Yes. In reviewing an applicant's offense or criminal history, the Board evaluates whether the individual has been sufficiently rehabilitated to warrant the public trust. In making this determination, it helps if the applicant provides a detailed written statement (S-150 Personal History) explaining the offense history, related facts or events, as well as the reasons the applicant deserves to be licensed or registered. The applicant should include any helpful facts that would aid in the Board’s evaluation, such as any relevant qualifications or experience in the profession, extenuating or mitigating circumstances regarding any illegal activity or wrongdoing, and work or volunteer history since the time of such wrongdoing. You may also include other documents that may help in the Board’s review of your application, such as letters of recommendation, character references, evidence of present fitness for licensure, pleadings or other court documents from the case, and evidence of coursework, community involvement volunteer experience, or past job responsibilities.

Court documents can be obtained from your attorney (if you were represented) or the clerk of court in the jurisdiction where the offense occurred. Contact the court clerk and ask how you can get copies of your case file. If the court tells you the documents are no longer available, submit an official notice from the court indicating as such.

The citation, complaint, or summons indicating the specific violations/charges, and any amended complaints. Disposition documents with any plea or stipulation to the charges, court ruling, and terms of any dismissal, sentence, conviction, judgment, diversion, etc. Proof of completion of any probation, diversion or suspended imposition of sentence. If this is not available, submit the court’s case or docket summary.

Yes. All applications are reviewed and compared to KBI/FBI report. If the application has information which is contradicted by the KBI/FBI background check, such statement may be considered an attempt to obtain a license by fraudulent means and may result in denial or other disciplinary action.

No, you only need to report “adult” offenses. The only exception is if a minor was charged as an adult.

Yes. Even though we will not consider these offenses, we need to be able to compare them to your KBI and FBI background check to ensure there’s no conflicting information.

Unless a criminal conviction or offense has been expunged (this is a legal term) from your record or you have received a pardon, you need to report the information to the Board. If a case has merely been “dismissed,” it still has to be reported.

Yes. All applicants must submit to fingerprinting and enrollment in the KBI/FBI Rap Back program by undergoing a criminal history record check by the KBI/FBI. If you have a current license or registration with the Kansas State Board of Pharmacy and previously underwent a background check through our office, you may not need to do another one. Please contact us if you think you have already done a background check through our office.

Yes. The Board does not accept KBI/FBI reports issued for other purposes.

Yes. Applications cannot remain pending indefinitely. If deficiencies are not timely corrected or if your application is denied or withdrawn, you must reapply. Please make sure that the Board has your current contact information to ensure you are receiving all official correspondence.

Fingerprint cards should be submitted to the Board office simultaneously and in conjunction with the application and S-100 KBI/FBI Criminal Background Check Form.

No. The fingerprints, Form S-100 KBI/FBI Criminal Background Check, and $47 fee must be filed with your application. Applications are accepted without the background check but are considered incomplete. All application items must be received before an application can be considered complete.

If your license or registration has been revoked by the Kansas State Board of Pharmacy, you must wait a minimum of one year from the effective date of revocation before applying for reinstatement. Please use the appropriate forms to request reinstatement after revocation:

• Form LA-65 Pharmacist Reinstatement after Revocation
• Form LA-70 Technician Reinstatement after Revocation

The Kansas Board of Pharmacy is a regulatory agency. All disciplinary actions before the Kansas Board of Pharmacy are subject to the Kansas Administrative Procedure Act (KAPA), K.S.A. 77-501 et seq. The KAPA is a set of statutes that outline the procedures the Kansas Board of Pharmacy must follow. It provides for due process. This includes things such as reasonable notice, fair and impartial hearing, right to representation, and right to question witnesses or present evidence. KAPA is applied to all regulatory agencies of varying sizes.

Hearing requests must be in writing and received by the Board office (email, mail, hand-delivered) within 15 days of the date of the Summary Order. Hearings are then scheduled before the Board at their next regular quarterly meeting.

It depends. Any technician who is initially registered (has an issue date) on or after July 1, 2017 will need to pass a national certification examination before their first renewal. A technician who was registered before July 1, 2017 and remains registered (does not let their registration expire) is not required to pass a national certification examination.

Two certification examinations have been approved by the board.

• Pharmacy Technician Certification Board (PTCB)
• National Heathcareer Association (NHA) ExCPT

No, the board does not require that you renew your certification. You are only required to pass a one-time certification examination. However, your employer may require you to maintain your certification.

Anyone can file a complaint with the Board. Most complaints come from consumers, but others come from employers. Reports can originate from any source. Other sources include the court system, law enforcement, newspapers, TV or radio reports, patients, neighbors, relatives, other regulatory agencies (resident and nonresident), individual health care providers, etc.

Complete the C-100 Complaint Form, available on the Board’s website and submit it to the Board with all available information and supporting documents.

Anything you think might be important or relevant. Please submit as much information as possible when submitting your complaint. The more information we have, the better!

Once the Board has received your complaint, you will receive a written acknowledgement.

Once we have received your Complaint Form, the following takes place:

1. We notify you that your complaint has been received.
2. The Director of Compliance reviews the complaint and assigns an appropriate investigator.
3. A Board inspector conducts an investigation to compile a report that is presented to the Board.
4. The Investigative Member of the Board reviews the Investigative Report to determine if any possible violations of Kansas Law have occurred.
5. The Board determines if a hearing is warranted and notifies the appropriate parties.

