§ 65-4101 Definitions. [See Revisor’s Note]
§ 65-4101c Definitions. [See Revisor’s Note]
§ 65-4102 Board of pharmacy to administer act; rules and regulations; authority to control; report to speaker of house and president of senate on substances proposed for scheduling, rescheduling or deletion; scheduling of the controlled substance analog or new d
§ 65-4103 Nomenclature
§ 65-4105 Substances included in schedule I. [See Revisor’s Note]
§ 65-4105b Substances included in schedule I. [See Revisor’s Note]
§ 65-4107 Substances included in schedule II
§ 65-4109 Substances included in schedule III
§ 65-4111 Substances included in schedule IV
§ 65-4113 Substances included in schedule V
§ 65-4115 Fees
§ 65-4116 Registration requirements, exceptions; termination of registration
§ 65-4117 Registration
§ 65-4118 Revocation and suspension of registration
§ 65-4119 Denial, suspension, revocation or refusal to renew registration; order to show cause
§ 65-4120 Judicial review of board’s actions
§ 65-4121 Registrants to keep records and inventories
§ 65-4122 Order forms for distribution of substances in schedules I and II
§ 65-4123 Dispensing of controlled substances; oral, written or electronic prescriptions; limitations on refilling; prescription recordkeeping requirements
§ 65-4123a Gratuitous distribution of certain controlled substances prohibited
§ 65-4127c General penalties; criminal penalties not applicable to violations of regulations
§ 65-4127e Sentencing under 65-4127a and 65-4127b; substances and quantities; crimes committed prior to July 1, 1993
§ 65-4128 Penalties in addition to remedies under other laws
§ 65-4130 Enforcement
§ 65-4131 Inspection
§ 65-4132 Injunctions
§ 65-4133 Search warrant procedure
§ 65-4134 Identity of patient or research subject of practitioner confidential
§ 65-4137 Pending proceedings
§ 65-4138 Medical care facility exemption
§ 65-4139 Citation of act
§ 65-4140 Severability
§ 65-4157 Severability of provisions of act
§ 65-4167 Trafficking in counterfeit drugs
§ 65-4169 Severability clause

Terms Used In Kansas Statutes > Chapter 65 > Article 41

  • Administer: means the direct application of a controlled substance, whether by injection, inhalation, ingestion or any other means, to the body of a patient or research subject by:

    (1) A practitioner or pursuant to the lawful direction of a practitioner; or

    (2) the patient or research subject at the direction and in the presence of the practitioner. See Kansas Statutes 65-4101

  • 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
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Application service provider: means an entity that sells electronic prescription or pharmacy prescription applications as a hosted service where the entity controls access to the application and maintains the software and records on its server. See Kansas Statutes 65-4101
  • Board: means the state board of pharmacy. See Kansas Statutes 65-4101
  • Bureau: means the bureau of narcotics and dangerous drugs, United States department of justice, or its successor agency. See Kansas Statutes 65-4101
  • Controlled substance: means any drug, substance or immediate precursor included in any of the schedules designated in K. See Kansas Statutes 65-4101
  • Controlled substance analog: means a substance that is intended for human consumption, and at least one of the following:

    (A) The chemical structure of the substance is substantially similar to the chemical structure of a controlled substance listed in or added to the schedules designated in K. See Kansas Statutes 65-4101

