Kansas 2025-2026 Regular Session

Kansas House Bill HB2369 Compare Versions

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11 Session of 2025
22 HOUSE BILL No. 2369
33 By Committee on Health and Human Services
44 Requested by Heather Sprague on behalf of the Kansas Association of Chain
55 Drugstores
66 2-7
77 AN ACT concerning health and healthcare; amending the pharmacy act of
88 the state of Kansas; allowing pharmacists to administer vaccines
99 pursuant to a vaccination protocol; amending K.S.A. 2024 Supp. 65-
1010 1626a and repealing the existing section.
1111 Be it enacted by the Legislature of the State of Kansas:
1212 Section 1. K.S.A. 2024 Supp. 65-1626a is hereby amended to read as
1313 follows: 65-1626a. (a) For the purpose of the pharmacy act of the state of
1414 Kansas, the following individuals shall be deemed to be engaged in the
1515 practice of pharmacy:
1616 (1) Individuals who publicly profess to be a pharmacist, or publicly
1717 profess to assume the duties incident to being a pharmacist and their
1818 knowledge of drugs or drug actions, or both; and
1919 (2) individuals who attach to their name any words or abbreviation
2020 indicating that they are a pharmacist licensed to practice pharmacy in
2121 Kansas.
2222 (b) As used in this section:
2323 (1) "Practice of pharmacy" means:
2424 (A) The interpretation and evaluation of prescription orders;
2525 (B) the compounding, dispensing and labeling of drugs and devices
2626 pursuant to prescription orders;
2727 (C) except as provided in subsection (d), the ordering and
2828 administering of vaccine pursuant to a vaccination protocol vaccines
2929 approved or authorized by the United States food and drug administration
3030 to persons at least seven years of age or the age recommended by the
3131 United States center for disease control and prevention, whichever is
3232 older;
3333 (D) the participation in drug selection according to state law and
3434 participation in drug utilization reviews;
3535 (E) the proper and safe storage of prescription drugs and prescription
3636 devices and the maintenance of proper records thereof in accordance with
3737 law;
3838 (F) consultation with patients and other health care healthcare
3939 practitioners about regarding the safe and effective use of prescription
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7474 drugs and prescription devices;
7575 (G) performance of collaborative drug therapy management pursuant
7676 to a written collaborative practice agreement with one or more physicians
7777 who have an established physician-patient relationship;
7878 (H) participation in the offering or performing of those acts, services,
7979 operations or transactions necessary in the conduct, operation,
8080 management and control of a pharmacy; and
8181 (I) initiation of therapy for the conditions specified in K.S.A. 2024
8282 Supp. 65-16,131, and amendments thereto.
8383 (2) "Collaborative drug therapy management" means a practice of
8484 pharmacy where in which a pharmacist performs certain pharmaceutical-
8585 related patient care functions for a specific patient which have who has
8686 been delegated to the pharmacist by a physician through a collaborative
8787 practice agreement. A physician who enters into a collaborative practice
8888 agreement is responsible for the care of the patient following initial
8989 diagnosis and assessment and for the direction and supervision of the
9090 pharmacist throughout the collaborative drug therapy management
9191 process. Nothing in this subsection shall be construed to permit a
9292 pharmacist to alter a physician's orders or directions, diagnose or treat any
9393 disease, independently prescribe drugs or independently practice medicine
9494 and surgery.
9595 (3) "Collaborative practice agreement" means a written agreement or
9696 protocol between one or more pharmacists and one or more physicians that
9797 provides who provide for collaborative drug therapy management. Such
9898 collaborative practice agreement shall contain certain specified conditions
9999 or limitations pursuant to the collaborating physician's order, standing
100100 order, delegation or protocol. A collaborative practice agreement shall be:
101101 (A) Consistent with the normal and customary specialty, competence and
102102 lawful practice of the physician; and (B) appropriate to the pharmacist's
103103 training and experience.
104104 (4) "Physician" means a person licensed to practice medicine and
105105 surgery in this state.
106106 (c) Nothing in this section shall be construed to:
107107 (1) Add any additional requirements for registration or for a permit
108108 under the pharmacy act of the state of Kansas or for approval under K.S.A.
109109 65-1643(g), and amendments thereto;
110110 (2) prevent persons other than pharmacists from engaging in drug
111111 utilization review;
112112 (3) require persons lawfully in possession of prescription drugs or
113113 prescription devices to meet any storage or record keeping recordkeeping
114114 requirements, except such storage and record keeping requirements as may
115115 be otherwise provided by law; or
116116 (4) affect any person consulting with a healthcare practitioner about
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160160 regarding the safe and effective use of prescription drugs or prescription
161161 devices.
162162 (d) A pharmacist shall not administer vaccines if such vaccination
163163 cannot be administered pursuant to a vaccination protocol. Such vaccines
164164 shall include the following: cholera, monkeypox, Japanese encephalitis,
165165 typhoid, rabies, yellow fever, tick-borne encephalitis, anthrax,
166166 tuberculosis, dengue, Hib, polio, rotavirus, smallpox and any vaccine
167167 approved after January 1, 2023, pursuant to rules and regulations adopted
168168 by the board of pharmacy.
169169 Sec. 2. K.S.A. 2024 Supp. 65-1626a is hereby repealed.
170170 Sec. 3. This act shall take effect and be in force from and after its
171171 publication in the statute book.
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