CHAPTER 91 HOUSE BILL No. 2835* An Act concerning the pharmacy act of the state of Kansas; dialysates, devices or drugs for
chronic kidney failure. Be it enacted by the Legislature of the State of Kansas:

Section 1. (a) Except as otherwise provided in this section, the pro-
visions of the pharmacy act of the state of Kansas shall not apply to di-
alysates, devices or drugs which are designated by the board for the pur-
poses of this section relating to treatment of a person with chronic kidney
failure receiving dialysis and which are prescribed or ordered by a phy-
sician for administration or delivery to a person with chronic kidney fail-
ure if:

(1) The wholesale distributor is registered with the board and lawfully
holds the drug or device; and

(2) the wholesale distributor (A) delivers the drug or device to: (i) A
person with chronic kidney failure for self-administration at the person's
home or specified address; (ii) a physician for administration or delivery
to a person with chronic kidney failure; or (iii) a medicare approved renal
dialysis facility for administering or delivering to a person with chronic
kidney failure; and (B) has sufficient and qualified supervision to ade-
quately protect the public health.

(b) The wholesale distributor pursuant to subsection (a) shall be su-
pervised by a pharmacist consultant pursuant to rules and regulations
adopted by the board.

(c) The board shall adopt such rules or regulations as are necessary
to effectuate the provisions of this section.

(d) As used in this section, ``physician'' means a person licensed to
practice medicine and surgery.

(e) This section shall be part of and supplemental to the pharmacy
act of the state of Kansas.

Sec. 2. (a) A medicare approved renal dialysis facility which keeps
prescription drugs as a part of the services provided by such facility shall
obtain a registration from the board as a renal dialysis facility pharmacy.
Application for such registration shall be made in accordance with pro-
cedures established by the board. All fees applicable to registration of a
pharmacy, and the renewal of such registration, shall apply to the regis-
tration of a renal dialysis facility pharmacy.

(b) A registered renal dialysis facility pharmacy shall be supervised
by a pharmacist consultant. The pharmacist consultant shall act as the
pharmacist in charge. If a pharmacist consultant is not available to a reg-
istered renal dialysis facility pharmacy, the board shall provide or make
arrangements for a pharmacist to act as a pharmacist consultant for such
pharmacy and in the interim shall assist such pharmacy in locating a suit-
able pharmacist consultant.

(c) A renal dialysis facility pharmacy which is part of a medicare ap-
proved renal dialysis facility shall be deemed to be in compliance with
rules and regulations of the state board of pharmacy, except that the board
may adopt rules and regulations applicable to such pharmacy which es-
tablish labeling requirements for prescription medications delivered by
such pharmacy.

(d) This section shall be part of and supplemental to the pharmacy
act of the state of Kansas.

Sec. 3. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved April 9, 1998

Published in the Kansas Registers April 16, 1998

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