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{As Amended by House Committee of the Whole}
As Amended by House Committee
Session of 2025
HOUSE BILL No. 2366
By Committee on Health and Human Services
Requested by Kevin Barone, Kansas Naturopathic Doctors Association
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AN ACT concerning health and healthcare; relating to the practice of
naturopathy; licensure and regulation of naturopathic doctors;
broadening the scope of practice of naturopathic doctors; adding
naturopathic doctor to the definition of healthcare provider for the
purposes of the healthcare stabilization fund; providing for liability
insurance minimums to be maintained by naturopathic doctors;
amending K.S.A. 65-7201, 65-7207, 65-7208, 65-7209 and , 65-7214
and 65-7217 and K.S.A. 2022 2025 Supp. 40-3401, 65-1626, 65-4101
and 65-7202 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) A naturopathic doctor may:
(1) Order and perform the following:
(A) Physical examinations,;
(B) orifical examinations, excluding endoscopies, and;
(C) laboratory examinations for diagnostic purposes, including, but
not limited to, within the education and training of such naturopathic
doctor;
(D) phlebotomy,;
(E) clinical laboratory tests,;
(F) speculum examinations; and
(G) physiological function tests;
(2) order diagnostic imaging studies, including, but not limited to, x-
ray, ultrasound, mammogram, bone densitometry, computed tomography,
magnetic resonance imaging and electrocardiograms, but a naturopathic
doctor shall refer patients to an appropriately licensed and qualified
healthcare professional to conduct diagnostic imaging studies and interpret
the results;
(3) prescribe, recommend or administer:
(A) Food, food extracts, nutraceuticals, vitamins, minerals, amino
acids, enzymes, whole gland thyroid, botanicals, homeopathic
preparations, plant substances, dietary supplements and nonprescription
drugs;
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(B) human cellular and tissue-based products that are not regulated as
drugs;
(C) healthcare and nutritional counseling, including fertility
counseling;
(D) dietary therapy,;
(E) naturopathic physical applications,;
(F) barrier contraceptive devices and intrauterine insemination;
(E)(G) substances authorized for intradermal, subcutaneous,
intramuscular, intravenous, ligamentous, tendinous, periarticular or intra-
articular administration, including proliferative therapy;
(F)(H) biofeedback and neurofeedback therapies; and
(G)(I) durable medical equipment and devices;
(4) prescribe, {or} administer or dispense : (A) Prescription-only
drugs as defined in K.S.A. 65-1626, and amendments thereto; and (B)
testosterone, as designated in K.S.A. 65-4109(f)(62), and amendments
thereto;
(5) perform minor office procedures and naturopathic acupuncture;
(6) provide naturopathic care to a pregnant patient;
(7) utilize routes of administration that include oral, nasal, topical,
auricular, ocular, rectal, vaginal, transdermal, intradermal, subcutaneous,
intramuscular, ligamentous, tendinous, periarticular, intra-articular and
intravenous; and
(8) utilize non-diagnostic ultrasound in the performance of services.
(b) A naturopathic doctor shall not:
(1) Perform surgery;
(2) perform obstetrics, labor, delivery or any procedure involving the
reproductive organs of a pregnant patient;
(3) administer ionizing radiation for therapeutic purposes;
(4) use general or spinal anesthetics;
(5) administer, conduct or interpret the results of diagnostic imaging
studies except as authorized by this act;
(6) claim to practice any licensed healthcare profession or system
other than naturopathic medicine, unless holding a separate license in that
profession;
(7) prescribe, dispense, administer drugs or perform procedures
involving the termination of a pregnancy; or
(8) prescribe, administer or dispense any controlled substances not
authorized by this act.
New Sec. 2. A naturopathic doctor who prescribes pursuant to section
1(a)(3) and (a)(4), and amendments thereto, shall:
(a) Record each prescription order in writing, which may include an
electronically recorded and transmitted communication. The order shall
include the name, address and telephone number of the naturopathic
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doctor;
(b) prescribe only when the naturopathic doctor has adequate
education, training and experience to safely manage the medical regimen;
and
(c) register with the United States drug enforcement administration in
order to prescribe controlled substances authorized by this act.
New Sec. 3. (a) The practice of naturopathy shall not include the
following:
(1) Persons whose professional services are performed under the
supervision or by order of or referral from a naturopathic doctor licensed
under the naturopathic doctor licensure act;
(2) persons licensed to engage in the practice of naturopathic
medicine in another state, territory or the District of Columbia when called
into this state in consultation with naturopathic doctors licensed in this
state; and
(3) practitioners of the healing arts licensed under the healing arts act
and practicing their professions or persons performing services pursuant to
the delegation of a licensee under K.S.A. 65-2872(g), and amendments
thereto.
(b) Nothing in this act shall be construed to restrict any person
licensed or regulated by the state of Kansas from engaging in the
profession or practice for which they are licensed or regulated.
New Sec. 4. (a) Every naturopathic doctor shall maintain a record for
each patient for whom a professional service is rendered, including:
Documentation of dates of professional services, pertinent and significant
information regarding the patient's condition, examinations and testing, all
findings and results, diagnosis and treatment performed or recommended,
patient progress and all patient records received from other providers.
(b) Every naturopathic doctor shall maintain a patient's record for a
minimum of 10 years from the date the licensee provided the professional
service recorded.
New Sec. 5. If any provision of the naturopathic doctor licensure act
or application thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications that can be given
effect without the invalid provision or application, and to this end, the
provisions of the naturopathic doctor licensure act are declared to be
severable.
Sec. 6. K.S.A. 2025 Supp. 40-3401 is hereby amended to read as
follows: 40-3401. As used in this act:
(a) "Applicant" means any healthcare provider.
(b) "Basic coverage" means a policy of professional liability
insurance required to be maintained by each healthcare provider
pursuant to the provisions of K.S.A. 40-3402(a) or (b), and
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amendments thereto.
(c) "Commissioner" means the commissioner of insurance.
(d) "Fiscal year" means the year commencing on the effective
date of this act and each year, commencing on the first day of July
thereafter.
(e) "Fund" means the healthcare stabilization fund established
pursuant to K.S.A. 40-3403(a), and amendments thereto.
(f) (1) "Healthcare provider" means a:
(A) Person licensed to practice any branch of the healing arts by
the state board of healing arts;
(B) person who holds a temporary permit to practice any branch
of the healing arts issued by the state board of healing arts;
(C) person engaged in a postgraduate training program approved
by the state board of healing arts;
(D) medical care facility licensed by the state of Kansas;
(E) podiatrist licensed by the state board of healing arts;
(F) health maintenance organization issued a certificate of
authority by the commissioner;
(G) optometrist licensed by the board of examiners in optometry;
(H) pharmacist licensed by the state board of pharmacy;
(I) licensed professional nurse who is authorized to practice as a
registered nurse anesthetist;
(J) licensed professional nurse who has been granted a temporary
authorization to practice nurse anesthesia under K.S.A. 65-1153, and
amendments thereto;
(K) professional corporation organized pursuant to the
professional corporation law of Kansas by persons who are authorized
by such law to form such a corporation and are healthcare providers
as defined by this subsection;
(L) Kansas limited liability company organized for the purpose of
rendering professional services by its members who are healthcare
providers as defined by this subsection and legally authorized to
render the professional services for which the limited liability
company is organized;
(M) partnership of persons who are healthcare providers under
this subsection;
(N) Kansas not-for-profit corporation organized for the purpose
of rendering professional services by persons who are healthcare
providers as defined by this subsection;
(O) nonprofit corporation organized to administer the graduate
medical education programs of community hospitals or medical care
facilities affiliated with the university of Kansas school of medicine;
(P) dentist certified by the state board of healing arts to
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administer anesthetics under K.S.A. 65-2899, and amendments
thereto;
(Q) psychiatric hospital licensed prior to January 1, 1988, and
continuously thereafter under K.S.A. 2015 Supp. 75-3307b, prior to its
repeal, and K.S.A. 39-2001 et seq., and amendments thereto, or a
mental health center or mental health clinic licensed by the state of
Kansas;
(R) physician assistant licensed by the state board of healing arts;
(S) licensed advanced practice registered nurse who is authorized
by the board of nursing to practice as an advanced practice registered
nurse in the classification of a nurse-midwife;
(T) maternity center, if such maternity center has been granted
accreditation by the commission for accreditation of birth centers and
is a maternity center as defined in K.S.A. 65-503, and amendments
thereto;
(U) licensed advanced practice registered nurse who has been
granted a temporary authorization by the board of nursing to practice
as an advanced practice registered nurse in the classification of a
nurse-midwife;
(V) nursing facility licensed by the state of Kansas;
(W) assisted living facility licensed by the state of Kansas; or
(X) a residential healthcare facility licensed by the state of
Kansas; or
(Y) licensed naturopathic doctor, as defined in K.S.A. 65-7202, and
amendments thereto.