If possible violations are indicated in the Board’s opinion, then a hearing with the licensee is arranged according to the Kansas Administrative Procedure Act. The hearing is to give the licensee an opportunity to present his/her case. There is a possibility that the person submitting the complaint or other appropriate parties will need to appear at the hearing, but this is not always the case. The Board has the legal authority to revoke, suspend, or restrict the individuals that they regulate. Monetary fines are also a part of the Board’s authority.

Complaints are investigated as assigned by the Director of Compliance. The Board employs staff inspectors, including licensed pharmacists and compliance inspectors (former pharmacy technicians).

Investigators collect information from many sources. Medical records, personnel records, agency records, and disciplinary records from other states are reviewed. Investigators interview witnesses and take statements. Investigators interview licensees/registrants that are being investigated. During investigations licensees/registrants may offer evidence and statements to be considered. Investigators collect all information available, both positive and negative. The investigators organize, review, and summarize all available information and present it to the Board’s Investigative Member for review. All disciplinary actions taken by the Board’s Investigative Member are reviewed and approved by the Board at their quarterly meetings.

An investigation may take anywhere from a few weeks to a few years, depending on the complexity and severity of the issues, as well as the case load of the inspectors. Most investigations are completed within nine months.

In most cases, the Board notifies the person submitting the complaint of the general outcome of the case. For example, the Board may indicate discipline was initiated against a licensee. However, specifics and details of an investigation or the outcome are not open to the public and will not be reported or discussed.

All complaints received by the Board are subject to disclosure under the Kansas Open Records Act, K.S.A. 45-215 et seq.

Complaints and investigations are not open to the public. However, once formal disciplinary action is effective against an individual or a facility, an order is made available on the Board’s website and is reported to the National Association of Boards of Pharmacy. Such actions are subject to disclosure under the Kansas Open Records Act, K.S.A. 45-215 et seq.

Yes. However, a complaint submitted anonymously does not carry as much weight. It is more difficult to conduct an investigation, determine facts, or obtain documents. Additionally, the investigator is unable to corroborate any information with the person filing the complaint and unable to ask any follow-up questions to aid their investigation.

Pharmacists are required to complete 30 hours of approved continuing education for each biennial renewal period. The hours must be completed within the licensed period. If you are a new licensee, the number is prorated and given to you in your original licensure letter.

Technicians are required to complete 20 hours of approved continuing education for each biennial renewal period. The hours must be completed within the renewal period.

One CEU (continuing education unit) = 10 CE hours. A contact hour is equal to 60 clock minutes.

Each CE program shall be submitted to the Board at least 10 days in advance of the course date for consideration for approval using Form E-100 for CE Requests from Providers or Form E-200 for CE Requests from Individuals. ACPE courses are automatically accepted by the Board and do not need to be submitted for approval. CE courses approved by another state Board of Pharmacy are also automatically accepted. CE programs shall not include in-service programs, on-the-job training, orientation for a job, an education program open to the general public, a cardiopulmonary resuscitation (CPR) course, a basic cardiac life support (BCLS) course, emergency or disaster training or direct experience at a healthcare facility under a code blue, testing out of a course, or medical school courses.

Yes. Please follow the course approval submission requirements using Form E-200 for CE Requests from Individuals.

All ACPE-approved courses are approved in Kansas for CE credit. Other courses must be submitted to the Board for approval and then are listed on an approved course list, which is available on our website. Courses approved by other state pharmacy boards are also approved in Kansas.

No. CE hours cannot be carried over to the next renewal period. Acquisition of CE begins the first day of the month following the renewal period.

Yes. CE hours are recorded in fractions of hours.

Beginning August 1, 2016, you must submit proof of completion (copy of your certificate) of any approved CE program to the Board within 30 days of completion, unless the course is listed on your CPE monitor. Certificates should be in PDF format on the letterhead of the provider and include the program title, the Kansas approved course number, the participant’s name, the number of credits earned by the participant, and the date completed. All courses on the CPE monitor are automatically reported to the Board. It is the licensee’s responsibility to verify that all CE (including hours that are supposed to appear on the CPE Monitor) have been received by the Board.

No credit shall be given for any certificate received by the board after the June 30 expiration date of each licensure period. Do not send originals to the Board office.

Yes. You are required to keep your CE records and certificate for any hours used to renew for up to five years. If you receive notice of CE Audit, you will be required to send legible copies of certificates, transcripts, or grade reports. Certificates should be in PDF format on the letterhead of the provider and include the program title, the Kansas approved course number, the participant’s name, the number of credits earned by the participant, and the date completed.

No. CE credit will not be given for any Board meeting attended after December 1, 2015.

No. All licensees are required to complete the requisite CE hours unless they are renewing their pharmacist license on inactive status. There is no inactive status for a technician.

After July 1, 2016, you must submit proof of completion (copy of your certificate) for any approved CE program not listed on your CPE monitor.

Certificates may be hand-delivered or submitted by mail to:

Kansas State Board of Pharmacy
800 SW Jackson, Suite 1414
Topeka, KS 66612

Emailed to pharmacy@ks.gov, or
Faxed to 785-296-8420.

In the future, certificates may also be uploaded to your Kansas Pharmacy eLicense account.

If you do not have a CPE monitor account, please visit the NABP website, create an account, and designate Kansas as a state that can access your CPE monitor. If you are licensed in multiple states, be sure to indicate that information on the CPE monitor.

No. As long as you gave Kansas permission to view your CPE monitor, the Board can access your CPE monitor directly and you do not need to submit any CE hours listed on your CPE monitor.

