Kan. Admin. Regs. § 68-7-12a - Nonresident pharmacies
Each nonresident pharmacy shall meet the requirements of this regulation to be and remain registered in Kansas by the board.
(a)
(1) Each
pharmacy shall be currently licensed or registered in good standing in the
state in which it is located.
(2)
Each practicing pharmacist employed by or under contract with the pharmacy
shall be licensed as a pharmacist in the state where the pharmacist
practices.
(3) Each pharmacy shall
provide and maintain, in readily retrievable form, the record of a satisfactory
inspection conducted within the previous 18-month period by the licensing
entity of the state where the pharmacy is located. If no such inspection record
is readily available, the record of a satisfactory inspection conducted at the
expense of the pharmacy within the previous 18-month period by a third party
recognized by the board to inspect may be accepted.
(4) Each pharmacy shall designate a
pharmacist-in-charge, as defined by
K.S.A. 65-1626 and amendments thereto, who shall be
named in the application and who shall be responsible for receiving
communications from the board.
(A) The
pharmacist-in-charge shall timely respond to any lawful request for information
from the board or law enforcement authorities.
(B) The pharmacist-in-charge shall be
responsible for receiving and maintaining publications distributed by the
board.
(b)
The owner or the owner's authorized representative of the nonresident pharmacy
shall apply for registration and renewal on forms approved by the board. The
information reasonably necessary to carry out the provisions of
K.S.A. 65-1657 and amendments thereto, including the
name, address, and position of each officer and director of a corporation or of
the owners if the pharmacy is not a corporation, shall be required by the
board.
(c) An exemption for
registration may be granted by the board under
K.S.A. 65-1657 and amendments thereto, upon
application by any nonresident pharmacy that confines its dispensing activity
to isolated transactions. The following shall be considered to determine
whether to grant an exemption:
(1) The number
of prescriptions dispensed or reasonably expected to be dispensed into
Kansas;
(2) the number of patients
served or reasonably expected to be served in Kansas;
(3) any efforts to promote the pharmacy's
services in Kansas;
(4) any
contract between the pharmacy and either an employer or organization to provide
pharmacy services to employees or other beneficiaries in Kansas;
(5) medical necessity;
(6) the effect on the health and welfare of
persons in Kansas; and
(7) any
other relevant matters.
(d) The pharmacy owner shall pay an annual
registration fee as specified in
K.A.R.
68-11-2.
(e) The pharmacy records of drugs dispensed
to Kansas addresses shall be maintained so that the records are readily
retrievable upon request. These records shall be made available for inspection
by the board or by Kansas law enforcement authorities upon request.
(f) The pharmacy shall maintain an incoming
toll-free telephone number for use by Kansas customers to facilitate personal
communication with a pharmacist with access to patient records.
(1) This service shall be available during
normal business hours for at least 40 hours and six days per week.
(2) This telephone number and any others
available for use shall be printed on each container of drugs dispensed in
Kansas.
(3) The toll-free number
shall have a sufficient number of extensions to provide reasonable access to
incoming callers.
(g)
Generic drugs shall be dispensed into Kansas only pursuant to
K.S.A. 65-1637, and amendments thereto.
(h) The facilities and records of the
pharmacy shall be subject to inspection by the board. Satisfactory inspections
conducted within the previous 18-month period by the licensing entity of the
state where the pharmacy is located or a third party recognized by the board to
inspect may be accepted in lieu of inspection by the board.
(i) Each owner or owner's authorized
representative of the nonresident pharmacy either doing business in Kansas or
providing pharmacy services, dispensing, or either delivering or causing to be
delivered prescription drugs to Kansas consumers shall designate a resident
agent in Kansas for service of process and file this information with the
secretary of state.
Notes
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