CHAPTER  31 HOUSE BILL No. 2457 (Amended by Chapter 171) An Act concerning physician assistants; statutory references to the physician assistants li-
censure act; amending K.S.A. 2000 Supp. 65-1626, 65-2836, 65-4101 and 65-6112 and
repealing the existing sections; also repealing K.S.A. 2000 Supp. 65-1626b and 65-2836a.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 2000 Supp. 65-1626 is hereby amended to read as
follows: 65-1626. For the purposes of this act:

      (a) ``Administer'' means the direct application of a drug, whether by
injection, inhalation, ingestion or any other means, to the body of a patient
or research subject by:

      (1) A practitioner or pursuant to the lawful direction of a practitioner;

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

      (3) a pharmacist as authorized in K.S.A. 2000 Supp. 65-1635a and
amendments thereto.

      (b) ``Agent'' means an authorized person who acts on behalf of or at
the direction of a manufacturer, distributor or dispenser but shall not
include a common or contract carrier, public warehouseman or employee
of the carrier or warehouseman when acting in the usual and lawful course
of the carrier's or warehouseman's business.

      (c) ``Board'' means the state board of pharmacy created by K.S.A. 74-
1603 and amendments thereto.

      (d) ``Brand exchange'' means the dispensing of a different drug prod-
uct of the same dosage form and strength and of the same generic name
than the brand name drug product prescribed.

      (e) ``Brand name'' means the registered trademark name given to a
drug product by its manufacturer, labeler or distributor.

      (f) ``Deliver'' or ``delivery'' means the actual, constructive or at-
tempted transfer from one person to another of any drug whether or not
an agency relationship exists.

      (g) ``Direct supervision'' means the process by which the responsible
pharmacist shall observe and direct the activities of a pharmacy student
or pharmacy technician to a sufficient degree to assure that all such ac-
tivities are performed accurately, safely and without risk or harm to pa-
tients, and complete the final check before dispensing.

      (h) ``Dispense'' means to deliver prescription medication to the ulti-
mate user or research subject by or pursuant to the lawful order of a
practitioner or pursuant to the prescription of a mid-level practitioner.

      (i) ``Dispenser'' means a practitioner or pharmacist who dispenses
prescription medication.

      (j) ``Distribute'' means to deliver, other than by administering or dis-
pensing, any drug.

      (k) ``Distributor'' means a person who distributes a drug.

      (l) ``Drug'' means: (1) Articles recognized in the official United States
pharmacopoeia, or other such official compendiums of the United States,
or official national formulary, or any supplement of any of them; (2) ar-
ticles intended for use in the diagnosis, cure, mitigation, treatment or
prevention of disease in man or other animals; (3) articles, other than
food, intended to affect the structure or any function of the body of man
or other animals; and (4) articles intended for use as a component of any
articles specified in clause (1), (2) or (3) of this subsection; but does not
include devices or their components, parts or accessories, except that the
term ``drug'' shall not include amygdalin (laetrile) or any livestock remedy,
as defined in K.S.A. 47-501 and amendments thereto, if such livestock
remedy has been registered in accordance with the provisions of article
5 of chapter 47 of the Kansas Statutes Annotated.

      (m) ``Electronic transmission'' means transmission of information in
electronic form or the transmission of the exact visual image of a docu-
ment by way of electronic equipment.

      (n) ``Generic name'' means the established chemical name or official
name of a drug or drug product.

      (o)  (1) ``Institutional drug room'' means any location where prescrip-
tion-only drugs are stored and from which prescription-only drugs are
administered or dispensed and which is maintained or operated for the
purpose of providing the drug needs of:

      (A) Inmates of a jail or correctional institution or facility;

      (B) residents of a juvenile detention facility, as defined by the Kansas
code for care of children and the Kansas juvenile justice code;

      (C) students of a public or private university or college, a community
college or any other institution of higher learning which is located in
Kansas;

      (D) employees of a business or other employer; or

      (E) persons receiving inpatient hospice services.

      (2) ``Institutional drug room'' does not include:

      (A) Any registered pharmacy;

      (B) any office of a practitioner; or

      (C) a location where no prescription-only drugs are dispensed and no
prescription-only drugs other than individual prescriptions are stored or
administered.

