Volume 44 - Issue 33 - August 14, 2025

State of Kansas

Board of Pharmacy

Permanent Administrative Regulations

Article 7.—MISCELLANEOUS PROVISIONS

68-7-10. Emergency medication kits in long-term care facilities. (a) Each of the following terms, as used in this regulation, shall have the meaning specified in this subsection:

(1) “Automated drug delivery system” means an automated dispensing system, as defined by K.S.A. 2023 Supp. 65-1626, and amendments thereto, that is located in a long-term care facility, uses a robotic, mechanical, or computerized device to supply each drug to an individual licensed by the board of healing arts or the board of nursing, who shall administer the drug to a patient, and meets the requirements of K.A.R. 68-9-3.

(2) “E-kit” means an emergency medication kit.

(3) “Recognized technician” means a pharmacy technician who has passed a certification examination approved by the board in accordance with K.A.R. 68-5-17.

(b) Each pharmacist providing consulting services for a long-term care facility shall ensure that each e-kit contains only the drugs that are generally regarded by practitioners as essential to the prompt treatment of sudden and unforeseen changes in a patient’s condition that present an imminent threat to the patient’s life or well-being. Each pharmacy that supplies an e-kit to a long-term care facility shall have a written agreement that states:

(1) Drugs in the e-kit shall be used for administration in emergency situations and not for routine care.

(2) The e-kit contents shall only be administered by authorized personnel acting on the order of a prescriber which includes compliance with 21 C.F.R. 1306.11 and 21 C.F.R. 1306.21 for controlled substances.

(c) Each pharmacist providing consulting services for the long-term care facility shall ensure that the long-term care facility has policies and procedures that meet the following requirements:

(1) Each pharmacy supplying an e-kit shall retain ownership of each drug until it is administered to the patient pursuant to the order of a prescriber.

(2) If the e-kit is not in an automated drug delivery system,

(A) The e-kit shall be locked or sealed in a manner that indicates when the e-kit has been opened or tampered with; and

(B) within 96 hours after the e-kit has been opened, a pharmacist or a recognized technician shall audit each drug in the e-kit.

(3) If the e-kit is in an automated drug delivery system, the pharmacy shall audit the e-kit at least once every month.

(4) The e-kit shall be securely locked in a sufficiently well-constructed cabinet, closet, or cart according to the pharmacist-in-charge’s professional judgment or in an automated drug delivery system, with drugs properly stored according to the manufacturer’s recommendations.

(5) Each nurse identified by the pharmaceutical services committee, or its equivalent, may access the e-kit in accordance with a prescriber’s order.

(d) Each automated drug delivery system shall be registered and operated by a pharmacy located in Kansas.

(e) The pharmacist-in-charge or owner shall ensure the following e-kit requirements are met:

(1) The e-kit shall have an expiration date equivalent to the earliest expiration date of any drugs within the kit.

(2) At least once every six months, the pharmacist-in-charge or a pharmacist or recognized technician designated by the pharmacist-in-charge shall conduct an audit of each drug placed in the e-kit. Documentation of the audit shall be maintained in a readily retrievable format for a period of at least five years. (Authorized by K.S.A. 65-1630; implementing K.S.A. 2024 Supp. 65-1637, K.S.A. 65-1642, and K.S.A. 65-1648; effective May 1, 1978; amended May 1, 1983; amended Sept. 9, 1991; amended Aug. 19, 2016; amended Jan. 4, 2019; amended Aug. 29, 2025.)

68-7-10a. Pharmacy based drug dispensing systems in a facility. (a) Each of the following terms, as used in this regulation, shall have the meaning specified in this subsection:

(1) “Facility” means any of the following:

(A) Crisis intervention centers, as defined in K.S.A. 39-2002, and amendments thereto;

(B) Long-term care facility, as defined in K.A.R. 68-9-3; and

(C) Psychiatric hospital, as defined in K.S.A. 39-2002, and amendments thereto.

(2) “Out-of-house pharmacy” means a pharmacy providing services to a facility at a different location.

(b) Each out-of-house pharmacy shall create and implement policies and procedures for dispensing drugs to the residents of a facility.

(c) Drugs and devices dispensed to the resident of a facility shall be:

(1) Provided within a time period that meets the needs of the patient, considering the following factors:

(A) the need for the drug as an emergency;

(B) the availability of the drug; and

(C) the stability of the drug.

(2) delivered safely to a designee of the facility;

(3) packaged in a unit-dose container or blister package unless the drug manufacturer specifies a different type of packaging. The packaging shall meet the requirements of K.A.R. 68-7-15 and 68-7-16; and

(4) filled or refilled pursuant to the original prescription or medication order, or a copy thereof.

(A) Each medication order shall expire either pursuant to the facility’s stop order policy, pursuant to the prescriber’s order, or after one year, whichever is less.

