Kansas 2025-2026 Regular Session

Kansas House Bill HB2244 Compare Versions

Only one version of the bill is available at this time.

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1	1	Session of 2025
2	2	HOUSE BILL No. 2244
3	3	By Committee on Insurance
4	4	Requested by Representative Sutton
5	5	2-4
6	6	AN ACT concerning the board of pharmacy; prohibiting the board of
7	7	pharmacy from adopting rules and regulations that would limit or
8	8	condition the use of telepharmacy; modifying the composition of board
9	9	members of the board of pharmacy; amending K.S.A. 74-1603 and 74-
10	10	1604 and K.S.A. 2024 Supp. 65-16,130 and repealing the existing
11	11	sections.
12	12	Be it enacted by the Legislature of the State of Kansas:
13	13	Section 1. K.S.A. 2024 Supp. 65-16,130 is hereby amended to read as
14	14	follows: 65-16,130. (a) As used in this section:
15	15	(1) "Telepharmacy" means the practice of pharmacy by a pharmacist
16	16	located in Kansas using telecommunications or other automations and
17	17	technologies to deliver personalized, electronically documented, real-time
18	18	pharmaceutical care to patients or their agents, who are located at sites
19	19	other than where the pharmacist is located, including prescription
20	20	dispensing and counseling and to oversee and supervise telepharmacy
21	21	outlet operations.
22	22	(2) "Telepharmacy outlet" means a pharmacy site located in Kansas
23	23	that:
24	24	(A) Is registered as a pharmacy under the act;
25	25	(B) is owned by the managing pharmacy;
26	26	(C) is connected via computer link, video link and audio link or other
27	27	functionally equivalent telecommunications equipment with a supervising
28	28	pharmacy located in Kansas; and
29	29	(D) has a pharmacy technician on site who performs activities under
30	30	the electronic supervision of a pharmacist located in Kansas.
31	31	(b) A pharmacist shall be in attendance at the telepharmacy outlet by
32	32	connecting to the telepharmacy outlet via computer link, video link and
33	33	audio link or other functionally equivalent telecommunications equipment
34	34	and shall be available to consult with and assist the pharmacy technician in
35	35	performing activities.
36	36	(c) Not later than January 1, 2023, The board shall adopt rules and
37	37	regulations necessary to specify additional criteria for a managing
38	38	pharmacy and telepharmacy outlet under this section, including, but not
39	39	limited to addressing the following:
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75	75	(1) Application requirements;
76	76	(2) structural, security, technology and equipment requirements;
77	77	(3) staffing, training and electronic supervision requirements;
78	78	(4) inventory record keeping and storage requirements;
79	79	(5) labeling requirements;
80	80	(6) establishment of policies and procedures;
81	81	(7) the number of telepharmacy outlets that may be operated by a
82	82	supervising pharmacy;
83	83	(8) use of automated dispensing machines; and
84	84	(9) criteria for requesting exemptions or waivers from the
85	85	requirements set forth in rules and regulations adopted under this
86	86	subsection.
87	87	(d) The board shall not limit or condition the use of telepharmacy
88	88	based on population, distance from a physical pharmacy or network
89	89	adequacy.
90	90	(d)(e) This section shall be a part of and supplemental to the
91	91	pharmacy act of the state of Kansas.
92	92	Sec. 2. K.S.A. 74-1603 is hereby amended to read as follows: 74-
93	93	1603. (a) There is hereby created a state board of pharmacy which shall
94	94	consist of seven members, six of whom shall be licensed pharmacists, and
95	95	one of whom shall be a representative of the general public.
96	96	(b) (1) The terms of the board members appointed and serving on the
97	97	state board of pharmacy on July 1, 2025, shall expire on December 31,
98	98	2025.
99	99	(2) A new state board of pharmacy shall be appointed to serve on and
100	100	after January 1, 2026, and shall have the same powers, duties and
101	101	functions as its predecessor. Such board shall consist of seven members,
102	102	who shall be reflect the general types of pharmacies in Kansas, and be
103	103	appointed as follows:
104	104	(A) Three pharmacist members appointed by the Kansas pharmacist's
105	105	association;
106	106	(B) two pharmacist members employed by chain drug stores or
107	107	retailers appointed by the commissioner of insurance;
108	108	(C) one pharmacist member employed by an insurer, specialty or
109	109	mail order pharmacy serving on behalf of the state employee health plan
110	110	appointed by the state employee health care commission; and
111	111	(D) one public non-pharmacist prescription drug purchaser member
112	112	appointed by the speaker of the house of representatives and the president
113	113	of the senate. The speaker of the house and the president of the senate
114	114	shall alternate in appointing such board member.
115	115	(3) Not later than December 1, 2025, the executive director of the
116	116	state board of pharmacy shall be notified of all newly appointed board
117	117	members. Following such initial appointment of board members,
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161	161	vacancies occurring on the board shall be filled pursuant to subsection
162	162	(c).
163	163	(b)(c) Vacancies occurring on the board other than by expiration of
164	164	term shall be filled for the unexpired term in the same manner as the
165	165	original appointment was made. No person who has been appointed to and
166	166	qualified for two terms as a member of the board of pharmacy shall be
167	167	eligible to be appointed as a member of the board. On July 1, 2009, the
168	168	term of office of each existing board member shall be extended by one
169	169	year.
170	170	(c) The office of the state board of pharmacy shall be located in the
171	171	city of Topeka, Kansas.
172	172	Sec. 3. K.S.A. 74-1604 is hereby amended to read as follows: 74-
173	173	1604. The governor shall appoint the (a) Members of the board shall be
174	174	appointed pursuant to K.S.A. 74-1603, and amendments thereto, and such
175	175	members appointed on and after July 1, 2009 January 1, 2026, shall serve
176	176	for terms of four years and until their successors are appointed and
177	177	qualified.
178	178	(b) No pharmacist shall be eligible for appointment as a member of
179	179	the board unless such pharmacist has been a resident of the state and
180	180	actively employed in or engaged in the practice of pharmacy in Kansas for
181	181	at least five years immediately preceding the date of appointment.
182	182	Sec. 4. K.S.A. 74-1603 and 74-1604 and K.S.A. 2024 Supp. 65-
183	183	16,130 are hereby repealed.
184	184	Sec. 5. This act shall take effect and be in force from and after its
185	185	publication in the statute book.
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