(2) "Healthcare provider" does not include:
(A) Any state institution for people with intellectual disability;
(B) any state psychiatric hospital;
(C) any person holding an exempt license issued by the state
board of healing arts or the board of nursing;
(D) any person holding a visiting clinical professor license from
the state board of healing arts;
(E) any person holding an inactive license issued by the state
board of healing arts;
(F) any person holding a federally active license issued by the
state board of healing arts;
(G) an advanced practice registered nurse who is authorized by
the board of nursing to practice as an advanced practice registered
nurse in the classification of nurse-midwife or nurse anesthetist and
who practices solely in the course of employment or active duty in the
United States government or any of its departments, bureaus or
agencies or provides professional services as a charitable healthcare
provider as defined under K.S.A. 75-6102, and amendments thereto;
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or
(H) a physician assistant licensed by the state board of healing
arts who practices solely in the course of employment or active duty in
the United States government or any of its departments, bureaus or
agencies or provides professional services as a charitable healthcare
provider as defined under K.S.A. 75-6102, and amendments thereto.
(g) "Inactive healthcare provider" means a person or other entity
who purchased basic coverage or qualified as a self-insurer on or
subsequent to the effective date of this act but who, at the time a claim
is made for personal injury or death arising out of the rendering of or
the failure to render professional services by such healthcare provider,
does not have basic coverage or self-insurance in effect solely because
such person is no longer engaged in rendering professional service as a
healthcare provider.
(h) "Insurer" means any corporation, association, reciprocal
exchange, inter-insurer and any other legal entity authorized to write
bodily injury or property damage liability insurance in this state,
including workers compensation and automobile liability insurance,
pursuant to the provisions of the acts contained in article 9, 11, 12 or
16 of chapter 40 of the Kansas Statutes Annotated, and amendments
thereto.
(i) "Plan" means the operating and administrative rules and
procedures developed by insurers and rating organizations or the
commissioner to make professional liability insurance available to
healthcare providers.
(j) "Professional liability insurance" means insurance providing
coverage for legal liability arising out of the performance of
professional services rendered or that should have been rendered by a
healthcare provider.
(k) "Rating organization" means a corporation, an
unincorporated association, a partnership or an individual licensed
pursuant to K.S.A. 40-956, and amendments thereto, to make rates for
professional liability insurance.
(l) "Self-insurer" means a healthcare provider who qualifies as a
self-insurer pursuant to K.S.A. 40-3414, and amendments thereto.
(m) "Medical care facility" means the same when used in the
healthcare provider insurance availability act as defined in K.S.A. 65-
425, and amendments thereto, except that, as used in the healthcare
provider insurance availability act, such term, as it relates to
insurance coverage under the healthcare provider insurance
availability act, also includes any director, trustee, officer or
administrator of a medical care facility.
(n) "Mental health center" means a mental health center licensed
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by the state of Kansas under K.S.A. 39-2001 et seq., and amendments
thereto, except that, as used in the healthcare provider insurance
availability act, such term, as it relates to insurance coverage under
the healthcare provider insurance availability act, also includes any
director, trustee, officer or administrator of a mental health center.
(o) "Mental health clinic" means a mental health clinic licensed
by the state of Kansas under K.S.A. 39-2001 et seq., and amendments
thereto, except that, as used in the healthcare provider insurance
availability act, such term, as it relates to insurance coverage under
the healthcare provider insurance availability act, also includes any
director, trustee, officer or administrator of a mental health clinic.
(p) "State institution for people with intellectual disability"
means Parsons state hospital and the Kansas neurological institute.
(q) "State psychiatric hospital" means Larned state hospital,
Osawatomie state hospital and south central regional mental health
hospital.
(r) "Person engaged in residency training" means:
(1) A person engaged in a postgraduate training program
approved by the state board of healing arts who is employed by and is
studying at the university of Kansas medical center only when such
person is engaged in medical activities that do not include
extracurricular, extra-institutional medical service for which such
person receives extra compensation and that have not been approved
by the dean of the school of medicine and the executive vice-chancellor
of the university of Kansas medical center. Persons engaged in
residency training shall be considered resident healthcare providers
for purposes of K.S.A. 40-3401 et seq., and amendments thereto; and
(2) a person engaged in a postgraduate training program
approved by the state board of healing arts who is employed by a
nonprofit corporation organized to administer the graduate medical
education programs of community hospitals or medical care facilities
affiliated with the university of Kansas school of medicine or who is
employed by an affiliate of the university of Kansas school of medicine
as defined in K.S.A. 76-367, and amendments thereto, only when such
person is engaged in medical activities that do not include
extracurricular, extra-institutional medical service for which such
person receives extra compensation and that have not been approved
by the chief operating officer of the nonprofit corporation or the chief
operating officer of the affiliate and the executive vice-chancellor of
the university of Kansas medical center.
(s) "Full-time physician faculty employed by the university of
Kansas medical center" means a person licensed to practice medicine
and surgery who holds a full-time appointment at the university of
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Kansas medical center when such person is providing healthcare. A
person licensed to practice medicine and surgery who holds a full-time
appointment at the university of Kansas medical center may also be
employed part-time by the United States department of veterans
affairs if such employment is approved by the executive vice-
chancellor of the university of Kansas medical center.
(t) "Sexual act" or "sexual activity" means sexual conduct that
constitutes a criminal or tortious act under the laws of the state of
Kansas.
(u) "Board" means the board of governors created by K.S.A. 40-
3403, and amendments thereto.
(v) "Board of directors" means the governing board created by
K.S.A. 40-3413, and amendments thereto.
(w) "Locum tenens contract" means a temporary agreement not
exceeding 182 days per calendar year that employs a healthcare
provider to actively render professional services in this state.
(x) "Professional services" means patient care or other services
authorized under the act governing licensure of a healthcare provider.
(y) "Healthcare facility" means a nursing facility, an assisted
living facility or a residential healthcare facility as all such terms are
defined in K.S.A. 39-923, and amendments thereto.
(z) "Charitable healthcare provider" means the same as defined
in K.S.A. 75-6102, and amendments thereto.
Sec. 6. 7. K.S.A. 2024 Supp. 65-1626 is hereby amended to read as
follows: 65-1626. As used in the pharmacy act of the state of Kansas:
(a) "Address" means, with respect to prescriptions, the physical
address where a patient resides, including street address, city and state.
(b) "Administer" means the direct application of a drug, 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;
(2) the patient or research subject at the direction and in the presence
of the practitioner; or
(3) a pharmacist as authorized in K.S.A. 65-1635a, and amendments
thereto, or K.S.A. 2024 Supp. 65-16,129, and amendments thereto.
(c) "Agent" means an authorized person who acts on behalf of or at
the direction of a manufacturer, repackager, wholesale distributor, third-
party logistics provider or dispenser but does not include a common
carrier, public warehouseman or employee of the carrier or warehouseman
when acting in the usual and lawful course of the carrier's or
warehouseman's business.
(d) "Automated dispensing system" means a robotic or mechanical
system controlled by a computer that:
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(1) Performs operations or activities, other than compounding or
administration, relative to the storage, packaging, labeling, dispensing or
distribution of drugs;
(2) collects, controls and maintains all transaction information; and
(3) operates in accordance with the board's rules and regulations.
(e) "Biological product" means the same as defined in 42 U.S.C. §
262(i), as in effect on January 1, 2017.
(f) "Board" means the state board of pharmacy created by K.S.A. 74-
1603, and amendments thereto.
