CHAPTER 85 HOUSE BILL No. 2207 An Act concerning the state board of pharmacy; providing for registration of pharmacy
technicians; amending K.S.A. 65-1642 and repealing the existing section. Be it enacted by the Legislature of the State of Kansas:

      New Section  1. (a) It shall be unlawful for any person to function as
a pharmacy technician in this state unless such person is registered with
the board as a pharmacy technician. Except as otherwise provided in
subsection (d), every applicant for registration as a pharmacy technician
shall have passed an examination approved by the board. The board shall
adopt rules and regulations establishing the criteria for the required ex-
amination and a passing score.

      (b) All applications for registration shall be made on a form to be
prescribed and furnished by the board. Each application for registration
shall be accompanied by a registration fee fixed by the board by rule and
regulation of not to exceed $50.

      (c) The board shall take into consideration any felony conviction of
an applicant, but such conviction shall not automatically operate as a bar
to registration.

      (d) All persons who are employed as a pharmacy technician in a Kan-
sas pharmacy on the effective date of this act shall be entitled to continue
performing the functions of a pharmacy technician until October 31,
2004, without registering pursuant to the requirements of this section and
without passing the examination required by subsection (a). To perform
the functions of a pharmacy technician after such date, such person shall
have passed the examination referred to in subsection (a) and be regis-
tered by the board as a pharmacy technician.

      (e) Each pharmacy technician registration issued by the board shall
expire on October 31 of the year specified by the board. Each applicant
for renewal of a pharmacy technician registration shall be made on a form
prescribed and furnished by the board and shall be accompanied by a
renewal fee fixed by the board by rule and regulation of not to exceed
$25. Except as otherwise provided in this subsection, the application for
registration renewal, when accompanied by the renewal fee and received
by the executive secretary of the board on or before the date of expiration
of the registration, shall have the effect of temporarily renewing the ap-
plicant's registration until actual issuance or denial of the renewal regis-
tration. If at the time of filing a proceeding is pending before the board
which may result in the suspension, probation, revocation or denial of the
applicant's registration, the board may by emergency order declare that
the application for renewal shall not have the effect of temporarily re-
newing such applicant's registration. If the renewal fee is not paid by
December 1 of the renewal year, the registration is void.

      (f)  (1) The board may deny an application for issuance or renewal of
any registration as a pharmacy technician on any ground, which would
authorize the board to take action against the license of a pharmacist
under K.S.A. 65-1627, and amendments thereto.

      (2) The board may require a physical or mental examination, or both,
of a person applying for or registered as a pharmacy technician.

      (3) The board may temporarily suspend or temporarily limit the reg-
istration of any pharmacy technician in accordance with the emergency
adjudicative proceedings under the Kansas administrative procedure act
if the board determines that there is cause to believe that grounds exist
for disciplinary action under this section against the registrant and that
the registrant's continuation of pharmacy technician functions would con-
stitute an imminent danger to the public health and safety.

      (4) Proceedings under this section shall be subject to the Kansas ad-
ministrative procedure act.

      (g) Every registered pharmacy technician, within 30 days of obtaining
new employment, shall furnish the board's executive secretary notice of
the name and address of the new employer.

      (h) Each pharmacy shall at all times maintain a list of the names of
pharmacy technicians employed by the pharmacy and shall post in a con-
spicuous location in the prescription area of the pharmacy the names of
the pharmacy technicians currently on duty at the pharmacy, if any. A
pharmacy technician shall work under the direct supervision and control
of a pharmacist. It shall be the responsibility of the supervising pharmacist
to determine that the pharmacy technician is in compliance with the ap-
plicable rules and regulations of the board, and the supervising pharma-
cist shall be responsible for the acts and omissions of the pharmacy tech-
nician in the performance of the pharmacy technician's duties. The ratio
of pharmacy technicians to pharmacists in the prescription area of a phar-
macy shall not exceed two-to-one.

      (i) The board shall adopt such rules and regulations as are necessary
to ensure that pharmacy technicians are adequately trained as to the na-
ture and scope of their lawful duties.

      (j) The board may adopt rules and regulations as may be necessary
to carry out the purposes and enforce the provisions of this act.

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

      Sec.  2. K.S.A. 65-1642 is hereby amended to read as follows: 65-
1642. (a) Each pharmacy shall be equipped with proper pharmaceutical
utensils, in order that prescriptions can be properly filled and United
States pharmacopoeia and national formulary preparations properly com-
pounded, and with proper sanitary appliances which shall be kept in a
clean and orderly manner. The board shall prescribe the minimum of
such professional and technical equipment which a pharmacy shall at all
times possess.

      (b)  (1) Each pharmacy shall at all times maintain a list of the names
of pharmacy technicians employed by the pharmacy and shall post in a
conspicuous location in the prescription area of the pharmacy the name
of the pharmacy technician currently on duty at the pharmacy, if any. A
pharmacy technician shall work under the direct supervision and control
of a pharmacist. It shall be the responsibility of the pharmacist to deter-
mine that the pharmacy technician is in compliance with the applicable
rules and regulations of the board, and the pharmacist who supervises a
pharmacy technician shall be responsible for the acts and omissions of
the pharmacy technician in the performance of the pharmacy technician's
duties. The ratio of pharmacy technicians to pharmacists in the prescrip-
tion area of a pharmacy shall not exceed a two-to-one ratio.

      (2) The board shall adopt such rules and regulations as are necessary
to ensure that pharmacy technicians are adequately trained as to the na-
ture and scope of their lawful duties.

      (c) (b) Each pharmacy shall keep a suitable book or file which records
every prescription order filled at the pharmacy and a medication profile
record system as provided under subsection (d). The book or file of pre-
scription orders shall be kept for a period of not less than five years. The
book or file of prescription orders shall at all times be open to inspection
by members of the board, the secretary of health and environment, the
duly authorized agents or employees of such board or secretary and other
proper authorities.

      (d) (c)  (1) A medication profile record system shall be maintained in
all pharmacies for persons for whom prescriptions are dispensed. The
following information shall be recorded: (A) The name and address of the
patient for whom the medication is intended; (B) the prescriber's name,
the original date the prescription is dispensed and the number or desig-
nation identifying the prescription; (C) the name, strength and quantity
of the drug dispensed and the name of the dispensing pharmacist; and
(D) drug allergies and sensitivities.

      (2) Upon receipt of a prescription order, the pharmacist shall examine
the patient's medication profile record before dispensing the medication
to determine the possibility of a harmful drug interaction or reaction to
medication. Upon recognizing a potential harmful drug interaction or
reaction to the medication, the pharmacist shall take appropriate action
to avoid or minimize the problem which shall, if necessary, include con-
sultation with the prescriber with documentation of actions taken on the
prescription record.

      (3) A medication profile record shall be maintained for a period of
not less than five years from the date of the last entry in the record.

      (4) All prescription drug orders communicated by way of electronic
transmission shall conform to federal and state laws and the provisions of
the board's rules and regulations.

      (e) (d) No registration shall be issued or continued for the conduct
of a pharmacy until or unless the provisions of this section have been
complied with.

 Sec.  3. K.S.A. 65-1642 is hereby repealed.

 Sec.  4. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 16, 2003.
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