      (p) ``Medical care facility'' shall have the meaning provided in K.S.A.
65-425 and amendments thereto, except that the term shall also include
facilities licensed under the provisions of K.S.A. 75-3307b and amend-
ments thereto except community mental health centers and facilities for
the mentally retarded.

      (q) ``Manufacture'' means the production, preparation, propagation,
compounding, conversion or processing of a drug either directly or in-
directly by extraction from substances of natural origin, independently by
means of chemical synthesis or by a combination of extraction and chem-
ical synthesis and includes any packaging or repackaging of the drug or
labeling or relabeling of its container, except that this term shall not in-
clude the preparation or compounding of a drug by an individual for the
individual's own use or the preparation, compounding, packaging or la-
beling of a drug by: (1) A practitioner or a practitioner's authorized agent
incident to such practitioner's administering or dispensing of a drug in
the course of the practitioner's professional practice; (2) a practitioner,
by a practitioner's authorized agent or under a practitioner's supervision
for the purpose of, or as an incident to, research, teaching or chemical
analysis and not for sale; or (3) a pharmacist or the pharmacist's author-
ized agent acting under the direct supervision of the pharmacist for the
purpose of, or incident to, the dispensing of a drug by the pharmacist.

      (r) ``Person'' means individual, corporation, government, govern-
mental subdivision or agency, partnership, association or any other legal
entity.

      (s) ``Pharmacist'' means any natural person licensed under this act to
practice pharmacy.

      (t) ``Pharmacist in charge'' means the pharmacist who is responsible
to the board for a registered establishment's compliance with the laws
and regulations of this state pertaining to the practice of pharmacy, man-
ufacturing of drugs and the distribution of drugs. The pharmacist in
charge shall supervise such establishment on a full-time or a part-time
basis and perform such other duties relating to supervision of a registered
establishment as may be prescribed by the board by rules and regulations.
Nothing in this definition shall relieve other pharmacists or persons from
their responsibility to comply with state and federal laws and regulations.

      (u) ``Pharmacy,'' ``drug store'' or ``apothecary'' means premises, lab-
oratory, area or other place: (1) Where drugs are offered for sale where
the profession of pharmacy is practiced and where prescriptions are com-
pounded and dispensed; or (2) which has displayed upon it or within it
the words ``pharmacist,'' ``pharmaceutical chemist,'' ``pharmacy,'' ``apoth-
ecary,'' ``drugstore,'' ``druggist,'' ``drugs,'' ``drug sundries'' or any of these
words or combinations of these words or words of similar import either
in English or any sign containing any of these words; or (3) where the
characteristic symbols of pharmacy or the characteristic prescription sign
``Rx'' may be exhibited. As used in this subsection, premises refers only
to the portion of any building or structure leased, used or controlled by
the licensee in the conduct of the business registered by the board at the
address for which the registration was issued.

      (v) ``Pharmacy student'' means an individual, registered with the
board of pharmacy, enrolled in an accredited school of pharmacy.

      (w) ``Pharmacy technician'' means an individual who, under the direct
supervision and control of a pharmacist, may perform packaging, manip-
ulative, repetitive or other nondiscretionary tasks related to the processing
of a prescription or medication order and who assists the pharmacist in
the performance of pharmacy related duties, but who does not perform
duties restricted to a pharmacist.

      (x) ``Practitioner'' means a person licensed to practice medicine and
surgery, dentist, podiatrist, veterinarian, optometrist licensed under the
optometry law as a therapeutic licensee or diagnostic and therapeutic
licensee, or scientific investigator or other person authorized by law to
use a prescription-only drug in teaching or chemical analysis or to conduct
research with respect to a prescription-only drug.

      (y) ``Preceptor'' means a licensed pharmacist who possesses at least
two years' experience as a pharmacist and who supervises students ob-
taining the pharmaceutical experience required by law as a condition to
taking the examination for licensure as a pharmacist.

      (z) ``Prescription'' means, according to the context, either a prescrip-
tion order or a prescription medication.

      (aa) ``Prescription medication'' means any drug, including label and
container according to context, which is dispensed pursuant to a prescrip-
tion order.

      (bb) ``Prescription-only drug'' means any drug whether intended for
use by man or animal, required by federal or state law (including 21
United States Code section 353, as amended) to be dispensed only pur-
suant to a written or oral prescription or order of a practitioner or is
restricted to use by practitioners only.