(g) "Brand exchange," in the case of a drug prescribed, means the
dispensing of a different drug product of the same dosage form and
strength and of the same generic name as the brand name drug product
prescribed, and in the case of a biological product prescribed, means the
dispensing of an interchangeable biological product.
(h) "Brand name" means the registered trademark name given to a
drug product by its manufacturer, labeler or distributor.
(i) "Co-licensed partner" means a person or pharmaceutical
manufacturer that has entered into an agreement with another
pharmaceutical manufacturer or an affiliate of the manufacturer to engage
in a business activity or occupation related to the manufacture or
distribution of a product.
(j) "Common carrier" means any person who undertakes, whether
directly or by any other arrangement, to transport property, including
drugs, for compensation.
(k) (1) "Compounding" means the combining of components into a
compounded preparation under either of the following conditions:
(A) As the result of a practitioner's prescription drug order or
initiative based on the practitioner-patient-pharmacist relationship in the
course of professional practice to meet the specialized medical need of an
individual patient of the practitioner that cannot be filled by an FDA-
approved drug; or
(B) for the purpose of, or incidental to, research, teaching or chemical
analysis, and not for sale or dispensing.
(2) Compounding includes the preparation of drugs or devices in
anticipation of receiving prescription drug orders based on routine,
regularly observed prescribing patterns.
(3) Compounding does not include reconstituting any mixed drug
according to the FDA-approved labeling for the drug.
(l) "Current good manufacturing practices" or "CGMP" means the
requirements for ensuring that drugs and drug products are consistently
manufactured, repackaged, produced, stored and dispensed in accordance
with 21 C.F.R. §§ 207, 210 and 211.
(m) "DEA" means the United States department of justice, drug
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enforcement administration.
(n) "Deliver" or "delivery" means the actual, constructive or
attempted transfer from one person to another of any drug whether or not
an agency relationship exists.
(o) "Device" means an instrument, apparatus, implement, machine,
contrivance, implant, in vitro reagent or other similar or related article,
including a component part or accessory that:
(1) (A) Is recognized in the official national formulary, or the United
States pharmacopoeia, or any supplement thereof;
(B) is intended for use in the diagnosis of disease or other conditions;
(C) is used for the cure, mitigation, treatment or prevention of disease
in human or other animals; or
(D) is intended to affect the structure or any function of the body of
human or other animals; and
(2) (A) does not achieve its primary intended purposes through
chemical action within or on the body of human or other animals; and
(B) is not dependent upon being metabolized for the achievement of
any of its primary intended purposes.
(p) "Direct supervision" means the process by which the responsible
pharmacist shall observe and direct the activities of a pharmacist intern or
pharmacy technician, be readily and immediately available at all time
activities are performed, provide personal assistance, direction and
approval throughout the time the activities are performed and complete the
final check before dispensing.
(q) "Dispense" or "dispensing" means to deliver prescription
medication to the ultimate user or research subject by or pursuant to the
lawful order of a practitioner or pursuant to the prescription of a mid-level
practitioner, including, but not limited to, delivering prescription
medication to a patient by mail, common carrier, personal delivery or
third-party delivery to any location requested by the patient.
(r) {(1)} "Dispenser" means:
(1){(A)} A practitioner or pharmacist who dispenses prescription
drugs or devices or a physician assistant who has authority to dispense
prescription-only drugs in accordance with K.S.A. 65-28a08(b), and
amendments thereto; or
(2){(B)} a retail pharmacy, hospital pharmacy or group of pharmacies
under common ownership and control that do not act as a wholesale
distributor.
{(2) "Dispenser" does not mean a naturopathic doctor.}
(s) "Distribute" or "distribution" means to deliver, offer to deliver,
sell, offer to sell, purchase, trade, transfer, broker, give away, handle, store
or receive, other than by administering or dispensing, any product, but
does not include dispensing a product pursuant to a prescription executed
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in accordance with 21 U.S.C. § 353 or the dispensing of a product
approved under 21 U.S.C. § 360b.
(t) "Distributor" means a person or entity that distributes a drug or
device.
(u) "Diversion" means the transfer of a controlled substance from a
lawful to an unlawful channel of distribution or use.
(v) "Drop shipment" means the sale, by a manufacturer, repackager or
exclusive distributor, of the manufacturer's prescription drug to a
wholesale distributor whereby the wholesale distributor takes title but not
possession of such prescription drug and the wholesale distributor invoices
the dispenser, and the dispenser receives delivery of the prescription drug
directly from the manufacturer, repackager, third-party logistics provider
or exclusive distributor, of such prescription drug.
(w) "Drug" means articles:
(1) Recognized in the official United States pharmacopeia, or other
such official compendiums of the United States, or official national
formulary, or any supplement to any of them;
(2) intended for use in the diagnosis, cure, mitigation, treatment or
prevention of disease in human or other animals;
(3) other than food, intended to affect the structure or any function of
the body of human or other animals; and
(4) intended for use as a component of any articles specified in
paragraph (1), (2) or (3); but does not include devices or their components,
parts or accessories, except that the term "drug" does not include
amygdalin (laetrile) or any livestock remedy, if such livestock remedy had
been registered in accordance with the provisions of article 5 of chapter 47
of the Kansas Statutes Annotated, prior to its repeal.
(x) "Durable medical equipment" means equipment that:
(1) Provides therapeutic benefits or enables an individual to perform
certain tasks that the individual is unable to otherwise undertake due to
certain medical conditions or illnesses;
(2) is primarily and customarily used to serve a medical purpose;
(3) generally is not useful to a person in the absence of an illness or
injury;
(4) can withstand repeated use;
(5) is appropriate for use in the home, long-term care facility or
medical care facility, but may be transported to other locations to allow the
individual to complete instrumental activities of daily living that are more
complex tasks required for independent living; and
(6) may include devices and medical supplies or other similar
equipment determined by the board in rules and regulations adopted by the
board.
(y) "Electronic prescription" means an electronically prepared
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prescription that is authorized and transmitted from the prescriber to the
pharmacy by means of electronic transmission.
(z) "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.
(aa) "Electronic signature" means a confidential personalized digital
key, code, number or other method for secure electronic data transmissions
that 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.
(bb) "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.
(cc) "Electronically prepared prescription" means a prescription that
is generated using an electronic prescription application.
(dd) "Exclusive distributor" means the wholesale distributor that
directly purchased the product from the manufacturer and is the sole
distributor of that manufacturer's product to a subsequent repackager,
wholesale distributor or dispenser.
(ee) "FDA" means the United States department of health and human
services, food and drug administration.
(ff) "Facsimile transmission" or "fax transmission" means the
transmission of a digital image of a prescription from the prescriber or the
prescriber's agent to the pharmacy. "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.
(gg) "Generic name" means the established chemical name or official
name of a drug or drug product.
(hh) "Healthcare entity" means any person that provides diagnostic,
medical, surgical or dental treatment or rehabilitative care but does not
include any retail pharmacy or wholesale distributor.
(ii) (1) "Institutional drug room" means any location where
prescription-only drugs are stored and from which prescription-only drugs
are administered or dispensed and that is maintained or operated for the
purpose of providing the drug needs of:
(A) Inmates of a jail or correctional institution or facility;
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(B) residents of a juvenile correctional facility or juvenile detention
facility, as defined in K.S.A. 38-2302, and amendments thereto;
(C) students of a public or private university or college, a community
college or any other institution of higher learning that is located in Kansas;
(D) employees of a business or other employer; or
(E) persons receiving inpatient hospice services.
(2) "Institutional drug room" does not include:
(A) Any registered pharmacy;
(B) any office of a practitioner; or
(C) a location where no prescription-only drugs are dispensed and no
prescription-only drugs other than individual prescriptions are stored or
administered.
(jj) "Interchangeable biological product" means a biological product
that the FDA has identified in the "purple book: lists of licensed biological
products with reference product exclusivity and biosimilarity or
interchangeability evaluations" as meeting the standards for
"interchangeability" as defined in 42 U.S.C. § 262(k), as in effect on
January 1, 2017.
