65-1626a. Practice of pharmacy defined; persons engaged as pharmacists. (a) For the purpose of the pharmacy act of the state of Kansas, the following persons shall be deemed to be engaged in the practice of pharmacy:
(1) Persons who publicly profess to be a pharmacist, or publicly profess to assume the duties incident to being a pharmacist and their knowledge of drugs or drug actions, or both; and
(2) persons who attach to their name any words or abbreviation indicating that they are a pharmacist licensed to practice pharmacy in Kansas.
(b) (1) "Practice of pharmacy" means the interpretation and evaluation of prescription orders; the compounding, dispensing and labeling of drugs and devices pursuant to prescription orders; the administering of vaccine pursuant to a vaccination protocol; the participation in drug selection according to state law and participation in drug utilization reviews; the proper and safe storage of prescription drugs and prescription devices and the maintenance of proper records thereof in accordance with law; consultation with patients and other health care practitioners about the safe and effective use of prescription drugs and prescription devices; performance of collaborative drug therapy management pursuant to a written collaborative practice agreement with one or more physicians who have an established physician-patient relationship; and participation in the offering or performing of those acts, services, operations or transactions necessary in the conduct, operation, management and control of a pharmacy. Nothing in this section shall be construed to add any additional requirements for registration or for a permit under the pharmacy act of the state of Kansas or for approval under subsection (g) of K.S.A. 65-1643, and amendments thereto, or to prevent persons other than pharmacists from engaging in drug utilization review, or to require persons lawfully in possession of prescription drugs or prescription devices to meet any storage or record keeping requirements except such storage and record keeping requirements as may be otherwise provided by law or to affect any person consulting with a health care practitioner about the safe and effective use of prescription drugs or prescription devices.
(2) "Collaborative drug therapy management" means a practice of pharmacy where a pharmacist performs certain pharmaceutical-related patient care functions for a specific patient which have been delegated to the pharmacist by a physician through a collaborative practice agreement. A physician who enters into a collaborative practice agreement is responsible for the care of the patient following initial diagnosis and assessment and for the direction and supervision of the pharmacist throughout the collaborative drug therapy management process. Nothing in this subsection shall be construed to permit a pharmacist to alter a physician's orders or directions, diagnose or treat any disease, independently prescribe drugs or independently practice medicine and surgery.
(3) "Collaborative practice agreement" means a written agreement or protocol between one or more pharmacists and one or more physicians that provides for collaborative drug therapy management. Such collaborative practice agreement shall contain certain specified conditions or limitations pursuant to the collaborating physician's order, standing order, delegation or protocol. A collaborative practice agreement shall be: (A) Consistent with the normal and customary specialty, competence and lawful practice of the physician; and (B) appropriate to the pharmacist's training and experience.
(4) "Physician" means a person licensed to practice medicine and surgery in this state.
History: L. 1997, ch. 112, § 4; L. 2000, ch. 118, § 2; L. 2014, ch. 49, § 1; July 1.
Structure Kansas Statutes
Article 16 - Regulation Of Pharmacists
65-1626 Pharmacy act; definitions.
65-1626a Practice of pharmacy defined; persons engaged as pharmacists.
65-1627a Same; jurisdiction of board; petition, who may file; stipulation, order based thereon.
65-1627b Same; direction by board to file petition or to prosecute.
65-1627c Same; form of petition, rules.
65-1627f Same; powers of board; term of suspension, probation or revocation; hearing; orders.
65-1627h Costs of proceedings.
65-1627k Certain records of board of pharmacy confidential; exceptions.
65-1628 Order; judicial review.
65-1629 Inspection of drugs by board; samples; analyses; publication of results.
65-1630 Rules and regulations.
65-1633 Change of mailing address or email address of pharmacist.
65-1634 Responsibility for quality of drugs sold; adulteration or mislabeling unlawful.
65-1636 Sale of drugs limited to pharmacies; violations; exceptions.
65-1637a Institutional drug rooms; supervision and record-keeping; rules and regulations.
65-1637e Compounding of drugs and distribution of compounded drugs; rules and regulations.
65-1638 Sale of drugs and poisons by registered pharmacist.
65-1640 Act not applicable to manufacture or to certain sales of poisons.
65-1641 Display of pharmacist license; when unlawful.
65-1644 Duplicate licenses, registrations and permits; fees.
65-1647 Repeated violations of act or rules and regulations may be enjoined.
65-1650 Regulation of advertising of prescription-only drugs; exceptions and exclusions.
65-1651 Sections part of and supplemental to pharmacy act.
65-1653 References to registered pharmacists deemed to apply to licensed pharmacists.
65-1654 Privileged communications.
65-1658 Civil fines for violations.
65-1668 Utilization of unused medications act; not applicable to certain medications.
65-1670 Same; duties of the board of pharmacy; duties of qualifying center or clinic.
65-1671 Same; criteria for accepting unused medications; dispensing.
65-1672 Same; participation; adult care homes; powers and duties of a qualifying center or clinic.
65-1673 Same; criminal and civil liability under the act.
65-1674 Same; rules and regulations; duties of the board of pharmacy.
65-1675 Same; duties of the secretary of health and environment; records.
65-1677 Collaborative drug therapy management advisory committee; purpose and membership.
65-1680 Epinephrine kits in schools; rules and regulations.
65-1681 Prescription monitoring program act.
65-1684 Same; charges and fees prohibited.
65-1686 Same; another agency as contractor.
65-1687 Same; maintenance of records.
65-1688 Same; act does not create civil liability or duty.
65-1689 Same; advisory committee created; members; terms.
65-1690 Same; advisory committee in cooperation with other entities.
65-1691 Same; board consultation with advisory committee; annual report.
65-1692 Same; rules and regulations.
65-1694 Same; veterinary prescription monitoring program task force; study; members; report.
65-1694a Same; prescription monitoring program fund created.
65-1696 State board of pharmacy; fingerprinting and criminal history.
65-16,103 Same; no cost charged to pharmacies; funding of program.
65-16,104 Same; confidential information; authorized access to data in the log.
65-16,106 Same; rules and regulations.
65-16,121 Pharmacy audit integrity act.
65-16,123 Same; procedural requirements.
65-16,124 Same; audit reports; recoupment and repayment of funds; access to audit information.
65-16,125 Same; final report; availability.
65-16,126 Same; application of the act.
65-16,128 Electronic transmission of prescription orders required, when; exceptions.
65-16,129 Pharmacists authorized to administer drugs, when; exceptions.