      (cc) ``Prescription order'' means: (1) An order to be filled by a phar-
macist for prescription medication issued and signed by a practitioner or
a mid-level practitioner in the authorized course of professional practice;
or (2) an order transmitted to a pharmacist through word of mouth, note,
telephone or other means of communication directed by such practitioner
or mid-level practitioner.

      (dd) ``Probation'' means the practice or operation under a temporary
license, registration or permit or a conditional license, registration or per-
mit of a business or profession for which a license, registration or permit
is granted by the board under the provisions of the pharmacy act of the
state of Kansas requiring certain actions to be accomplished or certain
actions not to occur before a regular license, registration or permit is
issued.

      (ee) ``Professional incompetency'' means:

      (1) One or more instances involving failure to adhere to the appli-
cable standard of pharmaceutical care to a degree which constitutes gross
negligence, as determined by the board;

      (2) repeated instances involving failure to adhere to the applicable
standard of pharmaceutical care to a degree which constitutes ordinary
negligence, as determined by the board; or

      (3) a pattern of pharmacy practice or other behavior which demon-
strates a manifest incapacity or incompetence to practice pharmacy.

      (ff) ``Retail dealer'' means a person selling at retail nonprescription
drugs which are prepackaged, fully prepared by the manufacturer or dis-
tributor for use by the consumer and labeled in accordance with the
requirements of the state and federal food, drug and cosmetic acts. Such
nonprescription drugs shall not include: (1) A controlled substance; (2) a
prescription-only drug; or (3) a drug intended for human use by hypo-
dermic injection.

      (gg) ``Secretary'' means the executive secretary of the board.

      (hh) ``Unprofessional conduct'' means:

      (1) Fraud in securing a registration or permit;

      (2) intentional adulteration or mislabeling of any drug, medicine,
chemical or poison;

      (3) causing any drug, medicine, chemical or poison to be adulterated
or mislabeled, knowing the same to be adulterated or mislabeled;

      (4) intentionally falsifying or altering records or prescriptions;

      (5) unlawful possession of drugs and unlawful diversion of drugs to
others;

      (6) willful betrayal of confidential information under K.S.A. 65-1654
and amendments thereto;

      (7) conduct likely to deceive, defraud or harm the public;

      (8) making a false or misleading statement regarding the licensee's
professional practice or the efficacy or value of a drug;

      (9) commission of any act of sexual abuse, misconduct or exploitation
related to the licensee's professional practice; or

      (10)  performing unnecessary tests, examinations or services which
have no legitimate pharmaceutical purpose.

      (ii) ``Mid-level practitioner'' means an advanced registered nurse
practitioner issued a certificate of qualification pursuant to K.S.A. 65-1131
and amendments thereto who has authority to prescribe drugs pursuant
to a written protocol with a responsible physician under K.S.A. 65-1130
and amendments thereto or a physician's physician assistant registered
licensed pursuant to K.S.A. 65-2896a and amendments thereto the phy-
sician assistant licensure act who has authority to prescribe drugs pur-
suant to a written protocol with a responsible physician under K.S.A. 65-
2896e 2000 Supp. 65-28a08 and amendments thereto.

      (jj) ``Vaccination protocol'' means a written protocol, agreed to by a
pharmacist and a person licensed to practice medicine and surgery by the
state board of healing arts, which establishes procedures and recordkeep-
ing and reporting requirements for administering a vaccine by the phar-
macist for a period of time specified therein, not to exceed two years.

      (kk) ``Veterinary medical teaching hospital pharmacy'' means any lo-
cation where prescription-only drugs are stored as part of an accredited
college of veterinary medicine and from which prescription-only drugs
are distributed for use in treatment of or administration to a non-human.

      Sec.  2. K.S.A. 2000 Supp. 65-2836 is hereby amended to read as
follows: 65-2836. A licensee's license may be revoked, suspended or lim-
ited, or the licensee may be publicly or privately censured, or an appli-
cation for a license or for reinstatement of a license may be denied upon
a finding of the existence of any of the following grounds:

      (a) The licensee has committed fraud or misrepresentation in apply-
ing for or securing an original, renewal or reinstated license.

