Brief(1)
H.B. 2835 creates two new statutes that are made a part of and supplemental to The Pharmacy Act of the State of Kansas.
New Section 1 would exempt certain dialysis supplies and drugs that are delivered to a home dialysis patient directly by the wholesale distributer or that are delivered by the wholesale distributer to a physician for administration or delivery to a home dialysis patient from The Pharmacy Act of the State of Kansas. In order to be exempt from the Kansas pharmacy laws, the dialysis devices or drugs would have to be:
The Board of Pharmacy is directed to adopt rules and regulations necessary to effectuate the provisions of New Section 1.
New Section 2 requires a Medicare approved renal dialysis facility that keeps prescription drugs as part of its services to be registered by the Board of Pharmacy as a renal dialysis facility pharmacy and to be supervised by a pharmacist consultant who is to act as the pharmacist in charge. If a pharmacist consultant is not available, the Board of Pharmacy is to provide or make arrangements for a pharmacist to act as a pharmacist consultant and, in the interim, assist in locating a suitable pharmacist consultant. A renal dialysis facility pharmacy is to be deemed to be in compliance with the pharmacy rules and regulations, except the Board of Pharmacy may adopt rules and regulations relating to the labeling of prescription medications delivered by the pharmacy.
Background
H.B. 2835 was introduced at the request of a representative of Baxter International, a corporation that specializes in medical services, equipment, and supplies. Although Baxter has been delivering home dialysis supplies and devices directly to home kidney dialysis patients in Kansas believing they were making such deliveries on behalf of the prescribing physician, technically they are dispensing drugs directly to a consumer, an act that is not permitted under the state's pharmacy laws. A representative of Baxter International indicated the corporation delivers home dialysis supplies to approximately 325 Kansas home peritoneal dialysis patients pursuant to physician orders. Passage of H.B. 2835 would allow home delivery to continue as authorized by the Board of Pharmacy. The House Committee was told by the conferee representing Baxter International that the Board of Pharmacy has no objection to the bill.
Following action by the House on H.B. 2835, it was determined that free-standing renal dialysis facilities also may be in technical violation of the Kansas pharmacy laws by dispensing drugs to consumers. A representative of a renal dialysis facility appeared before the Senate Committee, as did a representative of Baxter International, to propose amendments that would cover the free-standing facilities. The Senate Committee amendments are largely directed to this issue.
The fiscal note on H.B. 2835 indicates the Board of Pharmacy believes passage of the bill would not affect its expenditures or receipts.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext-bill.html.