(kk) "Intracompany transaction" means any transaction or transfer
between any division, subsidiary, parent or affiliated or related company
under common ownership or control of a corporate entity, or any
transaction or transfer between co-licensed partners.
(ll) "Label" means a display of written, printed or graphic matter
upon the immediate container of any drug.
(mm) "Labeling" means the process of preparing and affixing a label
to any drug container, exclusive of the labeling by a manufacturer, packer
or distributor of a non-prescription drug or commercially packaged legend
drug.
(nn) "Fingerprint candidate" means a person who has made an
original application for or reinstatement of any license, registration, permit
or certificate under this act or a person who currently holds a license,
registration, permit or certificate under this act.
(oo) "Long-term care facility" means "nursing facility," as defined in
K.S.A. 39-923, and amendments thereto.
(pp) "Medical care facility" means the same as defined in K.S.A. 65-
425, and amendments thereto, and also includes psychiatric hospitals and
psychiatric residential treatment facilities as defined by K.S.A. 39-2002,
and amendments thereto.
(qq) "Manufacture" means the production, preparation, propagation,
compounding, conversion or processing of a drug either directly or
indirectly by extraction from substances of natural origin, independently
by means of chemical or biological synthesis or by a combination of
extraction and chemical or biological synthesis or the packaging or
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repackaging of the drug or labeling or relabeling of its container, except
that this term does not include the preparation or compounding of a drug
by an individual for the individual's own use or the preparation,
compounding, packaging or labeling of a drug by:
(1) A practitioner or a practitioner's authorized agent incident to such
practitioner's administering or dispensing of a drug in the course of the
practitioner's professional practice;
(2) a practitioner, by a practitioner's authorized agent or under a
practitioner's supervision for the purpose of, or as an incident to, research,
teaching or chemical analysis and not for sale; or
(3) a pharmacist or the pharmacist's authorized agent acting under the
direct supervision of the pharmacist for the purpose of, or incident to, the
dispensing of a drug by the pharmacist.
(rr) "Manufacturer" means:
(1) A person that holds an application approved under section 505 of
the federal food, drug and cosmetic act or a license issued under section
351 of the federal public health service act for such drug or, if such drug is
not the subject of an approved application or license, the person who
manufactured the drug;
(2) a co-licensed partner of the person described in paragraph (1) that
obtains the drug directly from a person described in paragraph (1) or (3);
or
(3) an affiliate of a person described in paragraph (1) or (2) that
receives the product directly from a person described in paragraph (1) or
(2).
(ss) "Medication order" means a written or oral order by a prescriber
or the prescriber's authorized agent for administration of a drug or device
to a patient in a Kansas licensed medical care facility or in a Kansas
licensed nursing facility or nursing facility for mental health, as such terms
are defined by K.S.A. 39-923, and amendments thereto.
(tt) "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.S.A. 65-1131, and amendments thereto, who has
authority to prescribe drugs under K.S.A. 65-1130, and amendments
thereto, or a physician assistant licensed pursuant to the physician assistant
licensure act who has authority to prescribe drugs pursuant to a written
agreement with a supervising physician under K.S.A. 65-28a08, and
amendments thereto.
(uu) "Nonresident pharmacy" means a pharmacy located outside of
Kansas.
(vv) "Outsourcing facility" means a facility at one geographic
location or address that is engaged in the compounding of sterile drugs and
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has registered with the FDA as an outsourcing facility pursuant to 21
U.S.C. § 353b.
(ww) "Person" means individual, corporation, government,
governmental subdivision or agency, partnership, association or any other
legal entity.
(xx) "Pharmacist" means any natural person licensed under this act to
practice pharmacy.
(yy) "Pharmacist-in-charge" means the pharmacist who is responsible
to the board for a registered establishment's compliance with the laws and
regulations of this state pertaining to the practice of pharmacy,
manufacturing of drugs and the distribution of drugs. The pharmacist-in-
charge shall supervise such establishment on a full-time or a part-time
basis and perform such other duties relating to supervision of a registered
establishment as may be prescribed by the board by rules and regulations.
Nothing in this definition shall relieve other pharmacists or persons from
their responsibility to comply with state and federal laws and regulations.
(zz) "Pharmacist intern" or "intern" means:
(1) A student currently enrolled in and in good standing with an
accredited pharmacy program;
(2) a graduate of an accredited pharmacy program serving an
internship; or
(3) a graduate of a pharmacy program located outside of the United
States that is not accredited and who has successfully passed equivalency
examinations approved by the board.
(aaa) "Pharmacy," "drugstore" or "apothecary" means premises,
laboratory, area or other place, including any electronic medium:
(1) Where drugs are offered for sale where the profession of
pharmacy is practiced and where prescriptions are compounded and
dispensed;
(2) that has displayed upon it or within it the words "pharmacist,"
"pharmaceutical chemist," "pharmacy," "apothecary," "drugstore,"
"druggist," "drugs," "drug sundries" or any of these words or combinations
of these words or words of similar import in any language or on any sign
containing any of these words as used in the context of health, medical or
pharmaceutical care or services; or
(3) where the characteristic symbols of pharmacy or the characteristic
prescription sign "Rx" may be exhibited in the context of health, medical
or pharmaceutical care or services. As used in this subsection, premises
refers only to the portion of any building or structure leased, used or
controlled by the licensee in the conduct of the business registered by the
board at the address for which the registration was issued.
(bbb) "Pharmacy prescription application" means software that is
used to process prescription information and is either installed on a
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pharmacy's computers or servers and is controlled by the pharmacy or is
maintained on the servers of an entity that sells electronic pharmacy
prescription applications as a hosted service where the entity controls
access to the application and maintains the software and records on its
server.
(ccc) "Pharmacy technician" means an individual who, under the
direct supervision and control of a pharmacist, may perform packaging,
manipulative, repetitive or other nondiscretionary tasks related to the
processing of a prescription or medication order and who assists the
pharmacist in the performance of pharmacy-related duties, but who does
not perform duties restricted to a pharmacist.
(ddd) "Practitioner" means a person licensed to practice medicine and
surgery, dentist, podiatrist, veterinarian, optometrist , naturopathic doctor
or scientific investigator or other person authorized by law to use a
prescription-only drug in teaching or chemical analysis or to conduct
research with respect to a prescription-only drug.
(eee) "Preceptor" means a licensed pharmacist who possesses at least
two years' experience as a pharmacist and who supervises and is
responsible for the actions of pharmacist interns obtaining pharmaceutical
experience.
(fff) "Prescriber" means a practitioner or a mid-level practitioner.
(ggg) "Prescription" or "prescription order" means the front and back
of a lawful written, electronic or facsimile order from a prescriber or an
oral order from a prescriber or the prescriber's authorized agent that
communicates the prescriber's instructions for a prescription drug or
device to be dispensed.
(hhh) "Prescription medication" means any drug, including label and
container according to context, that is dispensed pursuant to a prescription
order.
(iii) "Prescription-only drug" means any drug whether intended for
use by human or animal, required by federal or state law, including 21
U.S.C. § 353, to be dispensed only pursuant to a written or oral
prescription or order of a practitioner or is restricted to use by practitioners
only.
(jjj) "Probation" means the practice or operation under a temporary
license, registration or permit or a conditional license, registration or
permit of a business or profession for which a license, registration or
permit is granted by the board under the provisions of the pharmacy act of
the state of Kansas requiring certain actions to be accomplished or certain
actions not to occur before a regular license, registration or permit is
issued.
(lll) "Product" means the same as defined by part H of the federal
drug supply chain security act, 21 U.S.C. § 351 et seq. and 21 U.S.C. §
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360eee.
(mmm) "Professional incompetency" means:
(1) One or more instances involving failure to adhere to the
applicable standard of pharmaceutical care to a degree that constitutes
gross negligence, as determined by the board;
(2) repeated instances involving failure to adhere to the applicable
standard of pharmaceutical care to a degree that constitutes ordinary
negligence, as determined by the board; or
(3) a pattern of pharmacy practice or other behavior that demonstrates
a manifest incapacity or incompetence to practice pharmacy.