Yes, if the CE has been approved by that state’s Board of Pharmacy. Upon submission of your certificate of completion to the Kansas Board, please include the document or minutes granting CE approval in the state of origin.

There is no grace period for completion of CE hours, and no extensions will be granted. CE is not required while a license is on inactive status. However, continuing education will be required for reinstatement to active status.

Yes, but only if the following conditions are met:

1. The renewal application is timely submitted along with the renewal fee.
2. No grounds exist for denying renewal of your license other than you have not complied with the CE requirements fixed by the Board.
3. You will not engage in the practice of pharmacy in Kansas while on inactive status.

CE is not required while a license is on inactive status. However, CE will be required for reinstatement to active status.

Return the letter along with legible copies of all the CE hour certificates (or requisite hours) that are not available to Kansas on your CPE Monitor.

Yes, CE that you have earned and applied to your national certification renewal can also be used toward your state registration renewal.

No, you may complete CE approved for pharmacist or pharmacy technicians.

The candidate can apply after they achieve Foreign Pharmacy Graduate Examination Committee (FPGEC) Certification.  To obtain the FPGEC Certificate, the candidate must pass the FPGEE in addition to the Test of English as a Foreign Language (TOEFL) Internet-Based Test (iBT). Please contact NABP for additional information.

No. The candidate is responsible for arranging to obtain the 1740 hour internship in a hospital or retail pharmacy after obtaining an intern license.

No. The name on your license or registration must be your legal name.

• For individuals, complete Change in Name or Contact Info.
• For businesses, complete a new business application.

At this time, you cannot apply online, but all applications are available to print online. Individuals applying for a pharmacist license, pharmacy intern registration or pharmacy technician registration can download the appropriate application from our website www.pharmacy.ks.gov on our forms page and submit it to the Kansas Board of Pharmacy for processing. If you need an FD-258 Fingerprint card, you can print on white card stock or complete the FD-258 Fingerprint Card Order Form on the website to request one be mailed to you. Facilities will find the applications and ownership forms on the website as well.

Yes. You can hand deliver an application directly to our office, but you will need to have exact payment. We can’t process credit or debit payments, do not provide change, and will not refund overpayments. Fees are nonrefundable.

Most local police or sheriff departments maintain fingerprint cards (FD-258) in their office. However, the applicant will need to include the following required information on the fingerprint card or we will not receive your background report and you will have to re-complete the process (including an additional fee).

• ORI: KS920152Z KS BD of Pharmacy Topeka, KS
• Reason Fingerprinted: KS BD of Pharmacy KSA 65-1696

If you already have an application and need a fingerprint card or additional fingerprint card, please print on white card stock from our website or request one from the FD-258 Fingerprint Card Order Form on our website.

You can be fingerprinted at most law enforcement agencies, including your local sheriff’s office, police department, or correctional facility. The Kansas Bureau of Investigation will also do fingerprinting.

KBI/FBI background checks usually take about 10-14 business days after fingerprints are submitted to the KBI office by the Board.

The KBI/FBI background check costs $57 payable directly to the Board, which is nonrefundable. There may also be a small charge to be fingerprinted, depending on the fingerprinting location chosen.

Once an application has been processed and a license or registration has been issued, our License Verification site will be updated to show the license/registration has been issued. The online verification website will not show the status for applications that are incomplete or in-progress.

Completed pharmacy technician applications with no offense or criminal history take around two weeks to process. Processing time may be extended by incomplete items, criminal history, license verifications from other states, or delayed background checks. There is also a minimum 15-day processing for payment by personal check.

Business applications that are complete and do not require an inspection are usually processed within 30 to 45 days. Additional time may be added if the application is missing documents, needs an inspection, or has to be reviewed by the legal department.

The Board now requires all technicians registered after July 1, 2017 to pass a national certification examination by their first renewal. To differentiate technicians who need to pass the examination from those that don’t, the Board is issuing 24- registration numbers starting with techs issued January 1, 2019. Once a technician has passed either the PTCB or ExCPT certification examination, you must submit proof to the Board. Your registration number will then be updated to the 14- prefix. The six digits following will remain the same no matter the prefix.

Pharmacists licensed in other states may apply for reciprocal licensure in Kansas through the National Association of Boards of Pharmacy (NABP). Pharmacists licensed in Kansas may also be eligible for reciprocal licensure in other states and may apply through NABP.

There is no reciprocal registration for pharmacy technicians.

For individuals, complete Change in Name or Contact Info.

For businesses, updates can be provided through eLicense during renewal, by contacting the Board in writing, or by emailing pharmacy@ks.gov.

• Duplicates for lost or destroyed pocket cards can be obtained by completing Duplicate Pocket Card or by logging into the eLicense portal and printing.
• Duplicates for lost or destroyed wall certificates (pharmacist only) can be obtained by completing Duplicate Wall License and submitting it to the Board along with the $10.
• Businesses and Providers can sign into the eLicense portal at any time to reprint your certificate. 

Yes. The Board publishes all disciplinary actions, including suspensions and revocations, on our website.

• Individual Disciplinary Actions
• Facility Disciplinary Actions

No. It shall be unlawful for any person to function as a pharmacy technician in this state unless such person is registered with the board as a pharmacy technician. Incomplete and pending applications do not count as a valid registration. Thirty days is the timeframe a registered pharmacy technician has to notify us of changes in employment, residential address, email address, or legal name.

