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As Amended by House Committee
Session of 2026
HOUSE BILL No. 2676
By Committee on Health and Human Services
Requested by Representative Buehler on behalf of Kansas pharmacists
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AN ACT concerning pharmacists and pharmacy; relating to a pharmacist's
scope of practice; permitting a pharmacist to initiate therapy for certain
conditions consistent with the pharmacist's education, training and
experience; adding pharmacists who initiate such therapy to the
healthcare stabilization fund; allowing for a 90-day emergency
supply of a noncontrolled prescription drug to be filled when no
refills remain; amending K.S.A. 40-3402 and K.S.A. 2025 Supp. 65-
1626a and 65-16,131 and repealing the existing section sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 40-3402 is hereby amended to read as follows:
40-3402. (a) Prior to January 1, 2022, a policy of professional liability
insurance approved by the commissioner and issued by an insurer
duly authorized to transact business in this state in which the limit of
the insurer's liability is not less than $200,000 per claim, subject to not
less than a $600,000 annual aggregate for all claims made during the
policy period, shall be maintained in effect by each resident healthcare
provider as a condition of active licensure or other statutory
authorization to render professional service as a healthcare provider
in this state, unless such healthcare provider is a self-insurer. For all
new policies and policies that renew on and after January 1, 2022, a
policy of professional liability insurance approved by the
commissioner and issued by an insurer duly authorized to transact
business in this state in which the limit of the insurer's liability is not
less than $500,000 per claim, subject to not less than a $1,500,000
annual aggregate for all claims made during the policy period, shall be
maintained by each resident healthcare provider as a condition of
active licensure or other statutory authorization to render professional
service as a healthcare provider in this state, unless such healthcare
provider is a self-insurer. This provision shall not apply to
optometrists and pharmacists , except as provided in subsection (f), on
and after July 1, 1991, to physical therapists on and after July 1, 1995,
or to health maintenance organizations on and after July 1, 1997. Such
policy shall provide as a minimum coverage for claims made during
the term of the policy that were incurred during the term of such
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policy or during the prior term of a similar policy. Any insurer
offering such policy of professional liability insurance to any
healthcare provider may offer to such healthcare provider a policy as
prescribed in this section with deductible options. Such deductible
shall be within such policy limits.
(1) Each insurer providing basic coverage shall, within 30 days
after the effective date of any policy issued in accordance with this
subsection, notify the board of governors that such coverage is or will
be in effect. Such notification shall be on a form approved by the
board of governors and shall include information identifying the
professional liability policy issued or to be issued, the name and
address of all healthcare providers covered by the policy, the amount
of the annual premium, the effective and expiration dates of the
coverage and such other information as the board of governors shall
require. A copy of the notice required by this subsection shall be
furnished to the named insured.
(2) In the event of termination of basic coverage by cancellation,
nonrenewal, expiration or otherwise by either the insurer or named
insured, notice of such termination shall be furnished by the insurer to
the board of governors, the state agency which licenses, registers or
certifies the named insured and the named insured. Such notice shall
be provided no less than 30 days prior to the effective date of any
termination initiated by the insurer or within 10 business days after
the date coverage is terminated at the request of the named insured
and shall include the name and address of the healthcare provider or
providers for whom basic coverage is terminated and the date basic
coverage will cease to be in effect. No basic coverage shall be
terminated by cancellation or failure to renew by the insurer unless
such insurer provides a notice of termination as required by this
subsection.
(3) Any professional liability insurance policy issued, delivered or
in effect in this state on and after July 1, 1976, shall contain or be
endorsed to provide basic coverage as required by subsection (a).
Notwithstanding any omitted or inconsistent language, any contract of
professional liability insurance shall be construed to obligate the
insurer to meet all the mandatory requirements and obligations of this
act. The liability of an insurer for claims made prior to July 1, 1984,
shall not exceed those limits of insurance provided by such policy
prior to July 1, 1984.
(b) A nonresident healthcare provider shall not be licensed to
actively render professional service as a healthcare provider in this
state unless such healthcare provider maintains continuous coverage
in effect as prescribed by subsection (a), except such coverage may be
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provided by a nonadmitted insurer who has filed the form required by
subsection (b)(1). This provision shall not apply to optometrists and
pharmacists on and after July 1, 1991, or to physical therapists on and
after July 1, 1995.
(1) Every insurance company authorized to transact business in
this state, that is authorized to issue professional liability insurance in
any jurisdiction, shall file with the commissioner, as a condition of its
continued transaction of business within this state, a form prescribed
by the commissioner declaring that its professional liability insurance
policies, wherever issued, shall be deemed to provide at least the
insurance required by this subsection when the insured is rendering
professional services as a nonresident healthcare provider in this state.