      (b) The licensee has committed an act of unprofessional or dishon-
orable conduct or professional incompetency.

      (c) The licensee has been convicted of a felony or class A misde-
meanor, whether or not related to the practice of the healing arts. The
board shall revoke a licensee's license following conviction of a felony
occurring after July 1, 2000, unless a 2/3 majority of the board members
present and voting determine by clear and convincing evidence that such
licensee will not pose a threat to the public in such person's capacity as
a licensee and that such person has been sufficiently rehabilitated to war-
rant the public trust. In the case of a person who has been convicted of
a felony and who applies for an original license or to reinstate a canceled
license, the application for a license shall be denied unless a 2/3 majority
of the board members present and voting on such application determine
by clear and convincing evidence that such person will not pose a threat
to the public in such person's capacity as a licensee and that such person
has been sufficiently rehabilitated to warrant the public trust.

      (d) The licensee has used fraudulent or false advertisements.

      (e) The licensee is addicted to or has distributed intoxicating liquors
or drugs for any other than lawful purposes.

      (f) The licensee has willfully or repeatedly violated this act, the phar-
macy act of the state of Kansas or the uniform controlled substances act,
or any rules and regulations adopted pursuant thereto, or any rules and
regulations of the secretary of health and environment which are relevant
to the practice of the healing arts.

      (g) The licensee has unlawfully invaded the field of practice of any
branch of the healing arts in which the licensee is not licensed to practice.

      (h) The licensee has engaged in the practice of the healing arts under
a false or assumed name, or the impersonation of another practitioner.
The provisions of this subsection relating to an assumed name shall not
apply to licensees practicing under a professional corporation or other
legal entity duly authorized to provide such professional services in the
state of Kansas.

      (i) The licensee has the inability to practice the healing arts with rea-
sonable skill and safety to patients by reason of physical or mental illness,
or condition or use of alcohol, drugs or controlled substances. In deter-
mining whether or not such inability exists, the board, upon reasonable
suspicion of such inability, shall have authority to compel a licensee to
submit to mental or physical examination or drug screen, or any combi-
nation thereof, by such persons as the board may designate either in the
course of an investigation or a disciplinary proceeding. To determine
whether reasonable suspicion of such inability exists, the investigative
information shall be presented to the board as a whole, to a review com-
mittee of professional peers of the licensee established pursuant to K.S.A.
65-2840c and amendments thereto or to a committee consisting of the
officers of the board elected pursuant to K.S.A. 65-2818 and amendments
thereto and the executive director appointed pursuant to K.S.A. 65-2878
and amendments thereto or to a presiding officer authorized pursuant to
K.S.A. 77-514 and amendments thereto. The determination shall be made
by a majority vote of the entity which reviewed the investigative infor-
mation. Information submitted to the board as a whole or a review com-
mittee of peers or a committee of the officers and executive director of
the board and all reports, findings and other records shall be confidential
and not subject to discovery by or release to any person or entity. The
licensee shall submit to the board a release of information authorizing
the board to obtain a report of such examination or drug screen, or both.
A person affected by this subsection shall be offered, at reasonable in-
tervals, an opportunity to demonstrate that such person can resume the
competent practice of the healing arts with reasonable skill and safety to
patients. For the purpose of this subsection, every person licensed to
practice the healing arts and who shall accept the privilege to practice
the healing arts in this state by so practicing or by the making and filing
of a renewal to practice the healing arts in this state shall be deemed to
have consented to submit to a mental or physical examination or a drug
screen, or any combination thereof, when directed in writing by the board
and further to have waived all objections to the admissibility of the tes-
timony, drug screen or examination report of the person conducting such
examination or drug screen, or both, at any proceeding or hearing before
the board on the ground that such testimony or examination or drug
screen report constitutes a privileged communication. In any proceeding
by the board pursuant to the provisions of this subsection, the record of
such board proceedings involving the mental and physical examination or
drug screen, or any combination thereof, shall not be used in any other
administrative or judicial proceeding.

      (j) The licensee has had a license to practice the healing arts revoked,
suspended or limited, has been censured or has had other disciplinary
action taken, or an application for a license denied, by the proper licensing
authority of another state, territory, District of Columbia, or other coun-
try, a certified copy of the record of the action of the other jurisdiction
being conclusive evidence thereof.

