Issue 18 - 04-30-2026 | Kansas Legislature

Volume 45 - Issue 18- April 30, 2026

State of Kansas

Secretary of State

Certification of New State Laws

I, Scott Schwab, Secretary of State of the State of Kansas, do hereby certify that the following bill is a correct copy of the original enrolled bill now on file in my office.

Scott Schwab
Secretary of State

(Published in the Kansas Register April 30, 2026.)

House Bill No. 2068

An Act concerning pharmacists and pharmacy; allowing a pharmacy to employ certain remote workers to engage in the remote practice of pharmacy; providing for the supervision and duties of remote pharmacy workers; permitting a pharmacist to initiate therapy for certain conditions consistent with the pharmacist’s education, training and experience; adding pharmacists who initiate such therapy to the healthcare stabilization fund; allowing for a 90-day emergency supply of a noncontrolled prescription drug to be filled when no refills remain; adopting the United States pharmacopeia compounding standards under the pharmacy act of the state of Kansas; removing the authority of the state board of pharmacy to authorize individuals to access the program database as delegates by rules and regulations; amending K.S.A. 40-3402 and 65-1637e and K.S.A. 2025 Supp. 65-1626a, 65-1682 and 65-16,131 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

New Section 1. (a) As used in this section:

(1) “Employ” means the same as defined in K.S.A. 44-1202, and amendments thereto.

(2) “Employing pharmacy” means a pharmacy that employs a remote worker and receives tangible work product from such remote worker.

(3) “Remote practice of pharmacy” or “remote practice” means the practice of pharmacy conducted at any location other than an employing pharmacy.

(4) “Remote worker” means a pharmacist, pharmacist intern or pharmacy technician who is engaged in the remote practice of pharmacy.

(5) “Pharmacy intern” means the same as defined in K.S.A. 65-1626(zz), and amendments thereto.

(b) Any pharmacy may employ a remote worker to engage in the remote practice of pharmacy, provided that all requirements of this act are met.

(1) The pharmacist-in-charge shall ensure that the pharmacy displays a notice of remote work on the premises of the pharmacy if such pharmacy employs remote workers.

(2) Each pharmacy owner and pharmacist-in-charge shall ensure that all records required by the pharmacy act of the state of Kansas are maintained for a period of five years by the employing pharmacy and that such records are stored under the employing pharmacy’s direct control.

(3) Each pharmacy owner and pharmacist-in-charge shall maintain a record of each remote worker that was engaged in the remote practice of pharmacy for the last two years. The record shall include the following:

(A) The first and last name of the remote worker;

(B) the license, registration or permit number of such remote worker;

(D) the current contact information of the remote worker.

(4) Personally identifying information collected under paragraph (3), such as a remote worker’s address and phone number, shall be confidential and not be subject to the open records act, K.S.A. 45-215 et seq., and amendments thereto. The provisions of this paragraph shall expire on July 1, 2031, unless the legislature reviews and reenacts this provision pursuant to K.S.A. 45-229, and amendments thereto, prior to July 1, 2031.

(5) Each pharmacy owner, pharmacist-in-charge and remote worker engaged in the remote practice of pharmacy shall ensure the following:

(A) Each remote practice area is free from third-party interference or observation;

(B) each remote work device used to engage in the remote practice of pharmacy shall:

(i) be provided and maintained by the employing pharmacy;

(ii) be configured and properly equipped to engage in the remote practice of pharmacy and be secure from unauthorized access; and

(iii) have the ability to maintain all prescription and patient information in a manner that protects the integrity and confidentiality of such information; and

(C) all communication to any third-party outside the employing pharmacy is made on a remote work device that complies with paragraph (B).

(c) Each pharmacy owner and pharmacist-in-charge of a pharmacy that employs remote workers shall maintain a written policy and procedure manual. Each pharmacist-in-charge shall review, update and revise such manual, at minimum, annually and as necessary to ensure the manual remains up-to-date. Documentation of such review shall be maintained at the pharmacy.

