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HOUSE BILL No. 2068
AN ACT concerning pharmacists and pharmacy; allowing a pharmacy to employ certain
remote workers to engage in the remote practice of pharmacy; providing for the
supervision and duties of remote pharmacy workers; permitting a pharmacist to
initiate therapy for certain conditions consistent with the pharmacist's education,
training and experience; adding pharmacists who initiate such therapy to the
healthcare stabilization fund; allowing for a 90-day emergency supply of a
noncontrolled prescription drug to be filled when no refills remain; adopting the
United States pharmacopeia compounding standards under the pharmacy act of the
state of Kansas; removing the authority of the state board of pharmacy to authorize
individuals to access the program database as delegates by rules and regulations;
amending K.S.A. 40-3402 and 65-1637e and K.S.A. 2025 Supp. 65-1626a, 65-1682
and 65-16,131 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) As used in this section:
(1) "Employ" means the same as defined in K.S.A. 44-1202, and
amendments thereto.
(2) "Employing pharmacy" means a pharmacy that employs a
remote worker and receives tangible work product from such remote
worker.
(3) "Remote practice of pharmacy" or "remote practice" means the
practice of pharmacy conducted at any location other than an
employing pharmacy.
(4) "Remote worker" means a pharmacist, pharmacist intern or
pharmacy technician who is engaged in the remote practice of
pharmacy.
(5) "Pharmacy intern" means the same as defined in K.S.A. 65-
1626(zz), and amendments thereto.
(b) Any pharmacy may employ a remote worker to engage in the
remote practice of pharmacy, provided that all requirements of this act
are met.
(1) The pharmacist-in-charge shall ensure that the pharmacy
displays a notice of remote work on the premises of the pharmacy if
such pharmacy employs remote workers.
(2) Each pharmacy owner and pharmacist-in-charge shall ensure
that all records required by the pharmacy act of the state of Kansas are
maintained for a period of five years by the employing pharmacy and
that such records are stored under the employing pharmacy's direct
control.
(3) Each pharmacy owner and pharmacist-in-charge shall maintain
a record of each remote worker that was engaged in the remote practice
of pharmacy for the last two years. The record shall include the
following:
(A) The first and last name of the remote worker;
(B) the license, registration or permit number of such remote
worker;
(C) each address where the remote worker is located when
engaged in remote practice; and
(D) the current contact information of the remote worker.
(4) Personally identifying information collected under paragraph
(3), such as a remote worker's address and phone number, shall be
confidential and not be subject to the open records act, K.S.A. 45-215
et seq., and amendments thereto. The provisions of this paragraph shall
expire on July 1, 2031, unless the legislature reviews and reenacts this
provision pursuant to K.S.A. 45-229, and amendments thereto, prior to
July 1, 2031.
(5) Each pharmacy owner, pharmacist-in-charge and remote
worker engaged in the remote practice of pharmacy shall ensure the
following:
(A) Each remote practice area is free from third-party interference
or observation;
(B) each remote work device used to engage in the remote practice
of pharmacy shall:
(i) be provided and maintained by the employing pharmacy;
(ii) be configured and properly equipped to engage in the remote
practice of pharmacy and be secure from unauthorized access; and
HOUSE BILL No. 2068—page 2
(iii) have the ability to maintain all prescription and patient
information in a manner that protects the integrity and confidentiality
of such information; and
(C) all communication to any third-party outside the employing
pharmacy is made on a remote work device that complies with
paragraph (B).
(c) Each pharmacy owner and pharmacist-in-charge of a pharmacy
that employs remote workers shall maintain a written policy and
procedure manual. Each pharmacist-in-charge shall review, update and
revise such manual, at minimum, annually and as necessary to ensure
the manual remains up-to-date. Documentation of such review shall be
maintained at the pharmacy.
