Kansas Statutes 65-16,102. Same; maintenance of program by the board of pharmacy; rules and regulations; waiver and liability
Terms Used In Kansas Statutes 65-16,102
- Board: means the state board of pharmacy. See Kansas Statutes 65-1682
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Methamphetamine precursor: means any compound, mixture or preparation containing pseudoephedrine, ephedrine or phenylpropanolamine, or any of their salts or optical isomers, or salts of optical isomers, but does not include products that have been formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine, or its salts for precursors, and does not include animal feed products containing ephedrine or any naturally occurring or herbal ephedra or extract of ephedra. See Kansas Statutes 65-16,101
- Pharmacist: means an individual currently licensed by the board to practice the profession of pharmacy in this state. See Kansas Statutes 65-1682
- Pharmacy: means a premises, laboratory, area or other place currently registered with the board where scheduled substances or drugs of concern are offered for sale or dispensed in this state. See Kansas Statutes 65-1682
- Program: means the prescription monitoring program. See Kansas Statutes 65-1682
(a) The board shall establish and maintain a program for a statewide electronic logging system for sale of methamphetamine precursors.
(b) Each pharmacy shall maintain an electronic methamphetamine precursor recording log documenting the sale of methamphetamine precursors. The board shall promulgate rules and regulations specifying a standardized format for the log and the information that each pharmacy shall submit to the board, which shall include, but not be limited to:
(1) The name and address of the person purchasing, receiving or otherwise acquiring the methamphetamine precursor;
(2) the name of the product and quantity purchased;
(3) the date and time of the purchase; and
(4) the name, or initials, of the licensed pharmacist, registered pharmacy technician or pharmacy intern or clerk supervised by a licensed pharmacist who sold the product.
(c) Notwithstanding the requirements of this section, each pharmacy shall maintain the purchaser’s signature in accordance with subsection (k) of Kan. Stat. Ann. § 65-1643, and amendments thereto.
(d) Each pharmacy that is capable shall submit the information from the log in real time in accordance with transmission methods specified in rules and regulations promulgated by the board.
(e) The board may grant a waiver exempting a pharmacy from compliance with the requirements of this section upon showing of good cause by the pharmacy that it is otherwise unable to submit log information by electronic means for various reasons, including, but not limited to, mechanical or electronic failure or financial, technological or any other undue burden on the pharmacy, established by rules and regulations. Such waiver may permit the pharmacy to submit log information by paper form or other means, provided that all information required by rules and regulations is submitted in this alternative format.
(f) No pharmacy or pharmacy employee shall be liable to any person in a civil action for damages or other relief arising from a sale of a methamphetamine precursor that occurs at another pharmacy.
(g) The requirements of this section shall not apply where there is a lawful prescription present for the methamphetamine precursor sold.