CHAPTER 69 SENATE BILL No. 528 An Act concerning chemical control act; relating to practitioners; amending K.S.A. 1999
Supp. 65-7003 and repealing the existing section. Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 1999 Supp. 65-7003 is hereby amended to read as
follows: 65-7003. As used in K.S.A. 1999 Supp. 65-7001 through 65-7015
and amendments thereto:

      (a) ``Act'' means the Kansas chemical control act;

      (b) ``administer'' means the application of a regulated chemical
whether by injection, inhalation, ingestion or any other means, directly
into the body of a patient or research subject, such administration to be
conducted by: (1) A practitioner, or in the practitioner's presence, by such
practitioner's authorized agent; or

      (2) the patient or research subject at the direction and in the presence
of the practitioner;

      (c) ``agent or representative'' means a person who is authorized to
receive, possess, manufacture or distribute or in any other manner control
or has access to a regulated chemical on behalf of another person;

      (d) ``bureau'' means the Kansas bureau of investigation;

      (e) ``department'' means the Kansas department of health and envi-
ronment;

      (f) ``director'' means the director of the Kansas bureau of investiga-
tion;

      (g) ``dispense'' means to deliver a regulated chemical to an ultimate
user, patient or research subject by, or pursuant to the lawful order of, a
practitioner, including the prescribing, administering, packaging, labeling
or compounding necessary to prepare the regulated chemical for that
delivery;

      (h) ``distribute'' means to deliver other than by administering or dis-
pensing a regulated chemical;

      (i) ``manufacture'' means to produce, prepare, propagate, compound,
convert or process a regulated chemical directly or indirectly, by extrac-
tion from substances of natural origin, chemical synthesis or a combina-
tion of extraction and chemical synthesis, and includes packaging or re-
packaging of the substance or labeling or relabeling of its container. The
term excludes the preparation, compounding, packaging, repackaging, la-
beling or relabeling of a regulated chemical:

      (1) By a practitioner as an incident to the practitioner's administering
or dispensing of a regulated chemical in the course of the practitioner's
professional practice; or

      (2) by a practitioner, or by the practitioner's authorized agent under
the practitioner's supervision, for the purpose of, or as an incident to
research, teaching or chemical analysis and not for sale;

      (j) ``person'' means individual, corporation, business trust, estate,
trust, partnership, association, joint venture, government, governmental
subdivision or agency, or any other legal or commercial entity;

      (k) ``practitioner'' means a person licensed to practice medicine and
surgery, pharmacist, dentist, podiatrist, veterinarian, optometrist licensed
under the optometry laws as a therapeutic licensee or diagnostic and
therapeutic licensee, or scientific investigator or other person authorized
by law to use a controlled substance in teaching or chemical analysis or
to conduct research with respect to a controlled substance;

      (l) ``regulated chemical'' means a chemical that is used directly or
indirectly to manufacture a controlled substance or other regulated chem-
ical in violation of the state controlled substances act or this act. The fact
that a chemical may be used for a purpose other than the manufacturing
of a controlled substance or regulated chemical does not exempt it from
the provisions of this act. Regulated chemical includes:

      (1) Acetic anhydride (CAS No. 108-24-7);

      (2) benzaldehyde (CAS No. 100-52-7);

      (3) benzyl chloride (CAS No. 100-44-7);

      (4) benzyl cyanide (CAS No. 140-29-4);

      (5) diethylamine and its salts (CAS No. 109-89-7);

      (6) ephedrine, its salts, optical isomers and salts of optical isomers
(CAS No. 299-42-3), except products containing ephedra or ma huang,
which do not contain any chemically synthesized ephedrine alkaloids, and
are lawfully marketed as dietary supplements under federal law;

      (7) hydriodic acid (CAS No. 10034-85-2);

      (8) iodine (CAS No. 7553-56-2);

      (9) lithium (CAS No. 7439-93-2);

      (10) methylamine and its salts (CAS No. 74-89-5);

      (11) nitroethane (CAS No. 79-24-3);

      (12) chloroephedrine, its salts, optical isomers, and salts of optical
isomers (CAS No. 30572-91-9);

      (13) phenylacetic acid, its esters and salts (CAS No. 103-82-2);

      (14) phenylpropanolamine, its salts, optical isomers, and salts of op-
tical isomers (CAS No. 14838-15-4);

      (15) piperidine and its salts (CAS No. 110-89-4);

      (16) pseudoephedrine, its salts, optical isomers, and salts of optical
isomers (CAS No. 90-82-4);

      (17) red phosphorous (CAS No. 7723-14-0);

      (18) sodium (CAS No. 7440-23-5); and

      (19) thionylchloride (CAS No. 7719-09-7);

      (m) ``regulated chemical distributor'' means any person subject to the
provisions of the Kansas chemical control act who manufactures or dis-
tributes a regulated chemical;

      (n) ``regulated chemical retailer'' means any person who sells regu-
lated chemicals directly to the public;

      (o) ``regulated chemical transaction'' means the manufacture of a reg-
ulated chemical or the distribution, sale, exchange or other transfer of a
regulated chemical within or into the state or from this state into another
state; and

      (p) ``secretary'' means the secretary of health and environment.

 Sec.  2. K.S.A. 1999 Supp. 65-7003 is hereby repealed.
 Sec.  3. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved April 6, 2000.
 Published in the Kansas Register April 20, 2000.
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