Kansas Statutes 65-4123. Dispensing of controlled substances; oral, written or electronic prescriptions; limitations on refilling; prescription recordkeeping requirements
Terms Used In Kansas Statutes 65-4123
- Agent: means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor or dispenser. See Kansas Statutes 65-4101
- Board: means the state board of pharmacy. See Kansas Statutes 65-4101
- Controlled substance: means any drug, substance or immediate precursor included in any of the schedules designated in Kan. See Kansas Statutes 65-4101
- Drug: means substances:
(A) Recognized as drugs in the official United States pharmacopeia, official homeopathic pharmacopoeia of the United States or official national formulary or any supplement to any of them;
(B) intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in human or animals;
(C) other than food intended to affect the structure or any function of the body of human or animals; and
(D) intended for use as a component of any article specified in subparagraph (A), (B) or (C). See Kansas Statutes 65-4101
- Electronic prescription: means an electronically prepared prescription that is authorized and transmitted from the prescriber to the pharmacy by means of electronic transmission. See Kansas Statutes 65-4101
- Person: means an individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership or association or any other legal entity. See Kansas Statutes 65-4101
- Practitioner: means a person licensed to practice medicine and surgery, dentist, podiatrist, veterinarian, optometrist, or scientific investigator or other person authorized by law to use a controlled substance in teaching or chemical analysis or to conduct research with respect to a controlled substance. See Kansas Statutes 65-4101
- Prescriber: means a practitioner or a mid-level practitioner. See Kansas Statutes 65-4101
- Readily retrievable: means that records kept by automatic data processing applications or other electronic or mechanized recordkeeping systems can be separated out from all other records within a reasonable time not to exceed 48 hours of a request from the board or other authorized agent or that hard-copy records are kept on which certain items are asterisked, redlined or in some other manner visually identifiable apart from other items appearing on the records. See Kansas Statutes 65-4101
- Ultimate user: means a person who lawfully possesses a controlled substance for such person's own use or for the use of a member of such person's household or for administering to an animal owned by such person or by a member of such person's household. See Kansas Statutes 65-4101
(a) Except as otherwise provided in Kan. Stat. Ann. § 65-4117, and amendments thereto, or in this subsection (a), no schedule I controlled substance may be dispensed. The board by rules and regulations may designate in accordance with the provisions of this subsection (a) a schedule I controlled substance as a schedule I designated prescription substance.
(b) Except when dispensed by a practitioner, other than a pharmacy, to an ultimate user, no controlled substance in schedule II may be dispensed without the written or electronic prescription of a prescriber. In emergency situations, as defined by rules and regulations of the board, schedule II drugs may be dispensed upon oral prescription of a prescriber reduced promptly to writing or transmitted electronically and filed by the pharmacy. No prescription for a schedule II substance may be refilled.
(c) Except when dispensed by a practitioner, other than a pharmacy, to an ultimate user, a controlled substance included in schedule III, IV or V which is a prescription drug shall not be dispensed without either a paper prescription manually signed by a prescriber, a facsimile of a manually signed paper prescription transmitted by the prescriber or the prescriber’s agent to the pharmacy, an electronic prescription that has been digitally signed by a prescriber with a digital certificate, or an oral prescription made by an individual prescriber and promptly reduced to writing. The prescription shall not be filled or refilled more than six months after the date thereof or be refilled more than five times.
(d) A controlled substance shall not be distributed or dispensed except by a valid prescription order as defined in Kan. Stat. Ann. § 65-1626, and amendments thereto. Electronic prescriptions shall be retained electronically for five years from the date of their creation or receipt. The records must be readily retrievable from all other records and easily rendered into a format a person can read. Paper, oral and facsimile prescriptions shall be maintained as a hard copy for five years at the registered location.