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Session of 2026
SENATE BILL No. 431
By Committee on Public Health and Welfare
1-30
AN ACT concerning health and healthcare; relating to the practice of
pharmacy; allowing a pharmacy to employ certain remote workers to
engage in the remote practice of pharmacy; providing for the
supervision and duties of remote pharmacy workers.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) As used in this section:
(1) "Employ" means the same as defined in K.S.A. 44-1202, and
amendments thereto.
(2) "Employing pharmacy" means a pharmacy that employs a remote
worker and receives tangible work product from such remote worker.
(3) "Remote practice of pharmacy" or "remote practice" means the
practice of pharmacy conducted at any location other than an employing
pharmacy.
(4) "Remote worker" means a pharmacist, pharmacist intern or
pharmacy technician who is engaged in the remote practice of pharmacy.
(5) "Pharmacy intern" means the same as defined in K.S.A. 65-
1626(zz), and amendments thereto.
(b) Any pharmacy may employ a remote worker to engage in the
remote practice of pharmacy, provided that all requirements of this act are
met.
(1) The pharmacist-in-charge shall ensure that the pharmacy displays
a notice of remote work on the premises of the pharmacy if such pharmacy
employs remote workers.
(2) Each pharmacy owner and pharmacist-in-charge shall ensure that
all records required by the pharmacy act of the state of Kansas are
maintained for a period of five years by the employing pharmacy and that
such records are stored under the employing pharmacy's direct control.
(3) Each pharmacy owner and pharmacist-in-charge shall maintain a
record of each remote worker that was engaged in the remote practice of
pharmacy for the last two years. The record shall include the following:
(A) The first and last name of the remote worker;
(B) the license, registration or permit number of such remote worker;
(C) each address where the remote worker is located when engaged in
remote practice; and
(D) the current contact information of the remote worker.
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(4) Personally identifying information collected under paragraph (3),
such as a remote worker's address and phone number, shall be confidential
and not be subject to the open records act, K.S.A. 45-215 et seq., and
amendments thereto. The provisions of this paragraph shall expire on July
1, 2031, unless the legislature reviews and reenacts this provision pursuant
to K.S.A. 45-229, and amendments thereto, prior to July 1, 2031.
(5) Each pharmacy owner, pharmacist-in-charge and remote worker
engaged in the remote practice of pharmacy shall ensure the following:
(A) Each remote practice area is free from third-party interference or
observation;
(B) each remote work device used to engage in the remote practice of
pharmacy shall:
(i) be provided and maintained by the employing pharmacy;
(ii) be configured and properly equipped to engage in the remote
practice of pharmacy and be secure from unauthorized access; and
(iii) have the ability to maintain all prescription and patient
information in a manner that protects the integrity and confidentiality of
such information; and
(C) all communication to any third-party outside the employing
pharmacy is made on a remote work device that complies with paragraph
(B).
(c) Each pharmacy owner and pharmacist-in-charge of a pharmacy
that employs remote workers shall maintain a written policy and procedure
manual. Each pharmacist-in-charge shall review, update and revise such
manual, at minimum, annually and as necessary to ensure the manual
remains up-to-date. Documentation of such review shall be maintained at
the pharmacy.
(1) The policy and procedure manual shall include the following:
(A) Procedures for the operation of the remote practice of pharmacy;
(B) maintenance of security for remote work devices;
(C) procedures to ensure that the remote practice of pharmacy is
conducted in a manner in which patient privacy and confidentiality are
maintained, including provisions that patient information shall not:
(i) Be printed at a remote practice area;
(ii) exist in any nonelectronic format at a remote practice area; and
(iii) exist in any electronic format except on a remote work device
that complies with subsection (b)(4)(B);
(D) an acknowledgment that a physical or virtual inspection may be
conducted by the board or the employing pharmacy at any location where
each remote worker engages in remote practice;
(E) procedures for routine audits of a remote worker's activity;
(F) procedures to ensure compliance with an ongoing continuous
quality improvement program pursuant to K.S.A. 65-1695, and
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amendments thereto, review of incident reports and necessary training or
education of remote workers in response to any incident;
(G) procedures to ensure that the employing pharmacy maintains an
updated list of each remote worker engaged in the remote practice of
pharmacy. The list shall include each remote worker's name and current
contact information;
(H) procedures for any pharmacist intern or pharmacy technician
engaged in the remote practice of pharmacy to contact a supervising
pharmacist;
(I) procedures for any pharmacist intern or pharmacy technician to
follow if a supervising pharmacist is no longer able to supervise.
(2) Before engaging in the remote practice of pharmacy, each
pharmacist intern, shall complete the first year of pharmacy school and be
in good standing.
(3) Each pharmacy technician shall complete the following education,
experience and training before engaging in the remote practice of
pharmacy:
(A) At least 240 clock hours of training in the pharmacy either with
the current pharmacist-in-charge or the pharmacist-in-charge's designee;
(B) an acknowledgment of understanding of the policy and procedure
manual for the remote practice of pharmacy; and
(C) documentation of passing a certification examination approved by
the board.
(4) Each pharmacist-in-charge shall ensure that each pharmacist
intern has completed the requirements in subsection (c)(2) before engaging
in the remote practice of pharmacy.
(5) The pharmacy owner and the pharmacist-in-charge shall ensure
that documentation of the requirements of subsection (b)(2) through (3) is
maintained at the pharmacy for each pharmacist intern and pharmacy
technician engaged in remote practice. Each pharmacist intern or
pharmacy technician engaged in remote practice shall be supervised by a
pharmacist working in the pharmacy's physical location or a pharmacist
engaged in remote practice.
(6) Supervision conducted in accordance with this subsection shall
constitute direct supervision.
(d) A pharmacist actively engaged in the remote practice of pharmacy
shall not perform any of the following:
(1) Handling or possessing any drug or device owned by the
pharmacy;
(2) packaging or prepackaging; and
(3) compounding, dispensing or labeling.
(e) Any pharmacist intern or pharmacy technician engaged in the
remote practice of pharmacy may perform the following:
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(1) The prescription process; and
(2) send communications and requests to prescribers through
automated methods.
(f) Any pharmacist intern or pharmacy technician engaged in the
remote practice of pharmacy may, if supervised, perform the following:
(1) Contact prescribers or prescriber offices;
(2) contact patients for clarification of personal data and payment
processing information; and
(3) transfer a prescription.
(g) A pharmacist engaged in the remote practice of pharmacy may
supervise a pharmacist intern or pharmacy technician engaged in the
remote practice of pharmacy in accordance with the technician-to-
pharmacist ratio specified by K.A.R. 68-5-16, but shall not supervise any
pharmacist intern or pharmacy technician located in the pharmacy.
(h) This section shall not apply to medical care facility pharmacies or
medical care facility pharmacy personnel.
(i) Nothing in this act shall affect the requirements or allowances in
K.A.R. 68-22-1 through 68-22-5.
(j) Hours spent in the remote practice of pharmacy by a pharmacist
intern shall not count towards the intern hours required by the board unless
the supervising pharmacist is continuously present and observing the
intern by video and audio link.
(k) This section shall be a part of and supplemental to the pharmacy
act of the state of Kansas.
Sec. 2. This act shall take effect and be in force from and after its
publication in the statute book.
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