65-1695. Continuous quality improvement program; purpose; confidential peer review documents; rules and regulations. (a) No later than July 1, 2009, each pharmacy shall establish a continuous quality improvement (CQI) program. The purpose of the CQI program shall be to assess errors that occur in the pharmacy in dispensing or furnishing prescription medications so that the pharmacy may take appropriate action to prevent a recurrence.
(b) Reports, memoranda, proceedings, findings and other records generated as part of a pharmacy's CQI program shall be considered confidential and privileged peer review documents and not subject to discovery, subpoena or other means of legal compulsion for their release to any person or entity and shall not be admissible in any civil or administrative action other than an administrative proceeding initiated by the board of pharmacy. Nothing in this section shall be construed to prohibit a patient from accessing such patient's own prescription records. Nothing in this section shall affect the discoverability of any record not solely generated for or maintained as a part of a pharmacy's CQI program.
(c) No person in attendance at any meeting being conducted as part of a CQI program shall be compelled to testify in any civil, criminal or administrative action, other than an administrative proceeding initiated by the board of pharmacy as to any discussions or decisions which occurred as part of the CQI program.
(d) All reports and records generated as part of a pharmacy's CQI program shall be available for inspection by the board of pharmacy within a time period established by the board in rules and regulations.
(e) In conducting a disciplinary proceeding in which admission of any matters that are confidential and privileged under subsection (b) are proposed, the board of pharmacy shall hold the hearing in closed session when any report, record or testimony is disclosed. Unless otherwise provided by law, the board of pharmacy in conducting a disciplinary proceeding may close only that portion of the hearing in which disclosure of such privileged matters are proposed. In closing a portion of a hearing as provided in this subsection, the presiding officer may exclude any person from the hearing except members of the board, the licensee, the licensee's attorney, the agency's attorney, the witness, the court reporter and appropriate staff support for either counsel.
The board of pharmacy shall make the portions of the administrative record in which such privileged matters are disclosed subject to a protective order prohibiting further disclosure. Such privileged matters shall not be subject to discovery, subpoena or other means of legal compulsion for their release to any person or entity. No person in attendance at a closed portion of a disciplinary proceeding shall be required to testify at a subsequent civil, criminal or administrative hearing regarding the privileged matters, nor shall such testimony be admitted into evidence in any subsequent civil, criminal or administrative hearing.
The board of pharmacy may review any matters that are confidential and privileged under subsection (b) in conducting a disciplinary proceeding but must prove its findings with independently obtained testimony or records which shall be presented as part of the disciplinary proceeding in an open meeting of the board of pharmacy. Offering such testimony or records in an open public hearing shall not be deemed a waiver of the peer review privilege relating to any peer review committee testimony, record or report.
(f) The board may establish by rules and regulations requirements regarding the functions and record keeping of a pharmacy CQI program.
(g) This section shall be part of and supplemental to the pharmacy act of the state of Kansas.
History: L. 2008, ch. 104, ยง 16; 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.