(nnn) "Readily retrievable" or "readily available" means that records
kept in hard copy or by automatic data processing applications or other
electronic or mechanized record-keeping systems can be separated out
from all other records quickly and easily during an inspection or
investigation, or within a reasonable time not to exceed 48 hours of a
written request from the board or other authorized agent.
(ooo) "Repackage" means changing the container, wrapper, quantity
or label of a drug to further the distribution of the drug.
(ppp) "Repackager" means a person who owns or operates a facility
that repackages.
(qqq) "Retail dealer" means a person selling at retail nonprescription
drugs that are prepackaged, fully prepared by the manufacturer or
distributor for use by the consumer and labeled in accordance with the
requirements of the state and federal food, drug and cosmetic acts. Such
nonprescription drugs shall not include: (1) A controlled substance; (2) a
prescription-only drug; or (3) a drug intended for human use by
hypodermic injection.
(rrr) "Reverse distributor" means a person who owns or operates an
establishment that disposes of or otherwise processes saleable or
nonsaleable products received from an authorized trading partner such that
the product may be processed for credit to the purchaser, manufacturer or
seller or disposed of for no further distribution.
(sss) "Secretary" means the executive secretary of the board.
(ttt) "Third-party logistics provider" means an entity that provides or
coordinates warehousing or other logistic services of a product in interstate
commerce on behalf of a manufacturer, wholesale distributor or dispenser,
but does not take ownership of the product or have responsibility to direct
the sale or disposition of the product.
(uuu) "Trading partner" means:
(1) A manufacturer, repackager, wholesale distributor or dispenser
from whom a manufacturer, repackager, wholesale distributor or dispenser
accepts direct ownership of a product or to whom a manufacturer,
repackager, wholesale distributor or dispenser transfers direct ownership of
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a product; or
(2) a third-party logistics provider from whom a manufacturer,
repackager, wholesale distributor or dispenser accepts direct possession of
a product or to whom a manufacturer, repackager, wholesale distributor or
dispenser transfers direct possession of a product.
(vvv) "Transaction" means the transfer of product between persons in
which a change of ownership occurs.
(www) "Unprofessional conduct" means:
(1) Fraud in securing a registration or permit;
(2) intentional adulteration or mislabeling of any drug, medicine,
chemical or poison;
(3) causing any drug, medicine, chemical or poison to be adulterated
or mislabeled, knowing the same to be adulterated or mislabeled;
(4) intentionally falsifying or altering records or prescriptions;
(5) unlawful possession of drugs and unlawful diversion of drugs to
others;
(6) willful betrayal of confidential information under K.S.A. 65-1654,
and amendments thereto;
(7) conduct likely to deceive, defraud or harm the public;
(8) making a false or misleading statement regarding the licensee's
professional practice or the efficacy or value of a drug;
(9) commission of any act of sexual abuse, misconduct or
exploitation related to the licensee's professional practice; or
(10) performing unnecessary tests, examinations or services that have
no legitimate pharmaceutical purpose.
(xxx) "Vaccination protocol" means a written protocol, agreed to and
signed by a pharmacist and a person licensed to practice medicine and
surgery by the state board of healing arts, that establishes procedures and
recordkeeping and reporting requirements for administering a vaccine by
the pharmacist for a period of time specified therein, not to exceed two
years.
(yyy) "Valid prescription order" means a prescription that is issued
for a legitimate medical purpose by an individual prescriber licensed by
law to administer and prescribe drugs and acting in the usual course of
such prescriber's professional practice. A prescription issued solely on the
basis of an internet-based questionnaire or consultation without an
appropriate prescriber-patient relationship is not a valid prescription order.
(zzz) "Veterinary medical teaching hospital pharmacy" means any
location where prescription-only drugs are stored as part of an accredited
college of veterinary medicine and from which prescription-only drugs are
distributed for use in treatment of or administration to a nonhuman.
(aaaa) "Virtual manufacturer" means an entity that engages in the
manufacture of a drug or device for which it:
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(1) Owns the new drug application or abbreviated new drug
application number, if a prescription drug;
(2) owns the unique device identification number, as available, for a
prescription device;
(3) contracts with a contract manufacturing organization for the
physical manufacture of the drug or device;
(4) is not involved in the physical manufacture of the drug or device;
and
(5) does not store or take physical possession of the drug or device.
(bbbb) "Virtual wholesale distributor" means a wholesale distributor
that sells, brokers or transfers a drug or device but never physically
possesses the product.
(cccc) "Wholesale distributor" means any person engaged in
wholesale distribution or reverse distribution of drugs or devices, other
than a manufacturer, co-licensed partner or third-party logistics provider.
(dddd) "Wholesale distribution" means the distribution or receipt of
drugs or devices to or by persons other than consumers or patients, in
which a change of ownership occurs. "Wholesale distribution" does not
include:
(1) The dispensing of a drug or device pursuant to a prescription;
(2) the distribution of a drug or device or an offer to distribute a drug
or device for emergency medical reasons, including a public health
emergency declaration pursuant to section 319 of the public health service
act, except that, for purposes of this paragraph, a drug or device shortage
not caused by a public health emergency shall not constitute an emergency
medical reason;
(3) intracompany distribution;
(4) the distribution of a drug or device, or an offer to distribute a drug
or device, among hospitals or other healthcare entities under common
control;
(5) the distribution of a drug or device, or the offer to distribute a
drug or device, by a charitable organization described in section 501(c)(3)
of the internal revenue code of 1986 to a nonprofit affiliate of the
organization to the extent otherwise permitted by law;
(6) the distribution of an intravenous drug used to maintain the
equilibrium of water and minerals in the body, such as dialysis solutions;
or
(7) the sale or transfer from a retail pharmacy of expired, damaged,
returned or recalled prescription drugs to the original manufacturer,
originating wholesale distributor or to a reverse distributor registered in
accordance with the board's rules and regulations.
Sec. 7. K.S.A. 2022 Supp. 65-4101 is hereby amended to read as
follows: 65-4101. As used in this act:
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(a) "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.
(b) "Agent" means an authorized person who acts on behalf of or at
the direction of a manufacturer, distributor or dispenser. It does not include
a common carrier, public warehouseman or employee of the carrier or
warehouseman.
(c) "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.
(d) "Board" means the state board of pharmacy.
(e) "Bureau" means the bureau of narcotics and dangerous drugs,
United States department of justice, or its successor agency.
(f) "Controlled substance" means any drug, substance or immediate
precursor included in any of the schedules designated in K.S.A. 65-4105,
65-4107, 65-4109, 65-4111 and 65-4113, and amendments thereto.
(g) (1) "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.S.A. 65-4105 or 65-4107, and amendments
thereto;
(B) the substance has a stimulant, depressant or hallucinogenic effect
on the central nervous system substantially similar to the stimulant,
depressant or hallucinogenic effect on the central nervous system of a
controlled substance included in the schedules designated in K.S.A. 65-
4105 or 65-4107, and amendments thereto; or
(C) with respect to a particular individual, such individual represents
or intends the substance to have a stimulant, depressant or hallucinogenic
effect on the central nervous system substantially similar to the stimulant,
depressant or hallucinogenic effect on the central nervous system of a
controlled substance included in the schedules designated in K.S.A. 65-
4105 or 65-4107, and amendments thereto.
(2) "Controlled substance analog" does not include:
(A) A controlled substance;
(B) a substance for which there is an approved new drug application;
or
(C) a substance with respect to which an exemption is in effect for
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investigational use by a particular person under section 505 of the federal
food, drug and cosmetic act, 21 U.S.C. § 355, to the extent conduct with
respect to the substance is permitted by the exemption.
(h) "Counterfeit substance" means a controlled substance that, 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.
(i) "Cultivate" means the planting or promotion of growth of five or
more plants that contain or can produce controlled substances.
(j) "DEA" means the U.S. United States department of justice, drug
enforcement administration.
(k) "Deliver" or "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.
(l) "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.
(m) "Dispenser" means a practitioner or pharmacist who dispenses, or
a physician assistant who has authority to dispense prescription-only drugs
in accordance with K.S.A. 65-28a08(b), and amendments thereto.
(n) "Distribute" means to deliver other than by administering or
dispensing a controlled substance.
(o) "Distributor" means a person who distributes.