(1) The policy and procedure manual shall include the following:
(A) Procedures for the operation of the remote practice of
pharmacy;
(B) maintenance of security for remote work devices;
(C) procedures to ensure that the remote practice of pharmacy is
conducted in a manner in which patient privacy and confidentiality are
maintained, including provisions that patient information shall not:
(i) Be printed at a remote practice area;
(ii) exist in any nonelectronic format at a remote practice area; and
(iii) exist in any electronic format except on a remote work device
that complies with subsection (b)(4)(B);
(D) an acknowledgment that a physical or virtual inspection may
be conducted by the board or the employing pharmacy at any location
where each remote worker engages in remote practice;
(E) procedures for routine audits of a remote worker's activity;
(F) procedures to ensure compliance with an ongoing continuous
quality improvement program pursuant to K.S.A. 65-1695, and
amendments thereto, review of incident reports and necessary training
or education of remote workers in response to any incident;
(G) procedures to ensure that the employing pharmacy maintains
an updated list of each remote worker engaged in the remote practice of
pharmacy. The list shall include each remote worker's name and current
contact information;
(H) procedures for any pharmacist intern or pharmacy technician
engaged in the remote practice of pharmacy to contact a supervising
pharmacist;
(I) procedures for any pharmacist intern or pharmacy technician to
follow if a supervising pharmacist is no longer able to supervise.
(2) Before engaging in the remote practice of pharmacy, each
pharmacist intern, shall complete the first year of pharmacy school and
be in good standing.
(3) Each pharmacy technician shall complete the following
education, experience and training before engaging in the remote
practice of pharmacy:
(A) At least 240 clock hours of training in the pharmacy either
with the current pharmacist-in-charge or the pharmacist-in-charge's
designee;
(B) an acknowledgment of understanding of the policy and
procedure manual for the remote practice of pharmacy; and
(C) documentation of passing a certification examination
approved by the board.
(4) Each pharmacist-in-charge shall ensure that each pharmacist
intern has completed the requirements in subsection (c)(2) before
engaging in the remote practice of pharmacy.
(5) The pharmacy owner and the pharmacist-in-charge shall
ensure that documentation of the requirements of subsection (b)(2)
through (3) is maintained at the pharmacy for each pharmacist intern
and pharmacy technician engaged in remote practice. Each pharmacist
intern or pharmacy technician engaged in remote practice shall be
supervised by a pharmacist working in the pharmacy's physical location
or a pharmacist engaged in remote practice.
(6) Supervision conducted in accordance with this subsection shall
HOUSE BILL No. 2068—page 3
constitute direct supervision.
(d) A pharmacist actively engaged in the remote practice of
pharmacy shall not perform any of the following:
(1) Handling or possessing any drug or device owned by the
pharmacy;
(2) packaging or prepackaging; and
(3) compounding, dispensing or labeling.
(e) Any pharmacist intern or pharmacy technician engaged in the
remote practice of pharmacy may perform the following:
(1) The prescription process; and
(2) send communications and requests to prescribers through
automated methods.
(f) Any pharmacist intern or pharmacy technician engaged in the
remote practice of pharmacy may, if supervised, perform the following:
(1) Contact prescribers or prescriber offices;
(2) contact patients for clarification of personal data and payment
processing information; and
(3) transfer a prescription.
(g) A pharmacist engaged in the remote practice of pharmacy may
supervise a pharmacist intern or pharmacy technician engaged in the
remote practice of pharmacy in accordance with the technician-to-
pharmacist ratio specified by K.A.R. 68-5-16, but shall not supervise
any pharmacist intern or pharmacy technician located in the pharmacy.
(h) This section shall not apply to medical care facility pharmacies
or medical care facility pharmacy personnel.
(i) Nothing in this act shall affect the requirements or allowances
in K.A.R. 68-22-1 through 68-22-5.
(j) Hours spent in the remote practice of pharmacy by a
pharmacist intern shall not count towards the intern hours required by
the board unless the supervising pharmacist is continuously present and
observing the intern by video and audio link.
(k) This section shall be a part of and supplemental to the
pharmacy act of the state of Kansas.