      (k) The licensee has violated any lawful rule and regulation promul-
gated by the board or violated any lawful order or directive of the board
previously entered by the board.

      (l) The licensee has failed to report or reveal the knowledge required
to be reported or revealed under K.S.A. 65-28,122 and amendments
thereto.

      (m) The licensee, if licensed to practice medicine and surgery, has
failed to inform in writing a patient suffering from any form of abnor-
mality of the breast tissue for which surgery is a recommended form of
treatment, of alternative methods of treatment recognized by licensees
of the same profession in the same or similar communities as being ac-
ceptable under like conditions and circumstances.

      (n) The licensee has cheated on or attempted to subvert the validity
of the examination for a license.

      (o) The licensee has been found to be mentally ill, disabled, not guilty
by reason of insanity, not guilty because the licensee suffers from a mental
disease or defect or incompetent to stand trial by a court of competent
jurisdiction.

      (p) The licensee has prescribed, sold, administered, distributed or
given a controlled substance to any person for other than medically ac-
cepted or lawful purposes.

      (q) The licensee has violated a federal law or regulation relating to
controlled substances.

      (r) The licensee has failed to furnish the board, or its investigators or
representatives, any information legally requested by the board.

      (s) Sanctions or disciplinary actions have been taken against the li-
censee by a peer review committee, health care facility, a governmental
agency or department or a professional association or society for acts or
conduct similar to acts or conduct which would constitute grounds for
disciplinary action under this section.

      (t) The licensee has failed to report to the board any adverse action
taken against the licensee by another state or licensing jurisdiction, a peer
review body, a health care facility, a professional association or society, a
governmental agency, by a law enforcement agency or a court for acts or
conduct similar to acts or conduct which would constitute grounds for
disciplinary action under this section.

      (u) The licensee has surrendered a license or authorization to practice
the healing arts in another state or jurisdiction, has surrendered the au-
thority to utilize controlled substances issued by any state or federal
agency, has agreed to a limitation to or restriction of privileges at any
medical care facility or has surrendered the licensee's membership on any
professional staff or in any professional association or society while under
investigation for acts or conduct similar to acts or conduct which would
constitute grounds for disciplinary action under this section.

      (v) The licensee has failed to report to the board surrender of the
licensee's license or authorization to practice the healing arts in another
state or jurisdiction or surrender of the licensee's membership on any
professional staff or in any professional association or society while under
investigation for acts or conduct similar to acts or conduct which would
constitute grounds for disciplinary action under this section.

      (w) The licensee has an adverse judgment, award or settlement
against the licensee resulting from a medical liability claim related to acts
or conduct similar to acts or conduct which would constitute grounds for
disciplinary action under this section.

      (x) The licensee has failed to report to the board any adverse judg-
ment, settlement or award against the licensee resulting from a medical
malpractice liability claim related to acts or conduct similar to acts or
conduct which would constitute grounds for disciplinary action under this
section.

      (y) The licensee has failed to maintain a policy of professional liability
insurance as required by K.S.A. 40-3402 or 40-3403a and amendments
thereto.

      (z) The licensee has failed to pay the premium surcharges as required
by K.S.A. 40-3404 and amendments thereto.

      (aa) The licensee has knowingly submitted any misleading, deceptive,
untrue or fraudulent representation on a claim form, bill or statement.

      (bb) The licensee as the responsible physician for a physician's phy-
sician assistant has failed to adequately direct and supervise the physi-
cian's physician assistant in accordance with K.S.A. 65-2896 to 65-2897a,
inclusive, and amendments thereto, the physician assistant licensure act
or rules and regulations adopted under such statutes act.

      (cc) The licensee has assisted suicide in violation of K.S.A. 21-3406
as established by any of the following:

      (A) A copy of the record of criminal conviction or plea of guilty for a
felony in violation of K.S.A. 21-3406 and amendments thereto.

      (B) A copy of the record of a judgment of contempt of court for
violating an injunction issued under K.S.A. 2000 Supp. 60-4404 and
amendments thereto.

      (C) A copy of the record of a judgment assessing damages under
K.S.A. 2000 Supp. 60-4405 and amendments thereto.

