Kan. Admin. Regs. § 68-20-19 - Controlled substances listed in schedule II
(a)
(1) A pharmacist shall dispense a controlled
substance listed in schedule II that is a prescription-only drug only pursuant
to a signed prescription issued in accordance with
K.A.R.
68-20-18, except as provided in paragraph
(a)(4).
(2) A prescription under
the provisions of paragraph (a)(1) shall not be filled in either of the
following circumstances:
(A) More than 90 days
after the original date of issue appearing on the prescription; or
(B) before or after any date specified on the
prescription by the prescriber.
(3)
(A) For
an emergency, as defined by paragraph (a) (4), a pharmacist may dispense a
controlled substance listed in schedule II upon receiving the oral
authorization of a prescriber, if all of the following requirements are met:
(i) The quantity prescribed and dispensed
shall be limited to the amount adequate to treat the patient during the
emergency period. Dispensing beyond the emergency period shall be pursuant to a
signed prescription issued in accordance with
K.A.R.
68-20-18.
(ii) The prescription shall be immediately
reduced to a hard copy by the pharmacist and shall contain all information
required under
K.A.R.
68-20-18 except for the signature of the
prescriber.
(iii) If the prescriber
is not known to the pharmacist, the pharmacist shall make a reasonable effort
to determine that the authorization came from the prescriber, which may include
a call back to the prescriber, using the prescriber's phone number as listed in
the telephone directory or other good faith efforts to ensure the prescriber's
identity, or both.
(iv) Within
seven days after authorizing an emergency prescription drug order, the
prescriber shall cause a written or electronic prescription drug order for the
emergency quantity prescribed to be delivered to the dispensing
pharmacist.
(B) In
addition to meeting the requirements of
K.A.R.
68-20-18, the prescription drug order shall
have written on its face "Authorization for Emergency Dispensing" and the date
of the prescription drug order.
(C)
The written or electronic prescription drug order shall be delivered to the
pharmacist in person within seven days of authorization or, if the written
prescription is delivered by mail, it shall be postmarked within the seven-day
period.
(D) Upon receipt, the
dispensing pharmacist shall attach this written prescription drug order to the
pharmacist's record of the emergency prescription drug order. For each
electronic prescription, the dispensing pharmacist shall annotate the record of
the electronic prescription with the original authorization and date of the
oral order.
(E) The pharmacist
shall notify the nearest office of the U.S. drug enforcement administration
(DEA) if the prescribing practitioner fails to deliver a written or electronic
prescription drug order to the pharmacist. Failure of the pharmacist to notify
the DEA shall void the authority conferred by this regulation to dispense
without a written or electronic prescription of a
prescriber.
(4) For the
purposes of authorizing a prescription of any controlled substance listed in
schedule II of the federal or state uniform controlled substances act, the term
"emergency situation" shall mean any situation in which the prescriber
determines the following:
(A) That immediate
administration of the controlled substance is necessary for proper treatment of
the intended ultimate user;
(B)
that no appropriate alternative treatment is available, including
administration of a drug that is not a controlled substance under schedule II
of the act; and
(C) that it is not
reasonably possible for the prescriber to provide a written prescription to be
presented, before dispensing, to the pharmacist dispensing the
substance.
(b)
The partial filling of a prescription for any controlled substance listed in
schedule II shall be permissible, only as provided in this subsection.
(1) Whenever the pharmacist is unable to
supply the full quantity called for in a written, electronic, or emergency
prescription and the pharmacist makes a notation of the quantity supplied on
the face of the written prescription, written record of the emergency
prescription, or electronic prescription record, the pharmacist shall perform
the following:
(A) Fill the remaining portion
of the prescription within 72 hours of the first partial filling or, if the
remaining portion cannot be filled within the 72-hour period, the pharmacist
shall notify the prescriber of the situation; and
(B) supply no further quantity beyond 72
hours without a new prescription.
(2) Prescriptions for schedule II controlled
substances for patients in a long-term care facility (LTCF) or for a patient
with a medical diagnosis documenting a terminal illness may be filled in
partial quantities, including individual dosage units, as provided in this
subsection. The pharmacist shall record on the prescription whether the patient
is "terminally ill" or an "LTCF patient."
(A)
The total quantity of schedule II controlled substances dispensed in all
partial fillings shall not exceed the total quantity prescribed.
(B) These schedule II prescriptions shall be
valid for partial filling for a period not to exceed 60 days from the issue
date of the prescription unless terminated sooner by the discontinuance of
medication.
(3) 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 as provided by paragraphs (b)(1) and (2). The total quantity of schedule
II controlled substances dispensed in all partial fillings shall not exceed the
total quantity prescribed.
(c) Each pharmacist filling a written or
emergency prescription for a controlled substance listed in schedule II shall
ensure that a label that meets the requirements of
K.A.R.
68-7-14 and
21 C.F.R.
290.5 is affixed to the package.
(d) All written prescriptions, electronic
prescriptions, and written records of emergency prescriptions shall be kept in
accordance with
K.A.R.
68-20-16.
Notes
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