Kansas News: 2009 Legislative Changes

June 1, 2009 4:32 pm

Published in the June 2009 Kansas State Board of Pharmacy newsletter

The 2009 Legislative Session produced several changes to the Kansas Pharmacy Act. Senate Bill (SB) 248 was amended into SB 33 creating a statewide electronic logging system for the sale of methamphetamine precursors. This was recommended by the Kansas Methamphetamine Precursor Scheduling Task Force that met over the last year pursuant to a proviso from the 2008 Legislative Session. The Task Force was chaired by Board member Michael Coast, RPh, of Cimarron, KS, and included many stakeholders from health care, law enforcement, and public communities. SB 33 also requires the Board of Pharmacy to establish and maintain a statewide electronic logging system documenting the sale of any compound, mixture, or preparation containing pseudoephedrine, ephedrine, or phenylpropanolamine. The sales of methamphetamine precursors that are prescribed are excluded from the requirements of the logging system. The act will become law on July 1, 2009, and the Board is required to promulgate rules and regulations within six months of the effective date of the act. The Board will be allowed to issue a waiver exempting a pharmacy from compliance with electronically submitting the information under certain limited circumstances. The cost of establishing and maintaining the system will be borne by the state, other non-state units of government, private entities, or others. As written in the law, pharmacies are not required to bear the costs associated with establishing or maintaining the program.
In addition, SB 33 amended existing law regarding the maintenance of a list of the names of pharmacy technicians currently on duty on a duty board posted conspicuously in the prescription area of the pharmacy. The amended statute requires the pharmacy technician registration card, provided by the Board of Pharmacy, to be posted in the prescription area of the pharmacy at all times, regardless of whether the technician is on duty or not so that inspectors may have access to the registration information at any time. If the pharmacy technician is a floater, they can make a copy of their card for other pharmacy locations. This change will assist the pharmacist-in-charge and the inspectors regarding the validation of technician registrations.
SB 33 also increases the number of Board members from six to seven, effective July 1, 2009. The Board will consist of six pharmacists and one public member. Additionally, the term of office was extended from three years to four years, effective July 1, 2009. The terms of each existing member will be extended by one year, effective July 1, 2009 as well.
The final provision of SB 33 permits the Board of Pharmacy to fingerprint and background any original license or registration applicant, any reinstatement license or registration applicant, or any licensee or applicant that is being investigated. This legislation is important because the entire health care services delivery chain faces a range of risk and compliance needs. Hospitals, clinics, and pharmacies rely on the Board of Pharmacy, in part, to check out job applicants. In 2006, health care was the largest industry in the country, creating 14 million jobs. The rationale for backgrounding health care workers is that many patients are vulnerable and dependant on supportive care services. Surrounding states have also found it necessary to background wholesale drug distributors. A professional background check will provide additional protection to the citizens of Kansas.
The fee for fingerprinting shall be borne by the licensee or registrant and will be passed through to the Kansas Bureau of Investigation to cover costs associated with providing a record of criminal history to the Board. The statute is effective July 1, 2009, and the Board will promulgate rules and regulations implementing the backgrounding requirements. It is anticipated that the rules will be in place in 2010.