      Sec.  3. K.S.A. 2000 Supp. 65-4101 is hereby amended to read as
follows: 65-4101. As used in this act: (a) ``Administer'' means the direct
application of a controlled substance, whether by injection, inhalation,
ingestion or any other means, to the body of a patient or research subject
by: (1) A practitioner or pursuant to the lawful direction of a practitioner;
or

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

      (b) ``Agent'' means an authorized person who acts on behalf of or at
the direction of a manufacturer, distributor or dispenser. It does not in-
clude a common or contract carrier, public warehouseman or employee
of the carrier or warehouseman.

      (c) ``Board'' means the state board of pharmacy.

      (d) ``Bureau'' means the bureau of narcotics and dangerous drugs,
United States department of justice, or its successor agency.

      (e) ``Controlled substance'' means any drug, substance or immediate
precursor included in any of the schedules designated in K.S.A. 65-4105,
65-4107, 65-4109, 65-4111 and 65-4113, and amendments to these sec-
tions.

      (f) ``Counterfeit substance'' means a controlled substance which, or
the container or labeling of which, without authorization bears the trade-
mark, trade name or other identifying mark, imprint, number or device
or any likeness thereof of a manufacturer, distributor or dispenser other
than the person who in fact manufactured, distributed or dispensed the
substance.

      (g) ``Deliver'' or ``delivery'' means the actual, constructive or at-
tempted transfer from one person to another of a controlled substance,
whether or not there is an agency relationship.

      (h) ``Dispense'' means to deliver a controlled substance to an ultimate
user or research subject by or pursuant to the lawful order of a practi-
tioner, including the packaging, labeling or compounding necessary to
prepare the substance for that delivery, or pursuant to the prescription
of a mid-level practitioner.

      (i) ``Dispenser'' means a practitioner or pharmacist who dispenses.

      (j) ``Distribute'' means to deliver other than by administering or dis-
pensing a controlled substance.

      (k) ``Distributor'' means a person who distributes.

      (l) ``Drug'' means: (1) Substances recognized as drugs in the official
United States pharmacopoeia, official homeopathic pharmacopoeia of the
United States or official national formulary or any supplement to any of
them; (2) substances intended for use in the diagnosis, cure, mitigation,
treatment or prevention of disease in man or animals; (3) substances
(other than food) intended to affect the structure or any function of the
body of man or animals; and (4) substances intended for use as a com-
ponent of any article specified in clause (1), (2) or (3) of this subsection.
It does not include devices or their components, parts or accessories.

      (m) ``Immediate precursor'' means a substance which the board has
found to be and by rule and regulation designates as being the principal
compound commonly used or produced primarily for use and which is
an immediate chemical intermediary used or likely to be used in the
manufacture of a controlled substance, the control of which is necessary
to prevent, curtail or limit manufacture.

      (n) ``Manufacture'' means the production, preparation, propagation,
compounding, conversion or processing of a controlled substance either
directly or indirectly by extraction from substances of natural origin or
independently by means of chemical synthesis or by a combination of
extraction and chemical synthesis and includes any packaging or repack-
aging of the substance or labeling or relabeling of its container, except
that this term does not include the preparation or compounding of a
controlled substance by an individual for the individual's own lawful use
or the preparation, compounding, packaging or labeling of a controlled
substance: (1) By a practitioner or the practitioner's agent pursuant to a
lawful order of a practitioner as an incident to the practitioner's admin-
istering or dispensing of a controlled substance in the course of the prac-
titioner's professional practice; or

      (2) by a practitioner or by the practitioner's authorized agent under
such practitioner's supervision for the purpose of or as an incident to
research, teaching or chemical analysis or by a pharmacist or medical care
facility as an incident to dispensing of a controlled substance.

      (o) ``Marijuana'' means all parts of all varieties of the plant Cannabis
whether growing or not, the seeds thereof, the resin extracted from any
part of the plant and every compound, manufacture, salt, derivative, mix-
ture or preparation of the plant, its seeds or resin. It does not include the
mature stalks of the plant, fiber produced from the stalks, oil or cake
made from the seeds of the plant, any other compound, manufacture,
salt, derivative, mixture or preparation of the mature stalks, except the
resin extracted therefrom, fiber, oil, or cake or the sterilized seed of the
plant which is incapable of germination.

