Brief (1)
SB 541 amends three of the statutes that are a part of the Pharmacy Act of the State of Kansas to create one new category of pharmacy for the purpose of being registered as a pharmacy under the Pharmacy Act and to add a new category of places that may maintain an institutional drug room. The bill, as amended by the House Committee of the Whole, also creates two new statutes that are made a part of and supplemental to the Pharmacy Act of the State of Kansas.
The definitions section of the Pharmacy Act is amended by Section 1 of SB 541 to add inpatient hospice services to the places that may maintain an institutional drug room. The definitions section of the pharmacy law is further amended to add a new definition of a veterinary medical teaching hospital pharmacy.
Other statutes are amended by SB 541 to make it unlawful to operate a veterinary medical teaching hospital pharmacy without first being registered as a pharmacy by the Board of Pharmacy and to authorize new fees for the initial and renewal registration of a veterinary medical teaching hospital pharmacy.
The bill also creates a new statute that is to be supplemental to and a part of the Pharmacy Act of the State of Kansas. The new statute requires the distribution and control of prescription-only drugs in a veterinary medical teaching hospital pharmacy to be under the supervision of a pharmacist in charge (a defined term in the pharmacy laws) who is also to be responsible for establishing and maintaining specified policies and procedures. The new statute requires the Board of Pharmacy to adopt rules and regulations relating to a veterinary medical teaching hospital pharmacy necessary for proper control of prescription-only drugs and adequate safety.
The House Committee of the Whole amendment adds a new section to the bill that would create a new statute that is made a part of and supplemental to the Pharmacy Act of the State of Kansas. The new section would prohibit a pharmacist or pharmacy from selling or providing any information derived from a prescription order for marketing or other commercial purposes if the information identifies the patient unless the patient authorizes the disclosure of such information in writing. Violation of the new provision would be a class A nonperson misdemeanor.
Background
The introduction of SB 541 was requested by a representative of the Board of Pharmacy after the Board was approached by the Dean of the College of Veterinary Medicine at Kansas State University. The veterinary teaching hospital pharmacy is now employing a full-time pharmacist and desires to have the facility registered as a pharmacy under Kansas laws. There currently is no category in the pharmacy laws that fits the teaching hospital pharmacy at Kansas State University so the Board formed a task force to consider how to deal with the veterinary hospital pharmacy. It was decided to seek legislation that would create a category of pharmacy that fits the Kansas State situation. (The Board of Pharmacy does not regulate the use and prescribing of drugs by licensed veterinarians.) The bill was supported in the Senate Committee by a representative of the Board of Pharmacy and the Executive Director of the Board of Veterinary Examiners. No one opposed the bill.
The amendment added by the House Committee arises from the recent opening of an inpatient hospice facility by Midland Hospice Care, a hospice that serves hospice patients in Shawnee and several surrounding counties. Midland is the first hospice in Kansas to open an inpatient facility to serve hospice clients who cannot receive hospice services in their own homes due to the level of care required or because there is no family to provide the home care. It was discovered the hospice needs to be able to keep legend drugs and controlled substances on the premises in order to respond to situations in which a change of medication is necessary or new medication is prescribed that is needed for the patient immediately. The hospice originally believed that by complying with Medicare regulations it was in compliance with Kansas law, but it was determined it needs to be registered under the Kansas pharmacy laws. The category in the Pharmacy Act of the State of Kansas that best meets the need of Midland Hospice Care is that of "institutional drug room." By qualifying as an institutional drug room Midland will be able to store needed prescription-only drugs and controlled substances on the premises and to administer and dispense such drugs under the direction of a pharmacist who contracts with the hospice. The House Committee amended the hospice language into SB 541 since the House bill that concerned hospice services would have amended the same section as already amended in the Senate bill.
The amendment adopted by the House Committee of the Whole incorporates the provisions of HB 2988 into SB 541.
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