65-16,102. Same; maintenance of program by the board of pharmacy; rules and regulations; waiver and liability. - Kansas Statutes

65-16,102

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

      65-16,102.   Same; maintenance of program by the boardof pharmacy; rules and regulations; waiver and liability.(a) The board shall establish and maintain aprogram for a statewide electronic logging system for sale of methamphetamineprecursors.

      (b)   Each pharmacy shall maintain an electronicmethamphetamine precursor recording log documenting the sale ofmethamphetamine precursors. The board shall promulgate rules andregulations specifying a standardized format for the log and theinformation that each pharmacy shall submit to the board, whichshall include, but not be limited to:

      (1)   The name and address of the person purchasing, receiving orotherwise acquiring the methamphetamine precursor;

      (2)   the name of the product and quantity purchased;

      (3)   the date and time of the purchase; and

      (4)   the name, or initials, of the licensed pharmacist, registeredpharmacy technician or pharmacy intern or clerk supervised by a licensedpharmacist who sold the product.

      (c)   Notwithstanding the requirements of this section, each pharmacy shallmaintain the purchaser's signature in accordance with subsection (k) of K.S.A.65-1643, and amendments thereto.

      (d)   Each pharmacy that is capable shall submit the information from the login real time in accordance with transmissionmethods specified in rules and regulations promulgated by the board.

      (e)   The board may grant a waiver exempting a pharmacy from compliance withthe requirements of this section upon showing of good cause by the pharmacythat it is otherwise unable to submit log information by electronic means forvarious reasons, including, but not limited to, mechanical or electronicfailure or financial, technological or any other undue burden on the pharmacy,established by rules and regulations.Such waiver may permitthe pharmacy to submit log information by paper form or other means, providedthat all information required by rulesand regulations is submitted in this alternative format.

      (f)   No pharmacy or pharmacy employee shall be liable to any person ina civil action for damages or other relief arising from a sale of amethamphetamine precursor that occurs at another pharmacy.

      (g)   The requirements of this section shall not apply where there is a lawfulprescription present for the methamphetamine precursor sold.

      History:   L. 2009, ch. 131, § 2; July 1.