      (p) ``Narcotic drug'' means any of the following whether produced
directly or indirectly by extraction from substances of vegetable origin or
independently by means of chemical synthesis or by a combination of
extraction and chemical synthesis: (1) Opium and opiate and any salt,
compound, derivative or preparation of opium or opiate;

      (2) any salt, compound, isomer, derivative or preparation thereof
which is chemically equivalent or identical with any of the substances
referred to in clause (1) but not including the isoquinoline alkaloids of
opium;

      (3) opium poppy and poppy straw;

      (4) coca leaves and any salt, compound, derivative or preparation of
coca leaves, and any salt, compound, isomer, derivative or preparation
thereof which is chemically equivalent or identical with any of these sub-
stances, but not including decocainized coca leaves or extractions of coca
leaves which do not contain cocaine or ecgonine.

      (q) ``Opiate'' means any substance having an addiction-forming or
addiction-sustaining liability similar to morphine or being capable of con-
version into a drug having addiction-forming or addiction-sustaining lia-
bility. It does not include, unless specifically designated as controlled
under K.S.A. 65-4102 and amendments thereto, the dextrorotatory iso-
mer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan).
It does include its racemic and levorotatory forms.

      (r) ``Opium poppy'' means the plant of the species Papaver somni-
ferum l. except its seeds.

      (s) ``Person'' means individual, corporation, government, or govern-
mental subdivision or agency, business trust, estate, trust, partnership or
association or any other legal entity.

      (t) ``Poppy straw'' means all parts, except the seeds, of the opium
poppy, after mowing.

      (u) ``Pharmacist'' means an individual currently licensed by the board
to practice the profession of pharmacy in this state.

      (v) ``Practitioner'' means a person licensed to practice medicine and
surgery, dentist, podiatrist, veterinarian, optometrist licensed under the
optometry law 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.

      (w) ``Production'' includes the manufacture, planting, cultivation,
growing or harvesting of a controlled substance.

      (x) ``Ultimate user'' means a person who lawfully possesses a con-
trolled substance for such person's own use or for the use of a member
of such person's household or for administering to an animal owned by
such person or by a member of such person's household.

      (y) ``Isomer'' means all enantiomers and diastereomers.

      (z) ``Medical care facility'' shall have the meaning ascribed to that
term in K.S.A. 65-425 and amendments thereto.

      (aa) ``Cultivate'' means the planting or promotion of growth of five
or more plants which contain or can produce controlled substances.

      (bb)  (1) ``Controlled substance analog'' means a substance the chem-
ical structure of which is substantially similar to the chemical structure of
a controlled substance listed in or added to the schedules designated in
K.S.A. 65-4105 or 65-4107 and amendments thereto; and:

      (A) Which has a stimulant, depressant or hallucinogenic effect on the
central nervous system substantially similar to the stimulant, depressant
or hallucinogenic effect on the central nervous system of a controlled
substance included in the schedules designated in K.S.A. 65-4105 or 65-
4107 and amendments thereto; or

      (B) with respect to a particular individual, which the individual rep-
resents or intends to have a stimulant, depressant or hallucinogenic effect
on the central nervous system substantially similar to the stimulant, de-
pressant or hallucinogenic effect on the central nervous system of a con-
trolled substance included in the schedules designated in K.S.A. 65-4105
or 65-4107 and amendments thereto.

      (2) ``Controlled substance analog'' does not include:

      (A) A controlled substance;

      (B) a substance for which there is an approved new drug application;

      (C) a substance with respect to which an exemption is in effect for
investigational use by a particular person under section 505 of the federal
food, drug, and cosmetic act (21 U.S.C. 355) to the extent conduct with
respect to the substance is permitted by the exemption; or

      (D) any substance to the extent not intended for human consumption
before an exemption takes effect with respect to the substance.

      (cc) ``Mid-level practitioner'' means an advanced registered nurse
practitioner issued a certificate of qualification pursuant to K.S.A. 65-1131
and amendments thereto, who has authority to prescribe drugs pursuant
to a written protocol with a responsible physician under K.S.A. 65-1130,
and amendments thereto or a physician's physician assistant licensed un-
der the physician assistant licensure act who has authority to prescribe
drugs pursuant to a written protocol with a responsible physician under
K.S.A. 65-2896e 2000 Supp. 65-28a08 and amendments thereto.