Any nonadmitted insurer may file such a form.
(2) Every nonresident healthcare provider that is required to
maintain basic coverage pursuant to this subsection shall pay the
surcharge levied by the board of governors pursuant to K.S.A. 40-
3404(a), and amendments thereto, directly to the board of governors
and shall furnish to the board of governors the information required
in subsection (a)(1).
(c) Every healthcare provider that is a self-insurer, the university
of Kansas medical center for persons engaged in residency training, as
described in K.S.A. 40-3401(r)(1), and amendments thereto, the
employers of persons engaged in residency training, as described in
K.S.A. 40-3401(r)(2), and amendments thereto, the private practice
corporations or foundations and their full-time physician faculty
employed by the university of Kansas medical center or a medical care
facility or mental health center for self-insurers under K.S.A. 40-
3414(e), and amendments thereto, shall pay the surcharge levied by
the board of governors pursuant to K.S.A. 40-3404(a), and
amendments thereto, directly to the board of governors and shall
furnish to the board of governors the information required in
subsections (a)(1) and (a)(2).
(d) In lieu of a claims made policy otherwise required under this
section, a person engaged in residency training who is providing
services as a healthcare provider but, while providing such services, is
not covered by the self-insurance provisions of K.S.A. 40-3414(d), and
amendments thereto, may obtain basic coverage under an occurrence
form policy, if such policy provides professional liability insurance
coverage and limits that are substantially the same as the professional
liability insurance coverage and limits required by K.S.A. 40-3402(a),
and amendments thereto. Where such occurrence form policy is in
effect, the provisions of the healthcare provider insurance availability
act referring to claims made policies shall be construed to mean
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occurrence form policies.
(e) In lieu of a claims made policy otherwise required under this
section, a nonresident healthcare provider employed pursuant to a
locum tenens contract to provide services in this state as a healthcare
provider may obtain basic coverage under an occurrence form policy,
if such policy provides professional liability insurance coverage and
limits that are substantially the same as the professional liability
insurance coverage and limits required by K.S.A. 40-3402, and
amendments thereto. Where such occurrence form policy is in effect,
the provisions of the healthcare provider insurance availability act
referring to claims made policies shall be construed to mean
occurrence form policies.
(f) (1) A pharmacist shall be subject to the professional liability
insurance requirements of subsection (a) if such pharmacist independently
initiates therapy pursuant to K.S.A. 2025 Supp. 65-16,131, and
amendments thereto.
(2) This subsection shall take effect on and after January 1, 2028.
Sec. 2. K.S.A. 2025 Supp. 65-1626a is hereby amended to read as
follows: 65-1626a. (a) For the purpose of the pharmacy act of the state
of Kansas, the following individuals shall be deemed to be engaged in
the practice of pharmacy:
(1) Individuals who publicly profess to be a pharmacist, or
publicly profess to assume the duties incident to being a pharmacist
and their knowledge of drugs or drug actions, or both; and
(2) individuals who attach to their name any words or
abbreviation indicating that they are a pharmacist licensed to practice
pharmacy in Kansas.
(b) As used in this section:
(1) "Practice of pharmacy" means:
(A) The interpretation and evaluation of prescription orders;
(B) the compounding, dispensing and labeling of drugs and
devices pursuant to prescription orders;
(C) the administering of vaccine pursuant to a vaccination
protocol;
(D) the participation in drug selection according to state law and
participation in drug utilization reviews;
(E) the proper and safe storage of prescription drugs and
prescription devices and the maintenance of proper records thereof in
accordance with law;
(F) consultation with patients and other health care practitioners
about the safe and effective use of prescription drugs and prescription
devices;
(G) performance of collaborative drug therapy management
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pursuant to a written collaborative practice agreement with one or
more physicians who have an established physician-patient
relationship;
(H) participation in the offering or performing of those acts,
services, operations or transactions necessary in the conduct,
operation, management and control of a pharmacy; and
(I) initiation of therapy for the conditions specified in K.S.A. 2025
Supp. 65-16,131, and amendments thereto; and
(J) dispensing a one-time emergency refill of a noncontrolled
prescription drug for up to a 90-day supply when no refills remain and, in
the pharmacists' professional judgment, continuation of therapy is
necessary to prevent interruption of care.