(p) (1) "Drug" means substances:
(A) 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;
(B) substances intended for use in the diagnosis, cure, mitigation,
treatment or prevention of disease in human or animals;
(C) substances (other than food) intended to affect the structure or
any function of the body of human or animals; and
(D) substances intended for use as a component of any article
specified in subparagraph (A), (B) or (C).
(2) "Drug" does not include devices or their components, parts or
accessories.
(q) "Immediate precursor" means a substance that 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 that 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
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prevent, curtail or limit manufacture.
(r) "Electronic prescription" means an electronically prepared
prescription that is authorized and transmitted from the prescriber to the
pharmacy by means of electronic transmission.
(s) "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.
(t) "Electronic signature" means a confidential personalized digital
key, code, number or other method for secure electronic data transmissions
that 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.
(u) "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.
(v) "Electronically prepared prescription" means a prescription that is
generated using an electronic prescription application.
(w) "Facsimile transmission" or "fax transmission" means the
transmission of a digital image of a prescription from the prescriber or the
prescriber's agent to the pharmacy. "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.
(x) "Intermediary" means any technology system that receives and
transmits an electronic prescription between the prescriber and the
pharmacy.
(y) "Isomer" means all enantiomers and diastereomers.
(z) "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:
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(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.
(aa) "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. It does not include:
(1) The mature stalks of the plant, fiber produced from the stalks, oil
or cake made from the seeds of the plant, any other compound,
manufacture, salt, derivative, mixture or preparation of the mature stalks,
except the resin extracted therefrom, fiber, oil or cake or the sterilized seed
of the plant that is incapable of germination;
(2) any substance listed in schedules II through V of the uniform
controlled substances act;
(3) drug products approved by the United States food and drug
administration as of the effective date of this act;
(4) cannabidiol (other trade name: 2-[(3-methyl-6-(1-methylethenyl)-
2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol); or
(5) industrial hemp as defined in K.S.A. 2-3901, and amendments
thereto, when cultivated, produced, possessed or used for activities
authorized by the commercial industrial hemp act.
(bb) "Medical care facility" shall have the meaning ascribed to that
term means the same as defined in K.S.A. 65-425, and amendments
thereto.
(cc) "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.S.A. 65-1131, and amendments thereto, who has
authority to prescribe drugs pursuant to a written protocol with a
responsible physician under K.S.A. 65-1130, and amendments thereto, or a
physician assistant licensed under the physician assistant licensure act who
has authority to prescribe drugs pursuant to a written agreement with a
supervising physician under K.S.A. 65-28a08, and amendments thereto.
(dd) "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
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preparation of opium or opiate;
(2) any salt, compound, isomer, derivative or preparation thereof that
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; or
(4) coca leaves and any salt, compound, derivative or preparation of
coca leaves, and any salt, compound, isomer, derivative or preparation
thereof that is chemically equivalent or identical with any of these
substances, but not including decocainized coca leaves or extractions of
coca leaves that do not contain cocaine or ecgonine.
(ee) "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. It does not include, unless specifically designated as controlled
under K.S.A. 65-4102, and amendments thereto, the dextrorotatory isomer
of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does
include its racemic and levorotatory forms.
(ff) "Opium poppy" means the plant of the species Papaver
somniferum l. except its seeds.
(gg) "Person" means an individual, corporation, government, or
governmental subdivision or agency, business trust, estate, trust,
partnership or association or any other legal entity.
(hh) "Pharmacist" means any natural person licensed under K.S.A.
65-1625 et seq., and amendments thereto, to practice pharmacy.
(ii) "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 that is not accredited and who
had successfully passed equivalency examinations approved by the board.
(jj) "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.
(kk) "Poppy straw" means all parts, except the seeds, of the opium
poppy, after mowing.
(ll) "Practitioner" means a person licensed to practice medicine and
surgery, dentist, podiatrist, veterinarian, optometrist, naturopathic doctor
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.
(mm) "Prescriber" means a practitioner or a mid-level practitioner.
(nn) "Production" includes the manufacture, planting, cultivation,
growing or harvesting of a controlled substance.
(oo) "Readily retrievable" means that records kept by automatic data
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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.
(pp) "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.
Sec. 8. K.S.A. 2025 Supp. 65-4101 is hereby amended to read as
follows: 65-4101. As used in this act:
(a) "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.
(b) "Agent" means an authorized person who acts on behalf of or
at the direction of a manufacturer, distributor or dispenser. "Agent"
does not include a common carrier, public warehouseman or employee
of the carrier or warehouseman.
(c) "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.
(d) "Board" means the state board of pharmacy.
(e) "Bureau" means the bureau of narcotics and dangerous
drugs, United States department of justice, or its successor agency.
(f) "Controlled substance" means any drug, substance or
immediate precursor included in any of the schedules designated in
K.S.A. 65-4105, 65-4107, 65-4109, 65-4111 and 65-4113, and
amendments thereto.
(g) (1) "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.S.A. 65-4105 or 65-4107, and
amendments thereto;
(B) the substance has a stimulant, depressant or hallucinogenic
effect on the central nervous system substantially similar to the
stimulant, depressant or hallucinogenic effect on the central nervous
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system of a controlled substance included in the schedules designated
in K.S.A. 65-4105 or 65-4107, and amendments thereto; or
(C) with respect to a particular individual, such individual
represents or intends the substance to have a stimulant, depressant or
hallucinogenic effect on the central nervous system substantially
similar to the stimulant, depressant or hallucinogenic effect on the
central nervous system of a controlled substance included in the
schedules designated in K.S.A. 65-4105 or 65-4107, and amendments
thereto.
(2) "Controlled substance analog" does not include:
(A) A controlled substance;
(B) a substance for which there is an approved new drug
application; or
(C) a substance with respect to which an exemption is in effect for
investigational use by a particular person under section 505 of the
federal food, drug and cosmetic act, 21 U.S.C. § 355, to the extent
conduct with respect to the substance is permitted by the exemption.
(h) "Counterfeit substance" means a controlled substance that, 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.
(i) "Cultivate" means the planting or promotion of growth of five
or more plants that contain or can produce controlled substances.
(j) "DEA" means the U.S. United States department of justice,
drug enforcement administration.
(k) "Deliver" or "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.
(l) "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.
(m) {(1)} "Dispenser" means a practitioner or pharmacist who
dispenses, or a physician assistant who has authority to dispense
prescription-only drugs in accordance with K.S.A. 65-28a08(b), and
amendments thereto.
({2) "Dispenser" does not mean a naturopathic doctor.}
(n) "Distribute" means to deliver other than by administering or
dispensing a controlled substance.
(o) "Distributor" means a person who distributes.
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(p) (1) "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).
(2) "Drug" does not include devices or their components, parts or
accessories.
(q) "Immediate precursor" means a substance that 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 that 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.
(r) "Electronic prescription" means an electronically prepared
prescription that is authorized and transmitted from the prescriber to
the pharmacy by means of electronic transmission.
(s) "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.
(t) "Electronic signature" means a confidential personalized
digital key, code, number or other method for secure electronic data
transmissions that 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.
(u) "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.
(v) "Electronically prepared prescription" means a prescription
that is generated using an electronic prescription application.
(w) "Facsimile transmission" or "fax transmission" means the
transmission of a digital image of a prescription from the prescriber
or the prescriber's agent to the pharmacy. "Facsimile transmission"
includes, but is not limited to, transmission of a written prescription
between the prescriber's fax machine and the pharmacy's fax
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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.
(x) "Intermediary" means any technology system that receives
and transmits an electronic prescription between the prescriber and
the pharmacy.
(y) "Isomer" means all enantiomers and diastereomers.
(z) "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.
(aa) "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. It does not include:
(1) The mature stalks of the plant, fiber produced from the stalks,
oil or cake made from the seeds of the plant, any other compound,
manufacture, salt, derivative, mixture or preparation of the mature
stalks, except the resin extracted therefrom, fiber, oil or cake or the
sterilized seed of the plant that is incapable of germination;
(2) any substance listed in schedules II through V of the uniform
controlled substances act;
(3) drug products approved by the United States food and drug
administration as of the effective date of this act;
(4) cannabidiol (other trade name: 2-[(3-methyl-6-(1-
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methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol); or
(5) industrial hemp as defined in K.S.A. 2-3901, and amendments
thereto, when cultivated, produced, possessed or used for activities
authorized by the commercial industrial hemp act.
