CHAPTER 34 HOUSE BILL No. 2210 An Act concerning distribution and control of drugs in certain facilities; amending K.S.A. 65-1648 and repealing the existing section. Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 65-1648 is hereby amended to read as follows: 65-
1648. (a) Any medical care facility pharmacy registered by the board may
keep drugs in such facility and may supply drugs to its inpatients and
outpatients. Distribution and control of prescription medications in a
medical care facility pharmacy shall be under the supervision of a phar-
macist in charge. A designated registered nurse or nurses or a licensed
physician assistant approved by the pharmacist in charge and under the
supervision of the pharmacist in charge shall be in charge of the distri-
bution and control of drugs of a medical care facility pharmacy when a
pharmacist is not on the premises. Drugs supplied to outpatients when a
pharmacist is not on the premises shall be limited to the quantity nec-
essary until a prescription can be filled.

      (b) Nothing contained in this act shall be construed as prohibiting an
adult care home which utilizes the services of a pharmacist, from main-
taining an emergency medication kit approved by the adult care home's
medical staff composed of a duly licensed practitioner and a pharmacist.
The emergency medication kit shall be used only in emergency cases
under the supervision and direction of a duly licensed practitioner, and a
pharmacist shall have supervisory responsibility of maintaining said emer-
gency medication kit.

      (c) Every adult care home which maintains an emergency medication
kit under subsection (b) shall comply with the following requirements:

      (1) Drugs in an emergency medication kit shall be maintained under
the control of the pharmacist in charge of the pharmacy from which the
kit came until administered to the patient upon the proper order of a
practitioner.

      (2) Drugs contained within the emergency medication kit may in-
clude controlled substances, but in such case a pharmaceutical services
committee shall be responsible for specifically limiting the type and quan-
tity of controlled substance to be placed in each emergency kit.

      (3) Administration of controlled substances contained within the
emergency medication kit shall be in compliance with the provisions of
the uniform controlled substances act.

      (4) The consultant pharmacist of the adult care home shall be re-
sponsible for developing procedures, proper control and accountability
for the emergency medication kit and shall maintain complete and ac-
curate records of the controlled substances, if any, placed in the emer-
gency kit. Periodic physical inventory of the kit shall be required.

      (d)  (1) The state department of health and environment, any county,
city-county or multicounty health department, indigent health care clinic,
federally qualified health center and any private not-for-profit family plan-
ning clinic, when registered by the board, may keep drugs for the purpose
of distributing drugs to patients being treated by that health department,
indigent health care clinic, federally qualified health center or family plan-
ning clinic. Distribution and control of prescription medications in a
health department, indigent health care clinic, federally qualified health
center or family planning clinic shall be under the supervision of a phar-
macist in charge. A designated registered nurse or nurses or a licensed
physician assistant approved by the pharmacist in charge shall be in
charge of distribution and control of drugs in the health department,
indigent health care clinic, federally qualified health center or family plan-
ning clinic under the supervision of the pharmacist in charge when a
pharmacist is not on the premises. Drugs supplied to patients when a
pharmacist is not on the premises shall be limited to the quantity nec-
essary to complete a course of treatment as ordered by the practitioner
supervising such treatment.

      (2) The board shall adopt rules and regulations relating to specific
drugs to be used, to recordkeeping and to storage of drugs by a health
departments department, indigent health care clinic, federally qualified
health center or family planning clinics clinic as are necessary for proper
control of drugs.

 Sec.  2. K.S.A. 65-1648 is hereby repealed.
 Sec.  3. This act shall take effect and be in force from and after its
publication in the statute book.

Approved March 21, 2001.
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