Sec. 2. K.S.A. 40-3402 is hereby amended to read as follows: 40-
3402. (a) Prior to January 1, 2022, a policy of professional liability
insurance approved by the commissioner and issued by an insurer duly
authorized to transact business in this state in which the limit of the
insurer's liability is not less than $200,000 per claim, subject to not less
than a $600,000 annual aggregate for all claims made during the policy
period, shall be maintained in effect by each resident healthcare
provider as a condition of active licensure or other statutory
authorization to render professional service as a healthcare provider in
this state, unless such healthcare provider is a self-insurer. For all new
policies and policies that renew on and after January 1, 2022, a policy
of professional liability insurance approved by the commissioner and
issued by an insurer duly authorized to transact business in this state in
which the limit of the insurer's liability is not less than $500,000 per
claim, subject to not less than a $1,500,000 annual aggregate for all
claims made during the policy period, shall be maintained by each
resident healthcare provider as a condition of active licensure or other
statutory authorization to render professional service as a healthcare
provider in this state, unless such healthcare provider is a self-insurer.
This provision shall not apply to optometrists and pharmacists , except
as provided in subsection (f), on and after July 1, 1991, to physical
therapists on and after July 1, 1995, or to health maintenance
organizations on and after July 1, 1997. Such policy shall provide as a
minimum coverage for claims made during the term of the policy that
were incurred during the term of such policy or during the prior term of
a similar policy. Any insurer offering such policy of professional
liability insurance to any healthcare provider may offer to such
healthcare provider a policy as prescribed in this section with
deductible options. Such deductible shall be within such policy limits.
(1) Each insurer providing basic coverage shall, within 30 days
after the effective date of any policy issued in accordance with this
HOUSE BILL No. 2068—page 4
subsection, notify the board of governors that such coverage is or will
be in effect. Such notification shall be on a form approved by the board
of governors and shall include information identifying the professional
liability policy issued or to be issued, the name and address of all
healthcare providers covered by the policy, the amount of the annual
premium, the effective and expiration dates of the coverage and such
other information as the board of governors shall require. A copy of the
notice required by this subsection shall be furnished to the named
insured.
(2) In the event of termination of basic coverage by cancellation,
nonrenewal, expiration or otherwise by either the insurer or named
insured, notice of such termination shall be furnished by the insurer to
the board of governors, the state agency which licenses, registers or
certifies the named insured and the named insured. Such notice shall be
provided no less than 30 days prior to the effective date of any
termination initiated by the insurer or within 10 business days after the
date coverage is terminated at the request of the named insured and
shall include the name and address of the healthcare provider or
providers for whom basic coverage is terminated and the date basic
coverage will cease to be in effect. No basic coverage shall be
terminated by cancellation or failure to renew by the insurer unless
such insurer provides a notice of termination as required by this
subsection.
(3) Any professional liability insurance policy issued, delivered or
in effect in this state on and after July 1, 1976, shall contain or be
endorsed to provide basic coverage as required by subsection (a).
Notwithstanding any omitted or inconsistent language, any contract of
professional liability insurance shall be construed to obligate the insurer
to meet all the mandatory requirements and obligations of this act. The
liability of an insurer for claims made prior to July 1, 1984, shall not
exceed those limits of insurance provided by such policy prior to July
1, 1984.
(b) A nonresident healthcare provider shall not be licensed to
actively render professional service as a healthcare provider in this state
unless such healthcare provider maintains continuous coverage in effect
as prescribed by subsection (a), except such coverage may be provided
by a nonadmitted insurer who has filed the form required by subsection
(b)(1). This provision shall not apply to optometrists and pharmacists
on and after July 1, 1991, or to physical therapists on and after July 1,
1995.
(1) Every insurance company authorized to transact business in
this state, that is authorized to issue professional liability insurance in
any jurisdiction, shall file with the commissioner, as a condition of its
continued transaction of business within this state, a form prescribed by
the commissioner declaring that its professional liability insurance
policies, wherever issued, shall be deemed to provide at least the
insurance required by this subsection when the insured is rendering
professional services as a nonresident healthcare provider in this state.
Any nonadmitted insurer may file such a form.
(2) Every nonresident healthcare provider that is required to
maintain basic coverage pursuant to this subsection shall pay the
surcharge levied by the board of governors pursuant to K.S.A. 40-
3404(a), and amendments thereto, directly to the board of governors
and shall furnish to the board of governors the information required in
subsection (a)(1).