(B) Each medication order received from the facility shall be dispensed as a prescription order and shall meet the requirements of subsections (a)(1)(A) through (a)(1)(E), (a)(1)(G), and (a)(1)(H) of K.A.R. 68-2-25, except as outlined in subsection (c)(4)(C).

(C) Controlled substances shall only be dispensed pursuant to a prescription received from a prescriber.

(d) No out-of-house pharmacy providing services to a facility shall package medication for another pharmacy unless shared services are utilized.

(e) No out-of-house pharmacy shall change the packaging of a medication dispensed by another pharmacy.

(f) Dispensed controlled substances shall not be returned to the pharmacy.

(g) Dispensed drugs returned to the pharmacy shall not be redispensed if the drugs were removed from the packaging at the facility or comingled with other drugs. (Authorized by K.S.A. 65-1630; implementing K.S.A. 2024 Supp. 65-1637 and K.S.A. 65-1642; effective Aug. 29, 2025.)

Article 20.—CONTROLLED SUBSTANCES

68-20-32. (Authorized by and implementing K.S.A. 65-4102; effective, T-68-7-17-23, July 17, 2023; effective Oct. 27, 2023; revoked Aug. 29, 2025.)

68-20-33. (Authorized by and implementing K.S.A. 65-4102; effective, T-68-10-10-23, Oct. 10, 2023; effective Jan. 12, 2024; revoked Aug. 29, 2025.)

Article 21.—PRESCRIPTION MONITORING PROGRAM

68-21-2. Electronic reports. (a) Except as specified in subsections (d), (e), and (f) each dispenser shall file a report with the board for each scheduled substance and drug of concern sold in Kansas or to an address in Kansas. This report shall be submitted by the end of the next business day from the day that the drug is sold.

(b) Except as specified in subsections (c), (d), (e), and (f), each dispenser that does not dispense scheduled substances or drugs of concern in Kansas or to an address in Kansas during the reporting period specified in subsection (a) shall file a zero report with the board. Each zero report shall be filed by the end of the next business day.

(c) Any dispenser that meets the following conditions may submit a written request to the board for an exemption from subsection (b):

(1) The dispenser does not monthly dispense more than 10 prescriptions for scheduled substances and drugs of concern in Kansas or to an address in Kansas.

(2) The dispenser is unable to automate submission of a zero report.

(d) Any medical care facility, as defined by K.S.A. 65-1626, and amendments thereto, may submit a written request to the board for an exemption from subsections (a) and (b) if the medical care facility provides an interim supply of a scheduled substance or drug of concern to an outpatient on an emergency basis and the interim quantity does not exceed a 48-hour supply and, as described in K.A.R. 68-7-11(d)(2)(B), is limited to an amount sufficient to supply the outpatient’s needs until a prescription can be filled in accordance with K.A.R. 68-7-11. This exemption shall apply only to the outpatient emergency interim supply of drugs and not to other outpatient dispensing or supply activities of the medical care facility.

(e) Any dispenser that does not dispense scheduled substances or drugs of concern in Kansas or to an address in Kansas may submit a written request to the board for an exemption from subsections (a) and (b) if both of the following conditions are met:

(1) The dispenser has submitted the required reports for at least three months or has provided three months of dispensing records to the board.

(2) The request is accompanied by the following:

(A) If the dispenser is a nonresident pharmacy, a list of states in which the pharmacy is registered;

(B) the current prescription monitoring program reporting status in each state in which the dispenser is registered; and

(C) a copy of any written reprimand, censure, or other disciplinary action related to prescription monitoring program reporting that the dispenser has had in any state, district, or territory.

(f) Any dispenser may submit a written request to the board for an exemption from subsections (a) and (b) of this regulation for each scheduled substance or drug of concern that is only dispensed to inmates at a correctional institution as defined by K.S.A. 75-5202, and amendments thereto, which do not exceed a 24-hour supply and are solely intended for administration to the inmates.

(g) Each dispenser or pharmacy that no longer meets the criteria for exemption specified in subsection (c), (d), (e) or (f) shall notify the board and begin submitting reports within seven days.

(h) Each exemption issued by the board shall expire annually on August 31.

(i) Each report required to be submitted pursuant to subsection (a) shall be submitted by secure file transfer protocol in the electronic format established by the American society for automation in pharmacy, dated no earlier than 2020, version 4, release 2b.

(j) Each dispenser shall correct any reporting error within seven days of discovering the error or being notified of the error by the board or the board’s designee. (Authorized by K.S.A. 65-1692; implementing K.S.A. 2024 Supp. 65-1683; effective Oct. 15, 2010; amended April 15, 2011; amended Aug. 13, 2014; amended June 2, 2023; amended Aug. 29, 2025.)

Erick Axcell, Pharm D
President
Board of Pharmacy

Doc. No. 053403