Proof of qualifying pharmaceutical experience outside of the intern’s regular school internship hours shall be evidenced by affidavits (Form S-400 Intern Experience Hours) filed with the Kansas State Board of Pharmacy. It is the intern’s responsibility to submit the completed affidavits to the Board office and maintain a copy of the affidavits for their own records. The affidavits should be signed by the pharmacy intern and the preceptor who supervised the intern hours. The supervising pharmacist must be a preceptor in order to sign the affidavit documenting the intern hours. According to K.A.R. 68-1-3a, a preceptor may supervise no more than two individuals who are pharmacy students or interns at any time and all hours must be worked when the pharmacy student or intern is in regular attendance. A pharmacist may become a preceptor after a minimum of two years in the active practice of pharmacy. If a pharmacist is interested in becoming a preceptor, please email the Board office at pharmacy@ks.gov.

If you are a pharmacist, you will need to complete the reciprocity process through NABP along with the LA-01R. Pharmacy technicians will use the LA-14 form. Average processing time is 2-3 weeks.

Yes. During the renewal period (generally 30-45 days prior to expiration), you can complete your renewal application and make payment online 24 hours a day, seven days a week from any location with Internet access. It only takes a few minutes and you will receive a confirmation when you finish, so you will know your renewal is complete. Most facilities should print their renewal certificate when the renewal is complete. Individuals will receive their renewed registration or license in the mail.

• There is no grace period for renewals. Licenses, registrations, and permits expire on the date printed on the printed license, registration, or permit, respectively.
• Expiration dates are also provided on the Board’s website under the license verification.
• Pharmacist licenses expire on June 30 at 11:59pm of the renewal year.
• Pharmacy technician registrations expire on October 31 at 11:59pm of the renewal year.
• Facility registrations expire on June 30 at 11:59pm of the renewal year.
• Retail dealer permits expire on February 28 at 11:59pm of the renewal year.

Yes! There is no grace period for completion of the CE requirements. When you submit your renewal application (online or by mail), you must certify that you have completed the requisite number of continuing educations hours during the prior licensing period. If the application has information which is contradicted by a CE audit, such statement may be considered an attempt to obtain a license by fraudulent means and a failure to meet the requirements for licensure and may result in disciplinary action.

A license or registration may be renewed on inactive status without the required CE hours. Please note that inactive status does not allow an individual to continue to practice pharmacy.

There is no grace period for renewals. Renewal applications must be hand-delivered, postmarked, or electronically time-stamped on or before the expiration date of the license, registration, or permit. All other renewals will be considered late, require payment of the late fee, and are not authorized to work, operate, or practice pharmacy until the renewal (and late fee) are submitted to the Board office.

Renewal applications for pharmacists and facilities hand-delivered, postmarked, or electronically time-stamped after the expiration date will be considered late and require payment of the late fee. Applicants are not authorized to work, operate or practice pharmacy until the renewal (and late fee) are submitted to the Board office.

A technician will need to re-apply if their registration has expired. 

The renewal application is usually open 30-45 days prior to the expiration date. A renewal reminder will be emailed around this time to the email address on record.

Licensees on inactive status are still required to timely renew their license and pay the renewal fee. Continuing education is not required while a license is on inactive status. However, continuing education will be required for reinstatement to active status.

A Virtual Manufacturer is an entity that engages in the manufacture of drug or device products for which it:

• Owns the NDA or ANDA number, if a prescription drug;
• Owns the UDI number, as available, for a prescription device;
• Contracts with a contract manufacturing organization for the physical manufacture of the drug or device product;
• Is not involved in the physical manufacture of the drug or device product; and
• At no time takes physical possession of, or stores, the drug or device product.

If the facility is only shipping products into Kansas that are manufactured at that specific facility into Kansas, register as a manufacturer.

If the facility is shipping products into Kansas manufactured at other facilities/locations, register as a distributor or a third party logistics provider (depending on whether or not the facility takes ownership).

1. A list of drug or device products it distributes;
2. A list of the NDA or ANDA numbers associated with each drug it distributes;
3. A list of the UDI numbers, as available, associated with each device it distributes;
4. The name and facility address of the contract manufacturer for each drug or device product it distributes;
5. Verification of current FDA registration for each contract manufacturing facility listed;
6. If the contract manufacturer distributes into Kansas, the wholesale distributor permit number for the contract manufacturer;
7. If the contract manufacturer does not distribute into Kansas, the name and Kansas wholesale distributor registration number for the entity that physically distributes the product into this State

The “Purple Book” lists FDA approved interchangeable biological products.

• K.S.A. 65-1626(jj)

The pharmacist must inform the patient or the patient’s representative and make a communication accessible to the prescriber with 5 business days.

• K.S.A. 65-1637(o) and K.S.A. 65-1637(g)(1)

Kansas compounding regulations went into effect in May 2018.

• K.A.R. 68-13-2, 68-13-3, and 68-13-4.

Over the counter (OTC) CBD oil is not FDA approved and cannot be used to compound. Epidiolex, a prescription only drug, is currently the only CBD product that can be used for compounding.

Please see the June 2019 Newsletter for additional information.

No.  The Board of Pharmacy has no jurisdiction over physicians, physician assistants, or advanced practice registered nurses and is unable to provide guidance on how to meet the practice requirements established by those licensing boards.

• Physicians & Physician Assistants – Kansas Board of Healing Arts
• Advanced Practice Registered Nurses – Kansas Board of Nursing

As for implementing USP<797> and establishing compounding procedures to follow federal guidelines, the Board of Pharmacy is unable to provide technical guidance or assistance outside of our jurisdiction and suggests engaging the services of a consultant.

CQI meetings must be held quarterly (every 90 days).