(c) Every healthcare provider that is a self-insurer, the university
of Kansas medical center for persons engaged in residency training, as
described in K.S.A. 40-3401(r)(1), and amendments thereto, the
employers of persons engaged in residency training, as described in
K.S.A. 40-3401(r)(2), and amendments thereto, the private practice
corporations or foundations and their full-time physician faculty
employed by the university of Kansas medical center or a medical care
facility or mental health center for self-insurers under K.S.A. 40-
3414(e), and amendments thereto, shall pay the surcharge levied by the
HOUSE BILL No. 2068—page 5
board of governors pursuant to K.S.A. 40-3404(a), and amendments
thereto, directly to the board of governors and shall furnish to the board
of governors the information required in subsections (a)(1) and (a)(2).
(d) In lieu of a claims made policy otherwise required under this
section, a person engaged in residency training who is providing
services as a healthcare provider but, while providing such services, is
not covered by the self-insurance provisions of K.S.A. 40-3414(d), and
amendments thereto, may obtain basic coverage under an occurrence
form policy, if such policy provides professional liability insurance
coverage and limits that are substantially the same as the professional
liability insurance coverage and limits required by K.S.A. 40-3402(a),
and amendments thereto. Where such occurrence form policy is in
effect, the provisions of the healthcare provider insurance availability
act referring to claims made policies shall be construed to mean
occurrence form policies.
(e) In lieu of a claims made policy otherwise required under this
section, a nonresident healthcare provider employed pursuant to a
locum tenens contract to provide services in this state as a healthcare
provider may obtain basic coverage under an occurrence form policy, if
such policy provides professional liability insurance coverage and
limits that are substantially the same as the professional liability
insurance coverage and limits required by K.S.A. 40-3402, and
amendments thereto. Where such occurrence form policy is in effect,
the provisions of the healthcare provider insurance availability act
referring to claims made policies shall be construed to mean occurrence
form policies.
(f) (1) A pharmacist shall be subject to the professional liability
insurance requirements of subsection (a) if such pharmacist
independently initiates therapy pursuant to K.S.A. 2025 Supp. 65-
16,131, and amendments thereto.
(2) This subsection shall take effect on and after January 1, 2028.
Sec. 3. K.S.A. 2025 Supp. 65-1626a is hereby amended to read as
follows: 65-1626a. (a) For the purpose of the pharmacy act of the state
of Kansas, the following individuals shall be deemed to be engaged in
the practice of pharmacy:
(1) Individuals who publicly profess to be a pharmacist, or
publicly profess to assume the duties incident to being a pharmacist and
their knowledge of drugs or drug actions, or both; and
(2) individuals who attach to their name any words or abbreviation
indicating that they are a pharmacist licensed to practice pharmacy in
Kansas.
(b) As used in this section:
(1) "Practice of pharmacy" means:
(A) The interpretation and evaluation of prescription orders;
(B) the compounding, dispensing and labeling of drugs and
devices pursuant to prescription orders;
(C) the administering of vaccine pursuant to a vaccination
protocol;
(D) the participation in drug selection according to state law and
participation in drug utilization reviews;
(E) the proper and safe storage of prescription drugs and
prescription devices and the maintenance of proper records thereof in
accordance with law;
(F) consultation with patients and other health care practitioners
about the safe and effective use of prescription drugs and prescription
devices;
(G) performance of collaborative drug therapy management
pursuant to a written collaborative practice agreement with one or more
physicians who have an established physician-patient relationship;
(H) participation in the offering or performing of those acts,
services, operations or transactions necessary in the conduct, operation,
management and control of a pharmacy; and
(I) initiation of therapy for the conditions specified in K.S.A. 2025
Supp. 65-16,131, and amendments thereto; and
HOUSE BILL No. 2068—page 6
(J) dispensing a one-time emergency refill of a noncontrolled
prescription drug for up to a 90-day supply when no refills remain and,
in the pharmacists' professional judgment, continuation of therapy is
necessary to prevent interruption of care.
