65-1672. Same; participation; adult care homes; powers and duties of a qualifying center or clinic. - Kansas Statutes

65-1672

Chapter 65.--PUBLIC HEALTH Article 16.--REGULATION OF PHARMACISTS

      65-1672.   Same; participation; adult care homes;powers and duties of a qualifying center or clinic.(a) Participation in the utilization of unused medications act by residents ofadult care homes and donating entities shall be voluntary. Nothing in theutilization of unused medications act shall require any resident of an adultcare home or any donating entity to participate in the program.

      (b)   A qualifying center or clinic whichmeets the eligibility requirements established in the utilization of unusedmedications act may:

      (1)   Dispense medications donated under the utilization ofunused medications act to persons who are medically indigentresidents of Kansas; and

      (2)   charge persons receiving donated medications a handlingfee not to exceed 200% of the medicaid dispensing fee.

      (c)   A qualifying center or clinic whichmeets the eligibility requirements established and authorized by theutilization of unused medications act which accepts donatedmedications shall:

      (1)   Comply with all applicable federal and state laws related to the storageand distribution of medications;

      (2)   inspect all medications prior to dispensing the medications to determinethat such medications are not adulterated; and

      (3)   dispense prescription drugs only pursuant to a prescription issued by apractitioner or mid-level practitioner.

      (d)   Medications donated under the utilization of unusedmedications act shall not be resold but are available for transfer to anotherqualifying center or clinic.

      (e)   For purposes of the utilization of unused medications act,medications dispensed by qualifying centers or clinics shall not be consideredresale of such medications.

      History:   L. 2008, ch. 9, § 5; Mar. 27.