• K.A.R. 68-19-1

• Date of meeting
• Who attended
• Review and list all incident reports generated since last quarterly meeting
• What progressive preventative steps will be implemented to prevent future errors
• List of Board newsletter(s) reviewed since last CQI meeting
• Best practice is to utilize prescription numbers when identifying incident reports reviewed.
• CQI meeting reports must be made available to the Board for inspection.

K.S.A. 65-1695 and KAR 68-19-1

Any form may be used provided it includes all requirements of the statute and/or regulation. You may use the CQI Form provided by the Board and found under “Forms” on the Board website.

A pharmacist or pharmacist intern under the pharmacist’s direct supervision shall personally offer to counsel each patient or the patient’s agent with each new prescription dispensed, once yearly on maintenance medications and, if the pharmacist deems appropriate, with prescription refills.

Any pharmacist may authorize an exception to the verbal counseling requirement on a case-by-case basis for the continuation of therapy prescriptions issued more frequently than once yearly. K.A.R. 68-2-20(e)(1)

No. Only a pharmacist may offer to counsel.

• K.A.R. 68-2-20(c)

No. The prescription only gives the authority to dispense the vaccine, not to administer. Vaccine administration must be done pursuant to a protocol.

• K.S.A. 65-1626(b)(3) and K.S.A. 65.1635a(a)

Protocols are valid for a time specified by the protocol but not to exceed two years.

• K.S.A. 65-1626(www)

Protocols are between a doctor and a pharmacist, but one protocol may be used for the pharmacy provided each pharmacist signs the protocol.

Yes. A pharmacist may administer a vaccine at any location if not prevented by the protocol. All records need to be kept at the administering pharmacy.

No. A pharmacist may not delegate immunizations to anyone. If a registered nurse immunizes, the nurse must have his/her own protocol with a doctor. The registered nurse may not immunize under the pharmacist’s protocol.

• K.S.A. 65-1635a(c)

Records are to be kept 5 years for the Board. Be sure to keep protocols, certificates of training, and CPR documentation available for 5 years.

A pharmacy student, intern or pharmacy technician who is 18 years of age or older and working under the direct supervision and control of a pharmacist may administer influenza vaccine to a person six years of age or older and may administer vaccine, other than influenza vaccine, to a person 12 years of age or older pursuant to a vaccination protocol if the pharmacy student, intern or pharmacy technician has successfully completed a course of study and training, approved by the accreditation council for pharmacy or the board, in vaccination storage, protocols, injection technique, emergency procedures and recordkeeping and has taken a course in cardiopulmonary resuscitation (CPR) and has a current CPR certificate when administering vaccine.

• K.A.R. 65-1635a(a)

A sample Incident Report Form can be found on the Board website. Its use is not required, and pharmacies may use their own forms provided the requirements of K.A.R. 68-7-12b are met.

There are six (6) reportable incidents.

• The patient receiving the wrong drug
• The patient receiving an incorrect drug strength
• The patient receiving an incorrect dosage form
• The drug being received by the wrong patient
• Inadequate or incorrect packaging, labeling, or directions
• The dispensing of a drug to a patient in a situation that results in or has the potential to result in serious harm to the patient

K.A.R. 68-7-12b(c)

Yes. All pharmacy employees involved in the incident must sign the report and document registration or license number.

• K.A.R. 68-7-12b(c)(6)

Five (5) years.

• K.A.R. 68-7-12b(c)

Yes. They shall be conspicuously displayed in the place for which the registration or permit was granted.

• K.S.A. 65-1645(f)

Yes. The original license and renewal card of a pharmacist must be displayed in full view of the public at the pharmacist’s primary place of employment. The current registration card of a technician must be displayed in the area in which the technician works at their primary place of employment.

• K.S.A. 65-1641 and K.S.A. 65-1663(j)

Yes. The addresses may be covered so they are not visible to the public.

All pharmacists, interns, or technicians shall wear a visible nametag stating the wearer’s name and position while performing those functions. This applies to all pharmacy settings.

• K.A.R. 68-2-15

Each pharmacist, intern, and technician is responsible for complying with the regulations regarding the posting of their license or registration and wearing their name tag.

• K.S.A. 65-1641, KSA 65-1676(h), K.A.R. 65-1663(j), and K.A.R. 68-2-15

The protocol may be found on the Board’s website under Resources & Consumer Info. The pharmacist must read the protocol, sign the protocol, and send only the last page of the protocol to the Board office before dispensing. Full requirements are found in the cited statute and regulation.

• K.S.A. 65-16,127 and K.A.R. 68-7-23

No. If counseling/training is declined or refused, the emergency opioid antagonist shall not be dispensed.

• K.S.A. 65-16,127(d) and K.A.R. 68-7-23(d)(2)

K.A.R. 68-7-13 states “no pharmacist shall be a PIC of more than one full-time pharmacy which is defined as being one where the on-premises pharmacist services total 30 hours or more weekly.” A pharmacist could be a PIC at more than one pharmacy provided the required pharmacists’ services are less than 30 hours per week. A pharmacist may be a PIC at the same location where the facility has multiple registrations. For example, a pharmacist may be PIC at a non-resident pharmacy that is also applying for registration as an outsourcing facility.

The outgoing PIC must notify the Board no later than five (5) days after ceasing to be PIC. The notification must be made by either submitting section A of the PIC Change Form BA-50 to the Board office or completing the online PIC resignation option after logging into the pharmacist’s Board of Pharmacy eLicense account. The outgoing PIC must also inventory all controlled substances and drugs of concern, listed in K.A.R. 68-21-7(a) no more than two days prior to ceasing to be a PIC and no later than the day ceasing to serve as PIC.