(bb) "Medical care facility" shall have the meaning ascribed to that
term means the same as defined in K.S.A. 65-425, and amendments
thereto.
(cc) "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.S.A. 65-1131, and
amendments thereto, who has authority to prescribe drugs under
K.S.A. 65-1130, and amendments thereto, or a physician assistant
licensed under the physician assistant licensure act who has authority
to prescribe drugs pursuant to a written agreement with a supervising
physician under K.S.A. 65-28a08, and amendments thereto.
(dd) "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
that 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 that is chemically equivalent or identical with any
of these substances, but not including decocainized coca leaves or
extractions of coca leaves that do not contain cocaine or ecgonine.
(ee) "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. It does not include, unless specifically designated
as controlled under K.S.A. 65-4102, and amendments thereto, the
dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts
(dextromethorphan). It does include its racemic and levorotatory
forms.
(ff) "Opium poppy" means the plant of the species Papaver
somniferum l. except its seeds.
(gg) "Person" means an individual, corporation, government, or
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HB 2366—Am. by HCW 30
governmental subdivision or agency, business trust, estate, trust,
partnership or association or any other legal entity.
(hh) "Pharmacist" means any natural person licensed under
K.S.A. 65-1625 et seq., and amendments thereto, to practice
pharmacy.
(ii) "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
that is not accredited and who had successfully passed equivalency
examinations approved by the board.
(jj) "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.
(kk) "Poppy straw" means all parts, except the seeds, of the
opium poppy, after mowing.
(ll) "Practitioner" means a person licensed to practice medicine
and surgery, dentist, podiatrist, veterinarian, optometrist, naturopathic
doctor 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.
(mm) "Prescriber" means a practitioner or a mid-level
practitioner.
(nn) "Production" includes the manufacture, planting,
cultivation, growing or harvesting of a controlled substance.
(oo) "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.
(pp) "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.
Sec. 8. 9. K.S.A. 65-7201 is hereby amended to read as follows: 65-
7201. K.S.A. 65-7201 to through 65-7218, inclusive and amendments
thereto, and sections 1 through 5, and amendments thereto, shall be known
and may be cited as the naturopathic doctor licensure act.
Sec. 9. 10. K.S.A. 2022 2025 Supp. 65-7202 is hereby amended to
read as follows: 65-7202. As used in K.S.A. 65-7201 through 65-7218, and
amendments thereto the naturopathic doctor licensure act:
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HB 2366—Am. by HCW 31
(a) "Naturopathic doctor" means a doctor of naturopathic medicine
who is authorized and licensed pursuant to this act.
(b) (1) "Naturopathic medicine," or "naturopathy" means a system of
health care practiced by naturopathic doctors for the prevention, diagnosis
and treatment of human health conditions, injuries and diseases, that uses
education, natural medicines and therapies to support and stimulate the
individual's intrinsic self-healing processes , and includes: (A) Prescribing,
recommending or administering: (i) Food, food extracts, vitamins,
minerals, enzymes, whole gland thyroid, botanicals, homeopathic
preparations, nonprescription drugs, plant substances that are not
designated as prescription drugs or controlled substances, topical drugs as
defined in subsection (i); (ii) health care counseling, nutritional counseling
and dietary therapy, naturopathic physical applications, barrier
contraceptive devices; (iii) substances on the naturopathic formulary that
are authorized for intramuscular or intravenous administration pursuant to
a written protocol entered into with a physician who has entered into a
written protocol with a naturopathic doctor licensed under the naturopathic
doctor licensure act; (iv) noninvasive physical examinations, venipuncture
to obtain blood for clinical laboratory tests and orofacial examinations,
excluding endoscopies; (v) minor office procedures; and (vi) naturopathic
acupuncture; and (B) ordering diagnostic imaging studies, including, but
not limited to, x-ray, ultrasound, mammogram, bone densitometry,
computed tomography, magnetic resonance imaging and
electrocardiograms, except that naturopathic doctors shall refer patients to
an appropriately licensed and qualified healthcare professional to conduct
diagnostic imaging studies and interpret the results of such studies.
(2) A naturopathic doctor may not perform surgery, obstetrics,
administer ionizing radiation, or prescribe, dispense or administer any
controlled substances as defined in K.S.A. 65-4101, and amendments
thereto, or any prescription-only drugs except those listed on the
naturopathic formulary adopted by the board pursuant to this act.
(c) "Board" means the state board of healing arts.
(d) "Approved naturopathic medical college" means a college and
program granting the degree of doctor of naturopathy or naturopathic
medicine that has been approved by the board under this act and which
college and program requires at a minimum a graduate-level, four-year,
full-time resident program of academic and clinical study.
(e) "Homeopathic preparations" means substances and drugs prepared
according to the official homeopathic pharmacopoeia recognized by the
United States food and drug administration.
(f) "Naturopathic acupuncture" means the insertion of fine metal
needles through the skin at specific points on or near the surface of the
body with or without the palpation of specific points on the body and with
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HB 2366—Am. by HCW 32
or without the application of electric current or heat to the needles or skin
or both to treat human disease and impairment and to relieve pain.
(g) "Minor office procedures" means the provision of care incidental
to and for the treatment of superficial tissue, superficial lacerations and,
abrasions, superficial and, lesions and, and the removal of foreign bodies
located in the superficial tissues, except eyes, and not involving blood
vessels, tendons, ligaments or nerves excluding the eyes and not
involving the eyes, nerves, veins or , arteries extending , tendons or
ligaments beyond the superficial tissue layer. "Minor office procedures"
includes Such procedures may include the use of antiseptics, but shall
not include the topical anesthesia and local anesthesia superficial
punctures to stimulate healing , but does shall not include the suturing,
repairing invasive repair , alteration or removal of tissue excision,
surgical intervention or the use administration of general or spinal
anesthesia. Minor office procedures does not include anesthetics or
surgery.
(h) "Naturopathic physical applications" means the therapeutic use by
naturopathic doctors of the actions or devices of electrical muscle
stimulation, galvanic, diathermy, electromagnetic energy, ultrasound,
ultraviolet light, constitutional heat, air, hot or cold hydrotherapy,
naturopathic musculoskeletal technique and , therapeutic exercise and
treatments taught in any approved naturopathic medical college that are
not otherwise prohibited by this act.
(i) "Topical drugs" means topical analgesics, antiseptics, scabicides,
antifungals and antibacterials but does not include prescription only drugs.
(j) "Physician" means a person licensed to practice medicine and
surgery.
(k) "Written protocol" means a formal written agreement between a
naturopathic doctor licensed under this act and a person licensed to
practice medicine and surgery. Any licensee of the board entering into a
written protocol with a licensed naturopathic doctor shall notify the board
in writing of such relationship by providing such information as the board
may require.
(i) "Physician" means a person licensed to practice medicine and
surgery.
(j) "Nutraceuticals" means dietary supplements, including, but
not limited to, plants, animals, microbes or their isolates, extracts,
metabolites, concentrated forms of vitamins, minerals, amino acids,
enzymes, fatty acids, probiotics, prebiotics, herbs, botanicals,
phytochemicals or other bioactive food-derived compound as defined
under the federal dietary supplement health and education act of
1994, that are intended to supplement the diet and provide health
benefits beyond basic nutrition.
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(k) "Proliferative therapy," also known as "prolotherapy," means
a non-surgical therapeutic procedure involving the injection of a
proliferant solution or irritant substance and local anesthesia into
connective tissues to stimulate the body's natural healing processes.
Sec. 10. 11. K.S.A. 65-7207 is hereby amended to read as follows:
65-7207. (a) The board shall charge and collect in advance fees provided
for in this act as fixed by the board by rules and regulations, subject to the
following limitations:
Application fee, not more than.............................................................. $200
Temporary license fee, not more than..................................................... $30
License renewal fee, not more than....................................................... $150
License late renewal additional fee, not more than............................... $250
License reinstatement fee, not more than.............................................. $250
Certified copy of license, not more than................................................. $30
Written verification of license, not more than......................................... $25
(b) The board shall charge and collect in advance fees for any
examination administered by the board under the naturopathic doctor
licensure act as fixed by the board by rules and regulations in an amount
equal to the cost to the board of the examination. If the examination is not
administered by the board, the board may require that fees paid for any
examination under the naturopathic doctor licensure act be paid directly to
the examination service by the person taking the examination.
