SESSION OF 1999



SUPPLEMENTAL NOTE ON SENATE BILL NO. 267



As Amended by Senate Committee on

Public Health and Welfare





Brief(1)



S.B. 267 amends five of the statutes in the Pharmacy Act of the State of Kansas to redefine the terms, "prescription-only drug" and "retail dealer"; to add to the grounds for which the Board of Pharmacy may take disciplinary action against a licensed pharmacist; to allow the Board to temporarily suspend or limit the license of a pharmacist without notice and hearing if the Board has cause to believe grounds exist for disciplinary action and that the continued practice of the licensee constitutes an eminent danger to the public health and safety; to redefine the reference to the type of drugs that may be distributed to veterinarians; and to make changes in the reference to prescription-only drugs as the term is used to define the type of drugs that may not be sold by the holder of a retail dealers permit issued by the Board.



S.B. 267 also adds a new statute that is made a part of and supplemental to the Pharmacy Act of the State of Kansas that gives the Board the power to issue subpoenas and compel the attendance of witnesses in investigative and disciplinary matters before the Board of Pharmacy.



The Senate Committee amendments to K.S.A. 1998 Supp. 65-1627 do not change existing law. They reconcile two versions of the statute enacted in 1998, one of which, K.S.A. 1998 Supp. 65-1627i, is repealed by S.B. 267.





Background



The introduction of S.B. 267 was requested by a representative of the Board of Pharmacy who also supported passage of the bill during the Senate Committee hearing. The Committee was told the change in definition of those drugs that require a prescription has been made in the federal Food, Drug and Cosmetic Act and will be phased in for the labeling of such drugs over a three-year period. The Senate Committee amendment was suggested as a cleanup of the Pharmacy Act of the State of Kansas.



The fiscal note on S.B. 267 states there will be no fiscal impact from passage of S.B. 267.

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/bill_search.html.