(2) "Collaborative drug therapy management" means a practice
of pharmacy where a pharmacist performs certain pharmaceutical-
related patient care functions for a specific patient which have been
delegated to the pharmacist by a physician through a collaborative
practice agreement. A physician who enters into a collaborative
practice agreement is responsible for the care of the patient following
initial diagnosis and assessment and for the direction and supervision
of the pharmacist throughout the collaborative drug therapy
management process. Nothing in this subsection shall be construed to
permit a pharmacist to alter a physician's orders or directions,
diagnose or treat any disease, independently prescribe drugs or
independently practice medicine and surgery.
(3) "Collaborative practice agreement" means a written
agreement or protocol between one or more pharmacists and one or
more physicians that provides for collaborative drug therapy
management. Such collaborative practice agreement shall contain
certain specified conditions or limitations pursuant to the
collaborating physician's order, standing order, delegation or protocol.
A collaborative practice agreement shall be: (A) Consistent with the
normal and customary specialty, competence and lawful practice of
the physician; and (B) appropriate to the pharmacist's training and
experience.
(4) "Physician" means a person licensed to practice medicine and
surgery in this state.
(c) Nothing in this section shall be construed to:
(1) Add any additional requirements for registration or for a
permit under the pharmacy act of the state of Kansas or for approval
under K.S.A. 65-1643(g), and amendments thereto;
(2) prevent persons other than pharmacists from engaging in
drug utilization review;
(3) require persons lawfully in possession of prescription drugs or
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prescription devices to meet any storage or record keeping
requirements except such storage and record keeping requirements as
may be otherwise provided by law; or
(4) affect any person consulting with a healthcare practitioner
about the safe and effective use of prescription drugs or prescription
devices.
Section 1. Sec. 3. K.S.A. 2025 Supp. 65-16,131 is hereby amended to
read as follows: 65-16,131. (a) (1) Notwithstanding the provisions of
subsections (b) through (d), a pharmacist may initiate therapy for a
condition consisting of medications and durable medical equipment if
such condition:
(A) Does not require a new diagnosis;
(B) is minor and generally self-limiting;
(C) has a test that is used to guide diagnosis or clinical decision-
making that is waived under the federal clinical laboratory improvement
amendments of 1988; or
(D) in the professional judgment of the pharmacist, constitutes a
patient emergency that threatens the health or safety of the patient if
the prescription is not immediately dispensed. In such cases, only the
sufficient quantity shall be provided until the patient is able to consult
with or be seen by the patient's personal physician or other primary
care provider.
(2) Nothing in subsection (a) shall be construed to authorize a
pharmacist to prescribe a controlled substance, except for a
medication prescribed for the treatment of opioid use disorder or for
medication-assisted treatment.
(3) To determine whether a specific act is within the scope of practice
of pharmacy for the purposes of the pharmacy act of the state of Kansas, a
pharmacist shall independently determine whether such act is:
(A) Expressly prohibited by the pharmacy act of the state of Kansas
or other law;
(B) consistent with the pharmacist's education, training and
experience; and
(C) within the accepted standard of care that would be provided in a
similar setting by a reasonable and prudent pharmacist with similar
education, training and experience.
(b) A pharmacist may initiate therapy within the framework of a
statewide protocol for the following health conditions:
(1) Influenza;
(2) streptococcal pharyngitis; or
(3) urinary tract infection.
(b)(c) The collaborative drug therapy management advisory
committee established pursuant to K.S.A. 65-1677, and amendments
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thereto, may adopt a statewide protocol for each condition listed in
subsection (a)(b). In establishing such statewide protocols, the committee
shall specify:
(1) The medications or categories of medications included in the
protocol for each health condition;
(2) the training or qualifications required for pharmacists to
implement the protocols;
(3) requirements for documentation and maintenance of records,
including patient inclusion and exclusion criteria, medical referral criteria,
patient assessment tools based on current clinical guidelines, follow-up
monitoring or care plans and the pharmacist's adherence to the applicable
protocols; and
(4) communication requirements, including, but not limited to,
notification to the patient's personal or primary care provider.
(c)(d) The board may deny an application or renewal or revoke or
suspend the license of a pharmacist upon a finding that the pharmacist has
violated the provisions of this section or failed to practice within the
framework of statewide protocols established pursuant to this section by
the collaborative drug therapy management advisory committee.
(d)(e) This section shall take effect and be in force on and after July
1, 2022The amendments to this section by this act shall be known and may
be cited as the pharmacist practice authority act.
Sec. 2. 4. K.S.A. 40-3402 and K.S.A. 2025 Supp. 65-1626a and 65-
16,131 is are hereby repealed.
Sec. 3. 5. This act shall take effect and be in force from and after its
publication in the Kansas register.
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