Sec. 11. 12. K.S.A. 65-7208 is hereby amended to read as follows:
65-7208. (a) The board may deny, refuse to renew, suspend, revoke , place
under probationary conditions or limit a licensee's license or the licensee
may be publicly or privately censured where the licensee or applicant for
licensure has been guilty of unprofessional conduct which has endangered
or is likely to endanger the health, welfare or safety of the public.
Unprofessional conduct includes upon a finding that a licensee has:
(1) Obtaining Obtained a license by means of fraud,
misrepresentation or concealment of material facts;
(2) being guilty committed an act of unprofessional conduct as
defined by rules and regulations adopted by the board;
(3) being been convicted of a felony if the acts for which such
person was convicted are found by the board to have a direct bearing on
whether such person should be entrusted to serve the public in the capacity
of a naturopathic doctor;
(4) violating violated any lawful order or rule and regulation of the
board; and
(5) violating violated any provision of this the naturopathic doctor
licensure act;
(6) an adverse judgment, award or settlement rendered against the
licensee resulting from a professional liability claim related to acts or
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conduct similar to acts or conduct that would constitute grounds for
disciplinary action under this section;
(7) failed to report to the board any adverse action taken against the
licensee by another state or licensing jurisdiction, a healthcare facility, a
professional association or society, a governmental agency, a law
enforcement agency or a court for acts or conduct similar to acts or
conduct that would constitute grounds for disciplinary action under this
section;
(8) prescribed or administered a prescription drug or substance,
including a controlled substance, in an improper or inappropriate manner,
or for other than a valid medical purpose, or not in the course of the
licensee's professional practice; and
(9) given a worthless check or stopped payment on a debit or credit
card for fees or moneys legally due to the board.
(b) Such denial, refusal to renew, suspension, revocation , probation
or limitation of a license or public or private censure of a licensee may be
ordered by the board after notice and hearing on the matter in accordance
with the provisions of the Kansas administrative procedure act. Upon the
end of the period of time established by the board for the revocation of a
license, application may be made to the board for reinstatement. The board
shall have discretion to accept or reject an application for reinstatement
and may hold a hearing to consider such reinstatement. An application for
reinstatement of a revoked license shall be accompanied by the license
renewal fee and the license reinstatement fee established under K.S.A. 65-
7207, and amendments thereto.
(c) The board, in addition to any other penalty prescribed in
subsection (a), may assess a civil fine, after proper notice and an
opportunity to be heard, against a licensee for unprofessional conduct in an
amount not to exceed $5,000 for the first violation, $10,000 for the second
violation and $15,000 for the third violation and for each subsequent
violation. All fines assessed and collected under this section shall be
remitted to the state treasurer in accordance with the provisions of K.S.A.
75-4215, and amendments thereto. Upon receipt of each such remittance,
the state treasurer shall deposit the entire amount in the state treasury to
the credit of the state general fund. Fines collected under this section shall
be considered administrative fines pursuant to 11 U.S.C. § 523.
Sec. 12. 13. K.S.A. 65-7209 is hereby amended to read as follows:
65-7209. (a) Licenses issued under this act shall expire on the date of
expiration established by rules and regulations of the board be canceled on
January 31 of each year unless renewed in the manner prescribed by the
board. The request for renewal shall be accompanied by the license
renewal fee established pursuant to K.S.A. 65-7207, and amendments
thereto. The board may establish additional requirements for license
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renewal which that provide evidence of continued competency. The board
shall require as a condition for renewal of a license completion of at least
25 hours annually of continuing education approved by the board.
(b) At least 30 days before the expiration renewal date of a licensee's
license, the board shall notify the licensee of the expiration renewal date
by mail addressed to the licensee's last mailing address as noted upon the
office records. If the licensee fails to submit the renewal application and
pay the renewal fee by the date of expiration renewal date , the licensee
shall be given a second notice that the license has expired and the license
may be renewed only if the license licensee has failed to submit the
renewal application and pay the renewal fee by the renewal date of the
license and that the license will be canceled if not renewed within 30 days
following the renewal date. The notice shall also state that if the renewal
application, the renewal fee and the an additional late renewal fee
established by rules and regulations are received by the board within the
thirty-day 30-day period following the date of expiration cancellation, the
license will not be canceled and that, if both fees are not received within
the thirty-day 30-day period, the license shall be deemed canceled by
operation of law without further proceedings for failure to renew and shall
be reissued only after the license has been reinstated under subsection (c).
(c) Any license canceled for failure to renew as herein provided in
this section may be reinstated upon recommendation of the board and
upon, payment of the license reinstatement fee and upon submitting
evidence of satisfactory completion of any applicable continuing education
requirements established by the board. The board shall adopt rules and
regulations establishing appropriate continuing education requirements for
reinstatement of licenses canceled for failure to renew.
(d) A person whose license is suspended shall not engage in any
conduct or activity in violation of the order or judgment by which the
license was suspended.
Sec. 13. 14. K.S.A. 65-7214 is hereby amended to read as follows:
65-7214. (a) There is established a naturopathic advisory council to advise
the board in carrying out the provisions of this act. The council shall
consist of five members, all citizens and residents of the state of Kansas
appointed as follows: Three members shall be naturopathic doctors
appointed by the state board of healing arts; one member shall be the
president of the state board of healing arts or a person designated by the
president; and one member appointed by the governor shall be from the
public sector who is not engaged, directly or indirectly, in the provision of
health services. Insofar as possible persons appointed to the council shall
be from different geographic areas. If a vacancy occurs on the council, the
appointing authority of the position which that has become vacant shall
appoint a person of like qualifications to fill the vacant position for the
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unexpired term, if any. The members of the council appointed by the
governor shall be appointed for terms of three years and until a successor
is appointed. The members appointed by the state board of healing arts
shall serve at the pleasure of the state board of healing arts. If a member is
designated by the president of the state board of healing arts, the member
shall serve at the pleasure of the president.
(b) Members of the council attending meetings of the council, or
attending a subcommittee meeting thereof authorized by the council, shall
be paid amounts provided in subsection (e) of K.S.A. 75-3223 (e), and
amendments thereto, from the healing arts fee fund.
(c) During the 2003 regular session of the legislature the legislature
shall consider establishing an alternative health care board composed of
representatives as may be designated from existing health care regulatory
agencies, alternative health care providers and members of the general
public for purposes of advising the legislature on matters relating to
alternative health care, administering the naturopathic doctor registration
act and performing such other duties as may be established by law.
(d) The provisions of this section shall take effect on and after
January 1, 2003.
Sec. 15. K.S.A. 65-7217 is hereby amended to read as follows: 65-
7217. (a) Professional liability insurance coverage shall be maintained
in effect by each naturopathic doctor as a condition to rendering
professional service as a naturopathic doctor in this state. The board
shall fix by rules and regulations the minimum level of coverage for such
professional liability insurance.
(b) Before rendering professional services within the state, each
naturopathic doctor shall submit to the board evidence that such
naturopathic doctor is maintaining professional liability insurance
coverage, for which the limit of the insurer's liability is not less than
$1,000,000 per claim, subject to an annual aggregate of not less than
$3,000,000 for all claims made during the period of coverage.
(c) The board, prior to renewal of a license, shall require a licensee
to submit to the board satisfactory evidence that the licensee is
maintaining the professional liability insurance coverage as required by
this section.
Sec. 14. 16. K.S.A. 65-7201, 65-7207, 65-7208, 65-7209 and , 65-
7214 and 65-7217 and K.S.A. 2024 2025 Supp. 40-3401, 65-1626, 65-
4101 and 65-7202 and K.S.A. 2024 Supp. are hereby repealed.
Sec. 15. 17. This act shall take effect and be in force from and after
its publication in the statute book.
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