Volume 42 - Issue 30 - July 27, 2023

State of Kansas

Board of Pharmacy

Notice of Hearing on Proposed Administrative Regulations

A public hearing will be conducted at 8:30 a.m. Thursday, September 28, 2023, at the Office of Administrative Hearings, 1020 S. Kansas Ave., Topeka, Kansas, to review and consider the adoption of proposed permanent regulations of the Kansas State Board of Pharmacy.

This 60-day notice of the public hearing shall constitute a public comment period for the purpose of receiving written public comments on the proposed regulations. All interested parties may submit written comments prior to the public hearing to Alexandra Blasi, Executive Secretary, 800 SW Jackson, Suite 1414, Topeka, KS 66612-1244, or by email to pharmacy@ks.gov. All interested parties will be given a reasonable opportunity to present their views orally regarding the adoption of the proposed regulations during the public hearing. In order to provide all parties an opportunity to present their views, it may be necessary to request that each participant limit any oral presentation to five minutes.

Any individual with a disability may request an accommodation in order to participate in the public hearing and may request the regulations and economic impact statements in an accessible format. Requests for accommodation to participate in the public hearing should be made at least 10 business days in advance of the hearing by contacting Alexandra Blasi, Executive Secretary, 800 SW Jackson, Suite 1414, Topeka, KS 66612-1244 or by phone at 785-296-4056. Handicapped parking is located at the north entrance to the building. Curbs at the north entrance are accessible to individuals with disabilities.

Summaries of the proposed regulations and their economic impact follow. Copies of the regulations and economic impact statements may be viewed at https://pharmacy.ks.gov/statutes-regs/proposed-changes. (Note: Statements indicating that “The Board anticipates that the proposed new regulation/revocation will have minor to no economic impact” are intended to indicate that no economic impact on the Board, other state agencies, state employees, or the general public have been identified.)

K.A.R. 68-2-24. Pharmacy owner responsibilities. The proposed new regulation is designed to simplify and condense a pharmacy owner’s responsibilities. Responsibilities include ensuring that a pharmacy is operated in compliance with the Kansas pharmacy act and other statutory requirements, that a pharmacy owner does not prevent a pharmacist from doing the same, ensuring that a pharmacist has the discretion to conduct an in-person inspection of a drug or device, and prohibiting any individual who has had a license or registration denied, revoked, or suspended by the Board from entering a pharmacy (e.g., clerk or cashier). The Board anticipates that the proposed new regulation will have minor to no economic impact.

K.A.R. 68-7-26. Remote practice of pharmacy. The proposed new regulation codifies allowances made during the public health emergency which authorized pharmacy personnel to work remotely pursuant to requirements and circumstances outlined in the regulation, and expands the definition of direct supervision by a pharmacist to include remote work settings. The new regulation does not require a pharmacy to employ remote workers or allow remote work, but offers the opportunity for pharmacies to engage pharmacy personnel in this manner. The Board anticipates that the proposed new regulation will have minor to no economic impact.

K.A.R. 68-20-23. Revoked. The proposed revoked regulation classified N-Benzylpiperazine (BZP), including its salts, isomers, and salts of isomers, as a schedule I controlled substance pursuant to K.S.A. 65-4102. Subsequently, K.S.A. 65-4105 was amended to include the aforementioned substance and K.A.R. 68-20-23 is no longer necessary. The Board anticipates that the proposed revocation will have no economic impact.

K.A.R. 68-20-31. Revoked. The proposed revoked regulation classified 2,5-dimethoxy-4-methyl-n-(2-methoxybenzyl)phenethylamine, including its salts, isomers, and salts of isomers, as a schedule I controlled substance pursuant to K.S.A. 65-4102. The aforementioned substance was never permanently classified as a Schedule I controlled substance pursuant to K.S.A. 65-4105. Therefore, K.A.R. 68-20-31 is being formally revoked. The Board anticipates that the proposed revocation will have no economic impact.

Alexandra Blasi
Executive Secretary
Board of Pharmacy

Doc. No. 051344