Brief ⁽¹⁾

As amended by Senate Committee, HB 2759 amends two of the statutes that are a part of the Pharmacy Act of the State of Kansas and creates a new statute that is supplemental to and made a part of the Act. The intent of the amendments and new statute is to authorize certain pharmacists to administer vaccines to adults if they meet qualifications set out in the bill and are acting pursuant to a vaccination protocol.

The definition of the term "administer" as used in the Pharmacy Act of the State of Kansas is amended by HB 2759 to include a pharmacist. The addition of a pharmacist to the definition of those who may administer drugs was clarified by the House Committee of the Whole amendment which limits the pharmacist defined in the definition of "administer" to a pharmacist who administers vaccines as authorized by the bill. The same statute is amended to define the term "vaccination protocol." The latter means a written protocol agreed to by a licensed pharmacist and a person licensed to practice medicine and surgery that establishes procedures and record keeping and reporting requirements for the administration of vaccines by pharmacists for a period of time set out in the protocol.

The statute that sets out who is deemed to be engaged in the practice of pharmacy for the purposes of the Pharmacy Act of the State of Kansas is amended by HB 2759 to include in the term "practice of pharmacy" the administering of vaccines pursuant to a vaccination protocol.

The new statute that would be created by HB 2759 sets out the requirements to be met by a pharmacist authorized to administer vaccines to persons age 18 or older pursuant to a vaccination protocol. The new language also prohibits a pharmacist from delegating the administration of vaccines to any other person. The Senate Committee amendments add an additional requirement to be met by a pharmacist who is authorized to administer vaccines. Such pharmacist is to give a written immunization record to the individual who received the vaccine and report the immunization to the individual's primary care provider by electronic facsimile or mail. If the individual does not have a primary care provider, the report of the immunization is to be sent to the licensee in medicine and surgery who is a party to the vaccination protocol. Immunizations are to be reported to state and county immunization registries.

Background

Testimony in support of HB 2759 was given by the State Epidemiologist, a representative of the Kansas Public Health Association, and a representative of the Kansas Pharmacists Association. A representative of the Kansas Medical Society commented on the bill, and the Executive Director of the Board of Pharmacy who was present at the Committee hearing responded to questions from Committee members. According to the testimony, 30 other states permit pharmacists to administer vaccines. It was suggested by conferees that immunizations for influenza and pneumonia administered by pharmacists have been particularly in demand in other states. No one appeared in opposition to the bill.

The fiscal note on HB 2759 indicates there would be no fiscal effect on either the Board of Pharmacy or the Board of Healing Arts from enactment of HB 2759.

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