65-2837a. Restrictions on prescribing, ordering, dispensing, administering, selling, supplying or giving certain amphetamine or sympathomimetic amine controlled substances; unprofessional conduct. (a) It shall be unlawful for any person licensed to practice medicine and surgery to prescribe, order, dispense, administer, sell, supply or give or for a mid-level practitioner as defined in K.S.A. 65-1626, and amendments thereto, to prescribe, administer, supply or give any amphetamine or sympathomimetic amine designated in schedule II, III or IV under the uniform controlled substances act, except as provided in this section. Failure to comply with this section by a licensee shall constitute unprofessional conduct under K.S.A. 65-2837, and amendments thereto.
(b) When any licensee prescribes, orders, dispenses, administers, sells, supplies or gives or when any mid-level practitioner as defined in K.S.A. 65-1626, and amendments thereto, prescribes, administers, sells, supplies or gives any amphetamine or sympathomimetic amine designated in schedule II, III or IV under the uniform controlled substances act, the patient's medical record shall adequately document the purpose for which the drug is being given. Such purpose shall be restricted to one or more of the following:
(1) The treatment of narcolepsy.
(2) The treatment of drug-induced brain dysfunction.
(3) The treatment of attention-deficit/hyperactivity disorder.
(4) The differential diagnostic psychiatric evaluation of depression.
(5) The treatment of depression shown by adequate medical records and documentation to be unresponsive to other forms of treatment.
(6) The clinical investigation of the effects of such drugs or compounds, in which case, before the investigation is begun, the licensee shall, in addition to other requirements of applicable laws, apply for and obtain approval of the investigation from the state board of healing arts.
(7) The treatment of obesity with controlled substances, as may be defined by rules and regulations adopted by the board of healing arts.
(8) The treatment of binge eating disorder.
(9) The treatment of any other disorder or disease for which such drugs or compounds have been found to be safe and effective by competent scientific research that has been generally accepted by the scientific community, in which case, the licensee before prescribing, ordering, dispensing, administering, selling, supplying or giving the drug or compound for a particular condition, or the licensee before authorizing a mid-level practitioner to prescribe the drug or compound for a particular condition, shall obtain a determination from the board of healing arts that the drug or compound can be used for that particular condition.
History: L. 1984, ch. 237, § 1; L. 1997, ch. 57, § 1; L. 1999, ch. 115, § 12; L. 2007, ch. 18, § 1; L. 2016, ch. 95, § 1; L. 2017, ch. 34, § 21; Apr. 20.
Structure Kansas Statutes
65-2803 Prerequisite to practice a profession regulated by the board; exceptions; penalties.
65-2804 Attainment of legal age required prior to receiving permanent license.
65-2806 Form and type of license.
65-2807 License presumptive evidence of right to practice.
65-2811 Issuance of temporary permits; postgraduate permits.
65-2812 State board of healing arts; membership; appointment.
65-2813 State board of healing arts; qualifications of members.
65-2814 Same; terms of members; vacancies.
65-2817 Same; removal from office by governor, when.
65-2819 Same; seal; rules; oath; meetings.
65-2823 Same; compensation and expenses of members.
65-2824 Application for examination, contests; fees; documents and affidavits.
65-2825 Accredited schools; list.
65-2826 Where and when examinations held.
65-2827 List of eligible applicants prior to examinations.
65-2828 Rules and regulations designating examinations and passing grade; reexamination.
65-2831 Issuance of license; record.
65-2832 Preservation of examination results; availability.
65-2833 Endorsement licenses; requirements; rules and regulations.
65-2835 Certificate of standing; application; fee.
65-2838a Non-disciplinary resolution; procedure.
65-2840c Review committees; establishment; composition; expenses.
65-2846 Costs of proceedings; assessment of costs incurred.
65-2847 Same; costs due state; uncollectible, paid by board.
65-2849 Hearing of cause in district court; precedence.
65-2850 Same; appeal bond of licensee.
65-2851a Administrative proceedings; procedure, review and civil enforcement.
65-2852 Fees; collection by board.
65-2855 Fees; disposition of; healing arts fee fund.
65-2857 Injunction and quo warranto for unlawful practice of the healing arts.
65-2858 Same; authority conferred by 65-2857 additional to authority to prosecute criminally.
65-2859 Filing false documents with board; forgery; penalty.
65-2860 False impersonation; fraud; penalty.
65-2861 False swearing; penalty.
65-2862 Penalties for violations of act; second conviction.
65-2863a Administrative fines.
65-2864 Enforcement of act; investigations; evidence.
65-2865 Rules and regulations; filing.
65-2867 Certain acts prohibited; exceptions; penalties.
65-2869 Persons deemed engaged in practice of medicine and surgery.
65-2870 Persons deemed engaged in practice of osteopathy.
65-2871 Persons deemed engaged in practice of chiropractic.
65-2872 Persons not engaged in the practice of the healing arts.
65-2872b Same; administration of epinephrine; limitation of liability.
65-2873a Board authorized to grant license in particular circumstances; exceptions; requirements.
65-2873b Resident active license; requirements.
65-2875 Accredited schools of osteopathic medicine defined.
65-2876 Accredited school or college of chiropractic, defined.
65-2880 Pending actions; vested rights saved.
65-2881 Current licenses continued; renewal.
65-2885 Use of title by licensee.
65-2886 Licensee to comply with public health laws and regulations.
65-2887 Assisting unlicensed persons to practice optometry not authorized; exceptions.
65-2890 Name of act; citation.
65-2890a Provisions of act applicable to any regulated profession.
65-2891 Emergency care by healthcare providers; liability; standards of care applicable.
65-2891b Emergency care by non-health care providers; liability, standards of care applicable.
65-2892 Examination and treatment of persons under 18 for venereal disease; liability.
65-2892a Examination and treatment of minors for drug abuse, misuse or addiction; liability.
65-2893 Autopsies; performance of; authorization.
65-2895 Institutional license; qualifications; rights and restrictions; term of license.
65-2898a Confidentiality of complaints and reports relating thereto; disclosure, when.
65-28,104 Same; revocation of declaration.
65-28,108 Same; construction and effect of act.
65-28,121 Reports by hospitals and others; administrative fines for failure to report.
65-28,123 Temporary education license; issuance; qualifications; conditions; fee.
65-28,126 Changes in licensee's mailing and practice addresses; notice to board; penalties.
65-28,129 State board of healing arts; fingerprinting and criminal history.
65-28,130 Same; graduated sanctions; reference guide.
65-28,131 Same; website; licensee information.