  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counterfeit substance: means a controlled substance which, or the container or labeling of which, without authorization bears the trademark, trade name or other identifying mark, imprint, number or device or any likeness thereof of a manufacturer, distributor or dispenser other than the person who in fact manufactured, distributed or dispensed the substance. See Kansas Statutes 65-4101
  • Cultivate: means the planting or promotion of growth of five or more plants which contain or can produce controlled substances. See Kansas Statutes 65-4101
  • DEA: means the U. See Kansas Statutes 65-4101
  • delivery: means the actual, constructive or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. See Kansas Statutes 65-4101
  • Dispense: means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the packaging, labeling or compounding necessary to prepare the substance for that delivery, or pursuant to the prescription of a mid-level practitioner. See Kansas Statutes 65-4101
  • Dispenser: means a practitioner or pharmacist who dispenses, or a physician assistant who has authority to dispense prescription-only drugs in accordance with K. See Kansas Statutes 65-4101
  • Distribute: means to deliver other than by administering or dispensing a controlled substance. See Kansas Statutes 65-4101
  • Distributor: means a person who distributes. See Kansas Statutes 65-4101
  • Drug: means : (1) Substances 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; (2) substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in human or animals; (3) substances (other than food) intended to affect the structure or any function of the body of human or animals; and (4) substances intended for use as a component of any article specified in paragraph (1), (2) or (3). 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
  • Electronic prescription application: means software that is used to create electronic prescriptions and that is intended to be installed on the prescriber's computers and servers where access and records are controlled by the prescriber. See Kansas Statutes 65-4101
  • Electronic signature: means a confidential personalized digital key, code, number or other method for secure electronic data transmissions which identifies a particular person as the source of the message, authenticates the signatory of the message and indicates the person's approval of the information contained in the transmission. See Kansas Statutes 65-4101
  • Electronic transmission: means the transmission of an electronic prescription, formatted as an electronic data file, from a prescriber's electronic prescription application to a pharmacy's computer, where the data file is imported into the pharmacy prescription application. See Kansas Statutes 65-4101
  • Electronically prepared prescription: means a prescription that is generated using an electronic prescription application. See Kansas Statutes 65-4101
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Facsimile transmission: includes , but is not limited to, transmission of a written prescription between the prescriber's fax machine and the pharmacy's fax machine; transmission of an electronically prepared prescription from the prescriber's electronic prescription application to the pharmacy's fax machine, computer or printer; or transmission of an electronically prepared prescription from the prescriber's fax machine to the pharmacy's fax machine, computer or printer. See Kansas Statutes 65-4101
  • fax transmission: means the transmission of a digital image of a prescription from the prescriber or the prescriber's agent to the pharmacy. See Kansas Statutes 65-4101
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Immediate precursor: means a substance which the board has found to be and by rule and regulation designates as being the principal compound commonly used or produced primarily for use and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail or limit manufacture. See Kansas Statutes 65-4101
  • Intermediary: means any technology system that receives and transmits an electronic prescription between the prescriber and the pharmacy. See Kansas Statutes 65-4101
  • Isomer: means all enantiomers and diastereomers. See Kansas Statutes 65-4101
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Manufacture: means the production, preparation, propagation, compounding, conversion or processing of a controlled substance either directly or indirectly or by extraction from substances of natural origin or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled substance by an individual for the individual's own lawful use or the preparation, compounding, packaging or labeling of a controlled substance:

    (1) By a practitioner or the practitioner's agent pursuant to a lawful order of a practitioner as an incident to the practitioner's administering or dispensing of a controlled substance in the course of the practitioner's professional practice; or

    (2) by a practitioner or by the practitioner's authorized agent under such practitioner's supervision for the purpose of or as an incident to research, teaching or chemical analysis or by a pharmacist or medical care facility as an incident to dispensing of a controlled substance. See Kansas Statutes 65-4101

  • Marijuana: means all parts of all varieties of the plant Cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. See Kansas Statutes 65-4101
  • Mid-level practitioner: means a certified nurse-midwife engaging in the independent practice of midwifery under the independent practice of midwifery act, an advanced practice registered nurse issued a license pursuant to K. See Kansas Statutes 65-4101
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Narcotic drug: means any of the following whether produced directly or indirectly by extraction from substances of vegetable origin or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis:

    (1) Opium and opiate and any salt, compound, derivative or preparation of opium or opiate;

    (2) any salt, compound, isomer, derivative or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph (1) but not including the isoquinoline alkaloids of opium;

    (3) opium poppy and poppy straw;

    (4) coca leaves and any salt, compound, derivative or preparation of coca leaves, and any salt, compound, isomer, derivative or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine. See Kansas Statutes 65-4101

  • Opiate: means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. See Kansas Statutes 65-4101
  • Opium poppy: means the plant of the species Papaver somniferum l. See Kansas Statutes 65-4101
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • 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
  • Pharmacist: means any natural person licensed under K. See Kansas Statutes 65-4101
  • Pharmacist intern: means : (1) A student currently enrolled in an accredited pharmacy program; (2) a graduate of an accredited pharmacy program serving such person's internship; or (3) a graduate of a pharmacy program located outside of the United States which is not accredited and who had successfully passed equivalency examinations approved by the board. See Kansas Statutes 65-4101
  • Pharmacy prescription application: means software that is used to process prescription information, is installed on a pharmacy's computers and servers, and is controlled by the pharmacy. See Kansas Statutes 65-4101
  • Poppy straw: means all parts, except the seeds, of the opium poppy, after mowing. 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
  • Production: includes the manufacture, planting, cultivation, growing or harvesting of a controlled substance. 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
  • seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper. See Kansas Statutes 77-201
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
  • 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