65-1643. Registration or permit required; pharmacies, manufacturers, wholesale distributors, third-party logistics providers, automated dispensing systems, auctions, sales, distribution or dispensing of samples, retailers, institutional drug rooms, veterinary medical teaching hospital pharmacies; certain acts declared unlawful. It shall be unlawful:
(a) For any person to operate, maintain, open or establish any pharmacy within this state without first having obtained a registration from the board. Each application for registration of a pharmacy shall indicate the person or persons desiring the registration, including the pharmacist-in-charge, as well as the location, including the street name and number, and such other information as may be required by the board to establish the identity and exact location of the pharmacy. The issuance of a registration for any pharmacy shall also have the effect of permitting such pharmacy to operate as a retail dealer without requiring such pharmacy to obtain a retail dealer's permit. On evidence satisfactory to the board: (1) That the pharmacy for which the registration is sought will be conducted in full compliance with the law and the rules and regulations of the board; (2) that the location and appointments of the pharmacy are such that it can be operated and maintained without endangering the public health or safety; and (3) that the pharmacy will be under the supervision of a pharmacist, a registration shall be issued to such persons as the board shall deem qualified to conduct such a pharmacy.
(b) For any person to violate the federal drug supply chain security act, 21 U.S.C. § 351 et seq.
(c) For any person to distribute at wholesale any drugs or devices without first obtaining a registration as a wholesale distributor from the board.
(d) For any person to operate as a third-party logistics provider within this state without having first obtained a registration from the board.
(e) For any person to in any manner distribute or dispense samples of any drugs or devices without first having obtained a permit from the board so to do, and it shall be necessary to obtain permission from the board in every instance where the samples are to be distributed or dispensed. Nothing in this subsection shall be held to regulate or in any manner interfere with the furnishing of samples of drugs to duly licensed practitioners, to mid-level practitioners, to pharmacists or to medical care facilities.
(f) Except as otherwise provided in this subsection, for any person operating a store or place of business to sell, offer for sale or distribute any drugs to the public without first having obtained a registration or permit from the board authorizing such person so to do. No retail dealer who sells 12 or fewer different nonprescription drug products shall be required to obtain a retail dealer's permit under the pharmacy act of the state of Kansas or to pay a retail dealer new permit or permit renewal fee under such act. It shall be lawful for a retail dealer who is the holder of a valid retail dealer's permit issued by the board or for a retail dealer who sells 12 or fewer different nonprescription drug products to sell and distribute nonprescription drugs that are prepackaged, fully prepared by the manufacturer or distributor for use by the consumer and labeled in accordance with the requirements of the state and federal food, drug and cosmetic acts. Such nonprescription drugs shall not include: (1) A controlled substance; (2) a prescription-only drug; or (3) a drug product intended for human use by hypodermic injection; but such a retail dealer shall not be authorized to display any of the words listed in K.S.A. 65-1626(zz), and amendments thereto, for the designation of a pharmacy or drugstore.
(g) For any person to manufacture within this state any drugs or devices except under the personal and immediate supervision of a pharmacist or such other individual as may be approved by the board after an investigation and a determination by the board that such individual is qualified by scientific or technical training or experience to perform such duties of supervision as may be necessary to protect the public health and safety, and no individual shall manufacture any drugs or devices without first obtaining a registration to do so from the board.
(h) For any person to operate an institutional drug room without first having obtained a registration to do so from the board. Such registration shall be subject to the provisions of K.S.A. 65-1637a, and amendments thereto, and any rules and regulations adopted pursuant thereto.
(i) For any person to operate a veterinary medical teaching hospital pharmacy without first having obtained a registration to do so from the board. Such registration shall be subject to the provisions of K.S.A. 65-1662, and amendments thereto, and any rules and regulations adopted pursuant thereto.
(j) For any person to sell or distribute in a pharmacy a controlled substance designated in K.S.A. 65-4113(d) or (e), and amendments thereto, unless:
(1) (A) Such controlled substance is sold or distributed by a licensed pharmacist, or by a registered pharmacy technician, pharmacist intern or clerk supervised by a licensed pharmacist;
(B) any individual purchasing, receiving or otherwise acquiring any such controlled substance produces a valid photo identification showing the date of birth of the individual and signs a log and enters in the log, or allows the seller to enter in the log, such individual's address and the date and time of sale or allows the seller to enter such information into an electronic logging system pursuant to K.S.A. 65-16,102, and amendments thereto. The log or database required by the board shall be available for inspection during regular business hours to the board of pharmacy and any law enforcement officer;
(C) the seller determines that the name entered in the log corresponds to the name provided on such identification and that the date and time entered are correct; and
(D) the seller enters in the log the name of the controlled substance and the quantity sold; or
(2) there is a lawful prescription.
(k) For any pharmacy to allow customers to have direct access to any controlled substance designated in K.S.A. 65-4113(d) or (e), and amendments thereto. Such controlled substance shall be placed behind the counter or stored in a locked cabinet that is located in an area of the pharmacy to which customers do not have direct access.
(l) A seller who in good faith releases information in a log pursuant to subsection (j) to any law enforcement officer is immune from civil liability for such release unless the release constitutes gross negligence or intentional, wanton or willful misconduct.
(m) For any person to sell or lease or offer for sale or lease durable medical equipment or to supply medical grade oxygen to an end user without first obtaining a registration from the board, in accordance with rules and regulations adopted by the board, except that this subsection shall not apply to:
(1) Sales not made in the regular course of the person's business; or
(2) sales by charitable organizations exempt from federal income taxation pursuant to the internal revenue code of 1986.
(n) For any person to operate as an outsourcing facility within this state, or operate as an outsourcing facility outside of Kansas and ship, mail or deliver drugs into this state, without having first obtained a registration from the board.
(o) For any person to operate an automated dispensing system within this state without having first obtained a registration from the board.
(p) For any person to distribute drugs or devices into Kansas as an out-of-state manufacturer of such drugs or devices without first obtaining a registration as a manufacturer from the board.
History: L. 1953, ch. 290, § 29; L. 1967, ch. 342, § 3; L. 1975, ch. 319, § 29; L. 1979, ch. 193, § 3; L. 1982, ch. 263, § 7; L. 1983, ch. 210, § 2; L. 1986, ch. 231, § 29; L. 1997, ch. 112, § 3; L. 1997, ch. 184, § 2; L. 1999, ch. 38, § 5; L. 1999, ch. 149, § 8; L. 2000, ch. 89, § 2; L. 2005, ch. 153, § 1; L. 2007, ch. 169, § 11; L. 2009, ch. 131, § 9; L. 2014, ch. 49, § 4; L. 2017, ch. 34, § 9; L. 2021, ch. 106, § 10; June 3.
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.