Session of 2025
HOUSE BILL No. 2369
By Committee on Health and Human Services
Requested by Heather Sprague on behalf of the Kansas Association of Chain
Drugstores
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AN ACT concerning health and healthcare; amending the pharmacy act of
the state of Kansas; allowing pharmacists to administer vaccines
pursuant to a vaccination protocol; amending K.S.A. 2024 Supp. 65-
1626a and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2024 Supp. 65-1626a is hereby amended to read as
follows: 65-1626a. (a) For the purpose of the pharmacy act of the state of
Kansas, the following individuals shall be deemed to be engaged in the
practice of pharmacy:
(1) Individuals who publicly profess to be a pharmacist, or publicly
profess to assume the duties incident to being a pharmacist and their
knowledge of drugs or drug actions, or both; and
(2) individuals who attach to their name any words or abbreviation
indicating that they are a pharmacist licensed to practice pharmacy in
Kansas.
(b) As used in this section:
(1) "Practice of pharmacy" means:
(A) The interpretation and evaluation of prescription orders;
(B) the compounding, dispensing and labeling of drugs and devices
pursuant to prescription orders;
(C) except as provided in subsection (d), the ordering and
administering of vaccine pursuant to a vaccination protocol vaccines
approved or authorized by the United States food and drug administration
to persons at least seven years of age or the age recommended by the
United States center for disease control and prevention, whichever is
older;
(D) the participation in drug selection according to state law and
participation in drug utilization reviews;
(E) the proper and safe storage of prescription drugs and prescription
devices and the maintenance of proper records thereof in accordance with
law;
(F) consultation with patients and other health care healthcare
practitioners about regarding the safe and effective use of prescription
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drugs and prescription devices;
(G) performance of collaborative drug therapy management pursuant
to a written collaborative practice agreement with one or more physicians
who have an established physician-patient relationship;
(H) participation in the offering or performing of those acts, services,
operations or transactions necessary in the conduct, operation,
management and control of a pharmacy; and
(I) initiation of therapy for the conditions specified in K.S.A. 2024
Supp. 65-16,131, and amendments thereto.
(2) "Collaborative drug therapy management" means a practice of
pharmacy where in which a pharmacist performs certain pharmaceutical-
related patient care functions for a specific patient which have who has
been delegated to the pharmacist by a physician through a collaborative
practice agreement. A physician who enters into a collaborative practice
agreement is responsible for the care of the patient following initial
diagnosis and assessment and for the direction and supervision of the
pharmacist throughout the collaborative drug therapy management
process. Nothing in this subsection shall be construed to permit a
pharmacist to alter a physician's orders or directions, diagnose or treat any
disease, independently prescribe drugs or independently practice medicine
and surgery.
(3) "Collaborative practice agreement" means a written agreement or
protocol between one or more pharmacists and one or more physicians that
provides who provide for collaborative drug therapy management. Such
collaborative practice agreement shall contain certain specified conditions
or limitations pursuant to the collaborating physician's order, standing
order, delegation or protocol. A collaborative practice agreement shall be:
(A) Consistent with the normal and customary specialty, competence and
lawful practice of the physician; and (B) appropriate to the pharmacist's
training and experience.
(4) "Physician" means a person licensed to practice medicine and
surgery in this state.
(c) Nothing in this section shall be construed to:
(1) Add any additional requirements for registration or for a permit
under the pharmacy act of the state of Kansas or for approval under K.S.A.
65-1643(g), and amendments thereto;
(2) prevent persons other than pharmacists from engaging in drug
utilization review;
(3) require persons lawfully in possession of prescription drugs or
prescription devices to meet any storage or record keeping recordkeeping
requirements, except such storage and record keeping requirements as may
be otherwise provided by law; or
(4) affect any person consulting with a healthcare practitioner about
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regarding the safe and effective use of prescription drugs or prescription
devices.
(d) A pharmacist shall not administer vaccines if such vaccination
cannot be administered pursuant to a vaccination protocol. Such vaccines
shall include the following: cholera, monkeypox, Japanese encephalitis,
typhoid, rabies, yellow fever, tick-borne encephalitis, anthrax,
tuberculosis, dengue, Hib, polio, rotavirus, smallpox and any vaccine
approved after January 1, 2023, pursuant to rules and regulations adopted
by the board of pharmacy.
Sec. 2. K.S.A. 2024 Supp. 65-1626a is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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