Kan. Admin. Regs. § 68-21-2 - Electronic reports

(a) Except as specified in subsections (d) and (e), each dispenser shall file a report with the board for each scheduled substance and drug of concern sold in Kansas or to an address in Kansas. This report shall be submitted by the end of the next business day from the day that the drug is sold.
(b) Except as specified in subsections (c), (d), and (e), each dispenser that does not dispense scheduled substances or drugs of concern in Kansas or to an address in Kansas during the reporting period specified in subsection (a) shall file a zero report with the board. Each zero report shall be fled by the end of the next business day.
(c) Any dispenser that meets the following conditions may submit a written request to the board for an exemption from subsection (b):
(1) The dispenser does not monthly dispense more than 10 prescriptions for scheduled substances and drugs of concern in Kansas or to an address in Kansas.
(2) The dispenser is unable to automate submission of a zero report.
(d) Any medical care facility, as defined by K.S.A. 65-1626 and amendments thereto, may submit a written request to the board for an exemption from subsections (a) and (b) if the medical care facility provides an interim supply of a scheduled substance or drug of concern to an outpatient on an emergency basis and the interim quantity does not exceed a 48-hour supply and, as described in K.A.R. 68-7-11(d)(2)(B), is limited to an amount sufficient to supply the outpatient's needs until a prescription can be filled in accordance with K.A.R. 68-7-11. This exemption shall apply only to the outpatient emergency interim supply of drugs and not to other outpatient dispensing or supply activities of the medical care facility.
(e) Any dispenser that does not dispense scheduled substances or drugs of concern in Kansas or to an address in Kansas may submit a written request to the board for an exemption from subsections (a) and (b) if both of the following conditions are met:
(1) The dispenser has submitted the required reports for at least three months or has provided three months of dispensing records to the board.
(2) The request is accompanied by the following:
(A) If the dispenser is a nonresident pharmacy, a list of states in which the pharmacy is registered;
(B) the current prescription monitoring program reporting status in each state in which the dispenser is registered; and
(C) a copy of any written reprimand, censure, or other disciplinary action related to prescription monitoring program reporting that the dispenser has had in any state, district, or territory.
(f) Each dispenser or pharmacy that no longer meets the criteria for exemption specified in subsection (c), (d), or (e) shall notify the board and begin submitting reports within seven days.
(g) Each exemption issued by the board shall expire annually on August 31.
(h) Except as specified in K.A.R. 68-21-3, each report required to be submitted pursuant to subsection (a) shall be submitted by secure file transfer protocol in the electronic format established by the American society for automation in pharmacy, dated no earlier than 2020, version 4, release 2b.
(i) Each dispenser shall correct any reporting error within seven days of discovering the error or being notified of the error by the board or the board's designee.

Notes

Kan. Admin. Regs. § 68-21-2
Authorized by K.S.A. 65-1692; implementing K.S.A. 2022 Supp. 65-1683; effective Oct. 15, 2010; amended April 15, 2011; amended Aug. 13, 2014; amended by Kansas Register Volume 42, No. 20; effective 6/2/2023.

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