Kan. Admin. Regs. § 68-20-18 - Information concerning prescriptions
(a) Any
prescription for a controlled substance may be filled by a pharmacist if the
prescription has been issued by a prescriber who meets the following
requirements:
(1) Is legally authorized to
prescribe controlled substances in Kansas or is authorized by the laws of
another state; and
(2) is either
registered or exempted from registration under
K.S.A.
65-4116 or
K.S.A.
65-4117 and amendments
thereto.
(b)
(1) To be valid, a prescription for a
controlled substance shall be issued for a legitimate medical purpose by a
prescriber acting in the usual course of professional practice. The
responsibility for the proper prescribing and dispensing of controlled
substances shall rest with the prescriber, but a corresponding responsibility
shall rest with the pharmacist who fills the prescription. The individual
filling an unlawful prescription, as well as the individual issuing it, shall
be subject to the penalties provided for violations of the provisions of the
act.
(2) A pharmacist shall not
fill a prescription for a controlled substance or drug of concern for office
use. However, any pharmacist may document on an invoice any distribution of
controlled substances or drugs of concern made to a registrant.
(3) A prescription shall not be issued for
the dispensing of narcotic drugs listed in any schedule to a narcotic
drug-dependent individual for the purpose of continuing dependence upon these
drugs, except as allowed by 21 C.F.R.
1306.07(d), as in effect on
November 2, 2020, or in the course of conducting an authorized clinical
investigation in the development of a narcotic addict rehabilitation
program.
(c)
(1) To be valid, a prescription for a
controlled substance shall not be issued on a prescription blank that is
preprinted or rubber-stamped with the name of a propriety preparation or with
the strength, quantity, or directions.
(2) Each prescription for a controlled
substance shall meet the following requirements:
(A) Be dated and signed on the date
issued;
(B) bear the following
information:
(i) The full name, address, and
DEA registration number of the prescriber;
(ii) the name and address of the
patient;
(iii) the drug name,
strength, dosage form, quantity prescribed, and directions for use;
and
(iv) if applicable, the
identification number issued by the DEA or a written notice of action under the
good faith exception pursuant to
21 C.F.R.
1301.28(e), as in effect on
November 2, 2020, for a prescription for a schedule III, IV, or V narcotic drug
approved by the FDA specifically for detoxification or maintenance treatment;
and
(C) be written with
ink, indelible pencil, or typewriter or be printed on a computer
printer.
(3) A prescriber
shall manually sign a paper prescription in the same manner as that individual
would sign a check or legal document. Each electronic prescription shall be
issued and signed in accordance with
21 C.F.R.
1311.120(b)(9) and (b)(11),
21 C.F.R. 1311.135(a) and (c),
21 C.F.R.
1311.140, and
21 C.F.R. 1311.145, as in effect
on February 1, 2022, which are hereby adopted by reference.
(4) Any prescription may be prepared by an
agent for the signature of a prescriber, but the prescriber shall be
responsible if the prescription does not conform in all essential respects to
the state and federal law and regulations. A corresponding liability shall rest
upon the pharmacist who fills a prescription that is not prepared in the form
prescribed by this regulation.
(5)
Each intern, resident, foreign physician, or foreign medical graduate exempted
from registration under
K.S.A.
65-4116, and amendments thereto, shall
include on all prescriptions issued the registration number of the hospital or
other institution and the special internal code number assigned to the intern,
resident, foreign physician, or foreign medical graduate by the hospital or
other institution as provided in
K.A.R.
68-20-10. This requirement shall be in lieu
of the registration number of the prescriber required by this subsection. Each
prescription shall have the name of the intern, resident, foreign physician, or
foreign medical graduate stamped or printed on it, as well as the signature of
the prescriber.
(6) Each official
exempted from registration under
K.A.R.
68-20-10 shall include on all prescriptions
issued the official's branch of service or agency and the service
identification number. This requirement shall be in lieu of the registration
number of the prescriber otherwise required by this subsection. The service
identification number for a public health service employee shall be that
individual's social security identification number. Each prescription shall
have the name of the officer stamped or printed on it, as well as the signature
of the officer.
(7) Any controlled
substance prescription in schedules III through V may be issued as a paper or
electronic prescription or transmitted by a prescriber or the prescriber's
designated agent to a pharmacy by oral or facsimile transmission. Except as
authorized by
K.A.R.
68-2-22, each nonpaper prescription order
shall be reduced to hard copy as soon as the order is reviewed by the
pharmacist. The hard copy reduction shall include all information required by
this regulation, except for the signature of the prescriber in the case of an
oral transmission, and, if transmitted by other than the prescriber, shall bear
the first name and last name of the person so transmitting the prescription.
Each prescription sent by facsimile transmission shall be transmitted directly
from the prescriber or the prescriber's designated agent to the pharmacy and
shall contain a header identifying the sender of the prescription.
(8) Any controlled substance prescription in
schedule II may be issued as a paper or electronic prescription. Each
prescription for a schedule II controlled substance transmitted to a pharmacy
by oral or facsimile transmission shall be dispensed in accordance with
21 C.F.R.
1306.11 and
K.A.R.
68-20-19. Each prescription sent by facsimile
transmission shall be transmitted directly from the prescriber or the
prescriber's designated agent to the pharmacy and shall contain a header
identifying the sender of the prescription.
(9) Any pharmacist may fill multiple
prescriptions issued by a prescriber authorizing the patient to receive up to a
90-day supply of a schedule II controlled substance if all of the following
conditions are met:
(A) Each separate
prescription is issued for a legitimate medical purpose by a prescriber acting
in the usual course of professional practice.
(B) The prescriber provides written
instructions on each prescription other than the first prescription, if the
prescriber intends for the first prescription to be filled immediately,
indicating the earliest date on which the prescription may be filled.
(C) The prescriber concludes that providing
the patient with multiple prescriptions does not create an undue risk of
diversion or abuse.
(D) Each
separate prescription meets all requirements for a schedule II controlled
substances prescription, including being dated and signed on the date
issued.
(d) A
prescription for controlled substances shall be filled only by the following
individuals:
(1) A pharmacist acting in the
usual course of professional practice in a registered pharmacy, hospital drug
room, or other registered place of employment; or
(2) a pharmacist intern acting under the
direct supervision of a pharmacist.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.