• K.A.R. 68-2-5, K.A.R. 68-1-9

The PIC Change Form BA-50 may be mailed, emailed, or faxed to the Board office. Any mailed Form BA-50 must be postmarked no later than 5 days after the pharmacist’s last day as PIC.

If the outgoing PIC is unable to complete the final inventory or is terminated for a suspected or known violation of the Kansas pharmacy act, the pharmacy or facility owner shall request approval from the board to designate another pharmacist to conduct the inventory.

• K.A.R. 68-1-9(h)(4)

The pharmacy owner must obtain a new PIC with 30 days. If additional time is needed, the owner or authorized agent can complete section C of the PIC Change Form BA-50 and submit to the Board before the 30 days expires.

• K.A.R. 68-1-2a(c)(d)

• See K.A.R. 68-1-9 for responsibilities of ALL PICs
• For medical care facility specific responsibilities see K.A.R 68-7-11
• For a facility other than a medical care facility specific responsibilities see K.A.R 68-7-12
• Each pharmacist-in-charge shall be responsible for reviewing each published board newsletter and posting the newsletter in a conspicuous area within the pharmacy until publication of the next board newsletter.
  
  • It needs to be posted in an area where the staff can read it. It does not need to be posted for the public to read.
    
    • K.A.R. 68-1-9(g)

No. The PIC shall supervise the pharmacy on a full-time or part-time basis and shall be personally available to the extent required to ensure comprehensive pharmaceutical services within the pharmacy.

• K.S.A. 65-1626(xx) and K.A.R. 68-7-12(b)

The incoming PIC shall take a beginning inventory of ALL controlled substances and drugs of concern no more than two days after beginning to serve as the PIC and submit the completed PIC Change Form BA-50 to the Board.

The inventory may be taken simultaneously with the previous PIC on the last day of the previous PIC if both pharmacists are present in the pharmacy, actively participating in the inventory, and sign the inventory.

• K.A.R. 68-1-9

Each prospective PIC shall, at the time of assuming these duties, sign an acknowledgment that states the pharmacist has reviewed the pharmacy act and board’s regulations and is aware of the responsibilities of a pharmacist-in-charge and provide this acknowledgement to the board within 30 days of assuming the duties of PIC.

• K.A.R. 68-1-2a(b)

• M.D. or D.O.
  
  • An M.D. and a D.O. may write prescriptions for any drug regardless of their specialty. The Board of Healing Arts does not license specialties or practices. If the practitioner writes a prescription for a controlled substance, he or she must have a DEA number, and it must be on the prescription.
• Veterinarian
  
  • A DVM may write a prescription for any drug used to treat an animal. The prescription must indicate species of the animal being treated (equine/horse, canine/dog, feline/cat, etc.)
  • K.A.R. 70-7-1(l) & (m)
• Podiatrist
  
  • A podiatrist may prescribe drugs for the treatment of the foot.
• Dentist
  
  • A dentist may write prescriptions for any drug necessary for the practice of dentistry.
• Optometrist
  
  • An optometrist licensed with a therapeutic license may prescribe topical and oral drugs for the treatment of any insufficiency or abnormal condition of the human eye.
• Physician Assistant
  
  • A PA may prescribe pursuant to a protocol with an M.D. or D.O. If the prescribe a controlled substance, they must have their own DEA number and write it on the prescription. They must also include the name of their protocol/supervising physician on the prescription.
• Advanced Practice Registered Nurse
  
  • An APRN may prescribe durable medical equipment and prescribe any drug consistent with such licensee's specific role and population focus. If they prescribe a controlled substance, they must have a DEA number and it must be on the prescription.
• Naturopath
  
  • Naturopaths are prohibited from prescribing prescription drugs or controlled substances. A naturopathic doctor via a written protocol with an M.D. or D.O. may utilize the Naturopathic formulary found in K.A.R 100-72-8 to administer such drugs and substances.
• Chiropractor
  
  • Chiropractors are prohibited from writing prescriptions.
• Pharmacist
  
  • Pharmacists in the State of Kansas do not have prescriptive authority, therefore, prescriptions written by pharmacists in other states are not valid in Kansas
• Certified Nurse Midwife - I
  
  • A CNM-I does not require a collaborative practice agreement and may prescribe drugs and diagnostic tests (excluding abortion) when such clinical services are limited to those associated with a normal, uncomplicated pregnancy and delivery. K.S.A. 65-28b02(c); K.S.A. 65-28b10; K.A.R. 100-28b-1(q)-(r).
• Citations for the above are found in various practice acts of each profession. Many may be found in the Related Laws/Useful Information section in the Pharmacy Statutes and Regulations.

Prescriptions from the United States territories may be filled. The prescriptions must meet the prescription requirements of Kansas.

If the prescriber is unknown to the pharmacist, the pharmacist should make every reasonable effort to determine the authenticity of the prescription. Controlled substances must have a DEA number.

A pharmacist or pharmacy intern under pharmacist supervision may receive a new prescription.

• K.S.A. 65-1637(e)

The Board reviewed this question at their April 2023 meeting and has offered the following:

• For a noncontrolled substance prescription, the prescription may be filled or refilled until it either expires or runs out of refills.  This guidance is not intended to override the pharmacist’s ability to exercise professional judgement in deciding whether to fill or refill a prescription in this type of scenario.
• For a controlled substance prescription, the pharmacist must use their professional judgement and discretion in deciding whether to fill, or refill, the prescription.
• The prescription is eligible to be transferred to another pharmacy.  The pharmacist at the receiving pharmacy must use their professional judgement and discretion in determining whether they will receive the transfer or dispense the prescription.