      Sec.  4. K.S.A. 2000 Supp. 65-6112 is hereby amended to read as
follows: 65-6112. As used in this act:

      (a) ``Administrator'' means the administrator of the emergency med-
ical services board.

      (b) ``Ambulance'' means any privately or publicly owned motor ve-
hicle, airplane or helicopter designed, constructed, prepared and
equipped for use in transporting and providing emergency care for in-
dividuals who are ill or injured.

      (c) ``Ambulance service'' means any organization operated for the
purpose of transporting sick or injured persons to or from a place where
medical care is furnished, whether or not such persons may be in need
of emergency or medical care in transit.

      (d) ``Attendant'' means a first responder, emergency medical tech-
nician, emergency medical technician-intermediate, emergency medical
technician-defibrillator or a mobile intensive care technician certified
pursuant to this act.

      (e) ``Board'' means the emergency medical services board established
pursuant to K.S.A. 65-6102, and amendments thereto.

      (f) ``Emergency medical service'' means the effective and coordinated
delivery of such care as may be required by an emergency which includes
the care and transportation of individuals by ambulance services and the
performance of authorized emergency care by a physician, professional
nurse, a licensed physician assistant or attendant.

      (g) ``Emergency medical technician'' means a person who holds an
emergency medical technician certificate issued pursuant to this act.

      (h) ``Emergency medical technician-defibrillator'' means a person
who holds an emergency medical technician defibrillator certificate issued
pursuant to this act.

      (i) ``Emergency medical technician-intermediate'' means a person
who holds an emergency medical technician intermediate certificate is-
sued pursuant to this act.

      (j) ``First responder'' means a person who holds a first responder cer-
tificate issued pursuant to this act.

      (k) ``Hospital'' means a hospital as defined by K.S.A. 65-425, and
amendments thereto.

      (l) ``Instructor-coordinator'' means a person who is certified under
this act to teach initial courses of certification of instruction and contin-
uing education classes.

      (m) ``Medical adviser'' means a physician.

      (n) ``Medical protocols'' mean written guidelines which authorize at-
tendants to perform certain medical procedures prior to contacting a phy-
sician, or professional nurse authorized by a physician. These protocols
shall be developed and approved by a county medical society or, if there
is no county medical society, the medical staff of a hospital to which the
ambulance service primarily transports patients.

      (o) ``Mobile intensive care technician'' means a person who holds a
mobile intensive care technician certificate issued pursuant to this act.

      (p) ``Municipality'' means any city, county, township, fire district or
ambulance service district.

      (q) ``Nonemergency transportation'' means the care and transport of
a sick or injured person under a foreseen combination of circumstances
calling for continuing care of such person. As used in this subsection,
transportation includes performance of the authorized level of services of
the attendant whether within or outside the vehicle as part of such trans-
portation services.

      (r) ``Operator'' means a person or municipality who has a permit to
operate an ambulance service in the state of Kansas.

      (s) ``Person'' means an individual, a partnership, an association, a
joint-stock company or a corporation.

      (t) ``Physician'' means a person licensed by the state board of healing
arts to practice medicine and surgery.

      (u) ``Physician assistant'' means a person who is licensed under the
physician assistant licensure act and who is acting under the direction of
a responsible physician.

      (v) ``Professional nurse'' means a licensed professional nurse as de-
fined by K.S.A. 65-1113, and amendments thereto.

      (w) ``Provider of training'' means a corporation, partnership, accred-
ited postsecondary education institution, ambulance service, fire depart-
ment, hospital or municipality that conducts training programs that in-
clude, but are not limited to, initial courses of instruction and continuing
education for attendants, instructor-coordinators or training officers.

      (x) ``Responsible physician'' means responsible physician as such term
is defined under K.S.A. 65-2897a 2000 Supp. 65-28a02 and amendments
thereto.

      (y) ``Training officer'' means a person who is certified pursuant to this
act to teach initial courses of instruction for first responders and contin-
uing education as prescribed by the board.

 Sec.  5. K.S.A. 2000 Supp. 65-1626, 65-1626b, 65-2836, 65-2836a, 65-
4101 and 65-6112 are hereby repealed.
 Sec.  6. This act shall take effect and be in force from and after its
publication in the statute book.

Approved March 20, 2001.
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