(2) "Collaborative drug therapy management" means a practice of
pharmacy where a pharmacist performs certain pharmaceutical-related
patient care functions for a specific patient which have been delegated
to the pharmacist by a physician through a collaborative practice
agreement. A physician who enters into a collaborative practice
agreement is responsible for the care of the patient following initial
diagnosis and assessment and for the direction and supervision of the
pharmacist throughout the collaborative drug therapy management
process. Nothing in this subsection shall be construed to permit a
pharmacist to alter a physician's orders or directions, diagnose or treat
any disease, independently prescribe drugs or independently practice
medicine and surgery.
(3) "Collaborative practice agreement" means a written agreement
or protocol between one or more pharmacists and one or more
physicians that provides for collaborative drug therapy management.
Such collaborative practice agreement shall contain certain specified
conditions or limitations pursuant to the collaborating physician's order,
standing order, delegation or protocol. A collaborative practice
agreement shall be: (A) Consistent with the normal and customary
specialty, competence and lawful practice of the physician; and (B)
appropriate to the pharmacist's training and experience.
(4) "Physician" means a person licensed to practice medicine and
surgery in this state.
(c) Nothing in this section shall be construed to:
(1) Add any additional requirements for registration or for a
permit under the pharmacy act of the state of Kansas or for approval
under K.S.A. 65-1643(g), and amendments thereto;
(2) prevent persons other than pharmacists from engaging in drug
utilization review;
(3) require persons lawfully in possession of prescription drugs or
prescription devices to meet any storage or record keeping
requirements except such storage and record keeping requirements as
may be otherwise provided by law; or
(4) affect any person consulting with a healthcare practitioner
about the safe and effective use of prescription drugs or prescription
devices.
Sec. 4. K.S.A. 65-1637e is hereby amended to read as follows: 65-
1637e. (a) The compounding standards established by the general
chapters 795 pharmaceutical compounding - nonsterile preparations;
797 pharmaceutical compounding - sterile preparations; and 825
radiopharmaceuticals - preparation, compounding, dispensing and
repackaging published by the United States pharmacopeia and its
referenced companion documents in effect on the effective date of this
section are hereby adopted.
(b) The board shall may adopt rules and regulations governing
proper compounding practices and distribution of compounded drugs
by pharmacists and pharmacies and establishing exemptions or waivers
from the requirements set forth in subsection (a).
(b)(c) This section shall be a part of and supplemental to the
pharmacy act of the state of Kansas.
(d) This section shall take effect and be in force on and after July
1, 2027.
Sec. 5. K.S.A. 2025 Supp. 65-1682 is hereby amended to read as
follows: 65-1682. As used in this act, unless the context otherwise
requires:
(a) "Audit trail information" means information produced
regarding requests for prescription monitoring program data that the
board and advisory committee use to monitor compliance with this act.
(b) "Board" means the state board of pharmacy.
(c) "Delegate" means:
HOUSE BILL No. 2068—page 7
(1) A registered nurse, licensed practical nurse, respiratory
therapist, emergency medical responder, paramedic, dental hygienist,
pharmacy technician or pharmacy intern who has registered for access
to the program database as an agent of a practitioner or pharmacist to
request program data on behalf of the practitioner or pharmacist; or
(2) a death investigator who has registered for limited access to
the program database as an agent of a medical examiner, coroner or
another person authorized under law to investigate or determine causes
of death; or
(3) an individual authorized to access the program database by the
board in rules and regulations.
(d) "Dispenser" means a practitioner, pharmacy or pharmacist who
delivers a scheduled substance or drug of concern to an ultimate user,
but does not include:
(1) A licensed hospital pharmacy that distributes such substances
for the purpose of inpatient hospital care;
(2) a medical care facility as defined in K.S.A. 65-425, and
amendments thereto, practitioner or other authorized person who
administers such a substance;
(3) a registered wholesale distributor of such substances;
(4) a veterinarian licensed by the Kansas board of veterinary
examiners who dispenses or prescribes a scheduled substance or drug
of concern; or
(5) a practitioner who has been exempted from the reporting
requirements of this act in rules and regulations promulgated adopted
by the board.
(e) "Drug of concern" means any drug that demonstrates a
potential for abuse and is designated as a drug of concern in rules and
regulations promulgated by the board.