Five (5) years. (Citations in various locations throughout the statutes and regulations.)

All prescriptions, invoices, inventories, power of attorney forms, immunization records (including training, CPR cards, and protocols), incident reports, CQI documentation, compounding records, access to daily printouts, signature logs, patient profiles, and any other record required to be maintained for five (5) years. This is not an exhaustive list.

“Readily retrievable” means that records kept in hard copy or by automatic data processing applications or other electronic or mechanized record-keeping systems can be separated out from all other records quickly and easily during an inspection or investigation, or within a reasonable time not to exceed 48 hours of a written request from the Board or other authorized agent.

• K.S.A. 65-1626(mmm)

Yes. The Kansas Board of Pharmacy (KBOP) is grouped into a category with other enforcement/regulatory agencies who are exempt from HIPAA.

• K.S.A. 65-1627(a)(15)

Listed are examples of some of the documents that must be maintained at the registered location and not sent to an off-site location (sometimes referred to as Central Record Keeping).

• All executed DEA 222 forms and controlled substance inventories
  
  • 21 C.F.R. 1304.04(b)(1)
• Prescriptions for all schedules of controlled substances (CII-V)
  
  • K.S.A. 65-4123(d)
    
    • Paper, oral, and facsimile prescriptions shall be maintained as a hard copy at the registered location.
• Incident Reports
  
  • K.A.R. 68-7-12b(c)
• Training records for all pharmacy personnel
  
  • K.A.R. 68-1-9(b) and K.A.R. 68-5-15(d)(2)
• Compounding records and corresponding formulation records for each sterile and nonsterile preparation
  
  • K.A.R. 68-13-3(n) and K.A.R. 68-13-4(t)
• Environmental records for sterile compounding
  
  • K.A.R. 68-13-4(ee)

No. To function as a pharmacy technician, the person must first be registered with the Board.

• K.S.A. 65-1663(a)

The pharmacist working with the technician is responsible for assigning tasks the technician has been trained to perform.

A registered pharmacy technician may receive a refill, renewal or order for continuation of therapy that contains no changes from the original prescription from a prescriber or transmitting agent if such registered pharmacy technician's supervising pharmacist has authorized that function.

A nationally certified pharmacy technician who has authorization from the supervising pharmacist may receive or transfer a valid refillable prescription for noncontrolled substances by means of automated computer pharmacy software or by fax of a transfer document created by the transferring pharmacy’s prescription processing software.

A technician is not permitted to perform judgmental functions.

• K.A.R. 68-2-20(b)(7), K.A.R. 65-1637(e), K.A.R. 68-7-19(i), and K.A.R. 65-1626(bbb)

Yes, technician training is required.

• K.A.R. 68-5-15

The ratio of pharmacy technicians to pharmacists in any pharmacy shall not exceed four to one (4:1). A pharmacist shall not supervise at any time more than two (2) pharmacy technicians who have not passed a certification examination approved by the Board.

This ratio includes all technicians under the pharmacist’s supervision in all locations.

• K.A.R. 68-5-16

No - The requirement for cancelling the face of CII prescriptions with the name of the pharmacist filling the prescription was removed from K.A.R. 68-20-19 effective June 2, 2023.

• The date issued if not already written may be added.
• The drug strength, quantity, and directions for use may be added or changed only after consulting with the prescriber or the prescriber’s agent.
• The prescriber’s DEA number may be added.
• A dosage form may be selected if one is not written.
• Such consultations and all information added and/or changed should be documented on the prescription by the pharmacist.
• The pharmacist is never permitted to make changes to the patient’s name, controlled substance prescribed (except for generic substitution permitted by state law), the prescriber’s signature, or any written date.

LTCF

• Yes. C-II prescriptions may be transmitted by the practitioner or the practitioner’s agent to the dispensing pharmacy by fax. The fax serves as the original prescription. The pharmacist shall record on the prescription if the patient is a LTCF patient.
• 21 C.F.R. 1306.11(f)

Hospice

• Yes. The C-II narcotic faxed prescription must indicate the patient is a hospice/terminally ill patient. The fax serves as the original prescription.
• 21 C.F.R. 1306-11(g)

Ambulatory

• The prescriber may fax in a C-II prescription, however the patient must present the original C-II prescription before the prescription is dispensed.
• K.A.R. 68-20-18(d)(2) and C.F.R. 1306.11(a)

The faxed prescriptions for controlled substances must be manually signed prior to faxing.

• K.S.A. 65-1637(c)(2) and 21 C.F.R. 1306.05(d)

• Yearly (no later than 375 days after the date of the previous inventory) and with Pharmacist in Charge (PIC) changes (outgoing and incoming PIC)
• All controlled substances and drugs of concern shall be inventoried on the same calendar date
• K.A.R. 68-20-16(b), K.A.R. 68-1-9(h)(2) & (3), and 21 C.F.R. 1304.11

• All on hand schedule II-V drugs and drugs of concern listed in K.A.R. 68-21-7.
  
