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Minutes for HB2280 - Committee on Health and Human Services
Short Title
Updating statutes relating to the powers, duties and functions of the state board of pharmacy.
Minutes Content for Thu, Feb 18, 2021
Scott Abbott, Revisor of Statutes, provided an overview of the HB2280 to the committee.
Alexandra Blasi, Executive Secretary, Kansas State Board of Pharmacy, provided proponent testimony on HB2280. The bill updates the Kansas Pharmacy Practice Act last updated in 2017. A list of the substantive changes was provided. Ms. Blasi provided additional clarification on various sections of the bill. Telepharmacy commenced in 2018 as a pilot project. Telepharmacy allows a pharmacist to conduct their review, supervision, verification and patient counseling responsibilities virtually. The pilot project has been operational for 3 years, demonstrating success and no increased risk to the public.The Board has crafted a series of criteria to develop telepharmacy regulations. A list of the criteria was provided. In regards to the pharmacist licensure examination, the Board is recommending a maximum of 5 attempts in a lifetime to pass the examination. An example was provided where someone needed 13 times to pass. This person under current law could reciprocate their license to Kansas. This change is with the intent to protect Kansans. Clarification as to use of pharmacy terms is included as to eliminate the possibilities of the public misunderstanding of terms when used by businesses not associated with drug dispensing. In regards to Standards of Practice, updating terms, such as, refill to 'continuation of therapy that contains no changes' were made. Prescription adaptations were also made clear in the bill. Updates also clarified the process of transferring unfilled prescriptions. On the advise of the counsel, the Board recommends adding a section detailing the confidentiality of certain complaints and documents associated with an investigation. The Board also recommends streamlining and standardizing Board enforcement authority for all facility registrants, both resident and non-resident, in order to take action against individuals and facilities in violation of federal requirements. The Board also seeks permission to take disciplinary action in the form of public and private censure. The Board feels strongly that licensees should have a one-time opportunity to remove minor administrative actions from their record after 5 years. In the area of fees and funding, the Board seeks authority to charge facilities the actual costs of inspections conducted at the request of the facility. This does not included regularly scheduled inspections. Compliance inspections and audits are the Board's most expensive operations. The Board seeks authorization to charge for the actual costs of compliance inspections or audits as a condition of probation or disciplinary action. The Board would also like to impose a special non-resident facility application and renewal fee due to the fact these take two times longer to verify. In regards to K-TRACS, the Board would like to retain 100% of administrative fine revenues as a solution to funding and maintaining the program. There is also a need to include the reinsertion of language regarding FDA-approved devices that were inadvertently stricken in previous legislative changes. Additional clarification of "virtual" needs to done. In conclusion, the Board updated all federal and industry referenced and has worked with the Office of the Revisor to make appropriate language adjustments. where required (Attachment 1).
Aaron Dunkel, Executive Director, Kansas Pharmacists Association (KPhA), provided testimony in support of HB2280. The bill makes changes that clarify current law, provide opportunities for pharmacists to provide services that make sense, and remove inconveniences in the current system. KPhA appreciates the inclusion of a definition of telepharmacy in Kansas. It also appreciates the inclusion of amendments to current law that allows the Board broader latitude with licensees that find themselves in conflict with the Board. KPhA supports changes in the bill that allows pharmacy technicians to receive orders for the continuation of therapy from a prescriber (Attachment 2).
Mitch DePriest on behalf of the Kansas Association of Chain Drug Stores provided supporting testimony for HB2280. The organization strongly supports in inclusion of telepharmacy in the bill. The organization does request amending the bill to strike the distance requirement and the limiting of the number of prescriptions dispensed. It also requests the committee to amend the definition of "dispense" surrounding the limitation of prescription deliveries (Attachment 3).
The conferees responded to questions from the committee.
The following provided written only testimony:
Tara Mays, Vice President, State Legislative Relations, Kansas Hospital Association (Attachment 4)
The hearing on HB2280 was closed.