(f) "Patient" means the individual who is the ultimate user of a
drug for whom a prescription is issued or for whom a drug is dispensed.
(g) "Pharmacist" means an individual currently licensed by the
board to practice the profession of pharmacy in this state.
(h) "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.
(i) "Practitioner" means an individual licensed to practice
medicine and surgery, dentist, podiatrist, optometrist or other individual
authorized by law to prescribe or dispense scheduled substances and
drugs of concern.
(j) "Program" means the prescription monitoring program.
(k) "Scheduled substance" means controlled substances included
in schedules II, III or IV of the schedules designated in K.S.A. 65-4107,
65-4109 and 65-4111, and amendments thereto, respectively, or the
federal controlled substances act, 21 U.S.C. § 812.
Sec. 6. K.S.A. 2025 Supp. 65-16,131 is hereby amended to read as
follows: 65-16,131. (a) (1) Notwithstanding the provisions of
subsections (b) through (d), a pharmacist may initiate therapy for a
condition consisting of medications and durable medical equipment if
such condition:
(A) Does not require a new diagnosis;
(B) is minor and generally self-limiting;
(C) has a test that is used to guide diagnosis or clinical decision-
making that is waived under the federal clinical laboratory
improvement amendments of 1988; or
(D) in the professional judgment of the pharmacist, constitutes a
patient emergency that threatens the health or safety of the patient if
the prescription is not immediately dispensed. In such cases, only the
sufficient quantity shall be provided until the patient is able to consult
with or be seen by the patient's personal physician or other primary
care provider.
(2) Nothing in subsection (a) shall be construed to authorize a
pharmacist to prescribe a controlled substance, except for a medication
prescribed for the treatment of opioid use disorder or for medication-
HOUSE BILL No. 2068—page 8
assisted treatment.
(3) To determine whether a specific act is within the scope of
practice of pharmacy for the purposes of the pharmacy act of the state
of Kansas, a pharmacist shall independently determine whether such
act is:
(A) Expressly prohibited by the pharmacy act of the state of
Kansas or other law;
(B) consistent with the pharmacist's education, training and
experience; and
(C) within the accepted standard of care that would be provided in
a similar setting by a reasonable and prudent pharmacist with similar
education, training and experience.
(b) A pharmacist may initiate therapy within the framework of a
statewide protocol for the following health conditions:
(1) Influenza;
(2) streptococcal pharyngitis; or
(3) urinary tract infection.
(b)(c) The collaborative drug therapy management advisory
committee established pursuant to K.S.A. 65-1677, and amendments
thereto, may adopt a statewide protocol for each condition listed in
subsection (a)(b). In establishing such statewide protocols, the
committee shall specify:
(1) The medications or categories of medications included in the
protocol for each health condition;
(2) the training or qualifications required for pharmacists to
implement the protocols;
(3) requirements for documentation and maintenance of records,
including patient inclusion and exclusion criteria, medical referral
criteria, patient assessment tools based on current clinical guidelines,
follow-up monitoring or care plans and the pharmacist's adherence to
the applicable protocols; and
(4) communication requirements, including, but not limited to,
notification to the patient's personal or primary care provider.
(c)(d) The board may deny an application or renewal or revoke or
suspend the license of a pharmacist upon a finding that the pharmacist
has violated the provisions of this section or failed to practice within
the framework of statewide protocols established pursuant to this
section by the collaborative drug therapy management advisory
committee.
(d)(e) This section shall take effect and be in force on and after
July 1, 2022The amendments to this section by this act shall be known
and may be cited as the pharmacist practice authority act.
HOUSE BILL No. 2068—page 9
Sec. 7. K.S.A. 40-3402 and 65-1637e and K.S.A. 2025 Supp. 65-
1626a, 65-1682 and 65-16,131 are hereby repealed.
Sec. 8. This act shall take effect and be in force from and after its
publication in the Kansas register.
I hereby certify that the above BILL originated in the HOUSE, and was
adopted by that body
HOUSE adopted
Conference Committee Report
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
SENATE adopted
Conference Committee Report
President of the Senate.
Secretary of the Senate.
APPROVED
Governor.