  • Each of the following shall be classified as a drug of concern:
    
    1. Any product containing all three of these drugs: butalbital, acetaminophen, and caffeine;
    2. any compound, mixture, or preparation that contains any detectable quantity of ephedrine, its salts or optical isomers, or salts of optical isomers and is exempt from being reported to the statewide electronic logging system for the sale of methamphetamine precursors;
    3. any compound, mixture, or preparation that contains any detectable quantity of pseudoephedrine, its salts or optical isomers, or salts of optical isomers and is exempt from being reported to the statewide electronic logging system for the sale of methamphetamine precursors;
    4. promethazine with codeine; and
    5. any product, compound, mixture, or preparation that contains gabapentin.
• Do not forget to count and document any out of date (expired) controlled substances on the inventory.
• For retail pharmacies: This inventory must include will call bins, outdated drugs, C-V OTC drugs, and non-automated LTCF e-kits.
• For medical care facilities: This inventory must include automated drug dispensing systems, crash carts, med carts, emergency rooms, operating rooms, etc.
• Each required inventory of schedule II controlled substances and nonliquid dosage forms of other controlled substances and drugs of concern shall be taken by exact count.
• K.A.R. 68-20-16, 21 C.F.R. 1304.04(h), and 21 C.F.R. 1304.11

• It shall be maintained in legible, hard-copy format
• It shall include the following:
  
  • The date the inventory was conducted
  • The name, license or registration number, and signature of each individual participating in the inventory
  • Documentation of whether the inventory was taken before the opening of business or after the close of business.  If pharmacy is open 24 hours, the time that the count was taken shall be documented.
    
    • K.A.R. 68-20-16(e)

• Each prescription issued is for a legitimate medical purpose by an individual practitioner acting in the usual course of his/her profession.
• The individual practitioner must provide written instructions on each prescription indicating the earliest date on which a pharmacy may fill each prescription.
• The total of all prescriptions does not exceed a ninety (90) day supply.
• 21 C.F.R. 1306.12

No. Federal regulations have always required that all prescriptions for controlled substances “be dated as of, and signed on, the day when issued”.

• 21 C.F.R. 1306.05(a)

No. A pharmacist may not fill a prescription prior to a prescriber’s earliest fill date for that prescription.

• 21 C.F.R. 1306.14(e)

Yes. Any prescription for a schedule II controlled substance may be partially filled at the request of the patient or the prescriber who wrote the prescription. The pharmacist shall not fill or partially fill any remaining portions of the prescription more than 30 days after the date the prescription was written, except if the patient is in a Long Term Care Facility or has a documented terminal illness then the schedule II prescription shall be valid for partial filling for 60 days from the day the prescription was issued.

The total quantity of schedule II controlled substances dispensed in all partial fillings shall not exceed the total quantity prescribed

• K.A.R. 68-20-19(b)(2) & (3) and 21 C.F.R. 1306.13(b)

Yes. Partial filling of a prescription for a controlled substance listed in Schedule III, IV, or V is permissible under federal regulations provided that each partial filling is dispensed and recorded in the same manner as a refilling (i.e. date refilled, amount dispensed, initials of dispensing pharmacist, etc). The total quantity dispensed in all partial fillings cannot exceed the total quantity prescribed, and no dispensing occurs after six (6) months after the date of issue for the prescription.

• K.A.R. 68-20-20(c) and 21 C.F.R. 1306.23

There is no federal or state limit as to the amount of controlled substances a practitioner can legitimately prescribe. However, if a registered practitioner issues multiple CII prescriptions, he/she is limited to a 90-day supply of a particular CII controlled substance.

• 21 C.F.R. 1306.12

Controlled substances prescribed for weight loss are the only prescriptions with a quantity limit. The Board of Healing Arts limits each prescription to a 30-day supply. Amphetamines may not be prescribed for the treatment of obesity.

• K.A.R. 100-23-1(d)

No. The prescriber may prescribe more than the allowable OTC limit, however it must be reported to K-TRACS as a drug of concern.

• K.A.R. 68-21-2(a)(1) and K.A.R. 68-21-7

No. An individual patient may not return his/her unused controlled substance prescription medication to the pharmacy. The patient may drop his/her unwanted controlled substances in a DEA Drop Box at a participating pharmacy or law enforcement agency. To find a list of drop boxes, please visit the Drug Disposal Locator.

• K.A.R. 68-12-2

Any employee becoming aware of diversion should report it immediately.

• 21 C.F.R. 1301.91

DEA Form 106. The report must be submitted to the DEA and to the Board of Pharmacy.

• K.A.R. 68-20-15b and 21 C.F.R. 1301.76(b)

Either the pharmacist in charge (PIC) or the pharmacy owner shall notify the Board in writing within one day of any suspected diversion, theft, or loss of any controlled substance and, upon completion, shall provide the Board with a copy of the completed DEA Form 106.

• K.A.R. 68-20-15b

The DEA does not permit pharmacies to transfer “on-hold” controlled prescriptions that have been received by facsimile, verbally, or handwritten methods. The DEA has issued a statement allowing pharmacies to forward “on hold” schedule II-V electronic prescriptions from one pharmacy to another only if it can be accomplished by electronic forwarding of the EPCS prescription.

Controlled substance prescriptions can be transferred for the purpose of refills only for CIII-V prescriptions.

• 21 C.F.R. 1306.25

• As stated by the Board of Healing Arts, a physician may not prescribe more than a 30-day supply of a controlled substance, at one time, to treat obesity (i.e. phentermine, Qsymia®)
  
  • K.A.R. 100-23-1(d)
• Amphetamines may not be prescribed for the treatment of obesity
  
  • K.A.R. 100-23-1(a)
• Contrave® and Saxenda® are not controlled substances and may have refills.