(1) The policy and procedure manual shall include the following:

(A) Procedures for the operation of the remote practice of pharmacy;

(B) maintenance of security for remote work devices;

(C) procedures to ensure that the remote practice of pharmacy is conducted in a manner in which patient privacy and confidentiality are maintained, including provisions that patient information shall not:

(i) Be printed at a remote practice area;

(ii) exist in any nonelectronic format at a remote practice area; and

(iii) exist in any electronic format except on a remote work device that complies with subsection (b)(4)(B);

(D) an acknowledgment that a physical or virtual inspection may be conducted by the board or the employing pharmacy at any location where each remote worker engages in remote practice;

(E) procedures for routine audits of a remote worker’s activity;

(F) procedures to ensure compliance with an ongoing continuous quality improvement program pursuant to K.S.A. 65-1695, and amendments thereto, review of incident reports and necessary training or education of remote workers in response to any incident;

(G) procedures to ensure that the employing pharmacy maintains an updated list of each remote worker engaged in the remote practice of pharmacy. The list shall include each remote worker’s name and current contact information;

(H) procedures for any pharmacist intern or pharmacy technician engaged in the remote practice of pharmacy to contact a supervising pharmacist;

(I) procedures for any pharmacist intern or pharmacy technician to follow if a supervising pharmacist is no longer able to supervise.

(2) Before engaging in the remote practice of pharmacy, each pharmacist intern, shall complete the first year of pharmacy school and be in good standing.

(3) Each pharmacy technician shall complete the following education, experience and training before engaging in the remote practice of pharmacy:

(A) At least 240 clock hours of training in the pharmacy either with the current pharmacist-in-charge or the pharmacist-in-charge’s designee;

(B) an acknowledgment of understanding of the policy and procedure manual for the remote practice of pharmacy; and

(4) Each pharmacist-in-charge shall ensure that each pharmacist intern has completed the requirements in subsection (c)(2) before engaging in the remote practice of pharmacy.

(5) The pharmacy owner and the pharmacist-in-charge shall ensure that documentation of the requirements of subsection (b)(2) through (3) is maintained at the pharmacy for each pharmacist intern and pharmacy technician engaged in remote practice. Each pharmacist intern or pharmacy technician engaged in remote practice shall be supervised by a pharmacist working in the pharmacy’s physical location or a pharmacist engaged in remote practice.

(6) Supervision conducted in accordance with this subsection shall constitute direct supervision.

(d) A pharmacist actively engaged in the remote practice of pharmacy shall not perform any of the following:

(1) Handling or possessing any drug or device owned by the pharmacy;

(2) packaging or prepackaging; and

(3) compounding, dispensing or labeling.

(e) Any pharmacist intern or pharmacy technician engaged in the remote practice of pharmacy may perform the following:

(1) The prescription process; and

(2) send communications and requests to prescribers through automated methods.

(f) Any pharmacist intern or pharmacy technician engaged in the remote practice of pharmacy may, if supervised, perform the following:

(1) Contact prescribers or prescriber offices;

(2) contact patients for clarification of personal data and payment processing information; and

(3) transfer a prescription.

(g) A pharmacist engaged in the remote practice of pharmacy may supervise a pharmacist intern or pharmacy technician engaged in the remote practice of pharmacy in accordance with the technician-to-pharmacist ratio specified by K.A.R. 68-5-16, but shall not supervise any pharmacist intern or pharmacy technician located in the pharmacy.

(h) This section shall not apply to medical care facility pharmacies or medical care facility pharmacy personnel.

(i) Nothing in this act shall affect the requirements or allowances in K.A.R. 68-22-1 through 68-22-5.

(j) Hours spent in the remote practice of pharmacy by a pharmacist intern shall not count towards the intern hours required by the board unless the supervising pharmacist is continuously present and observing the intern by video and audio link.

(k) This section shall be a part of and supplemental to the pharmacy act of the state of Kansas.

Sec. 2. K.S.A. 40-3402 is hereby amended to read as follows: 40-3402. (a) Prior to January 1, 2022, a policy of professional liability insurance approved by the commissioner and issued by an insurer duly authorized to transact business in this state in which the limit of the insurer’s liability is not less than $200,000 per claim, subject to not less than a $600,000 annual aggregate for all claims made during the policy period, shall be maintained in effect by each resident healthcare provider as a condition of active licensure or other statutory authorization to render professional service as a healthcare provider in this state, unless such healthcare provider is a self-insurer. For all new policies and policies that renew on and after January 1, 2022, a policy of professional liability insurance approved by the commissioner and issued by an insurer duly authorized to transact business in this state in which the limit of the insurer’s liability is not less than $500,000 per claim, subject to not less than a $1,500,000 annual aggregate for all claims made during the policy period, shall be maintained by each resident healthcare provider as a condition of active licensure or other statutory authorization to render professional service as a healthcare provider in this state, unless such healthcare provider is a self-insurer. This provision shall not apply to optometrists and pharmacists, except as provided in subsection (f), on and after July 1, 1991, to physical therapists on and after July 1, 1995, or to health maintenance organizations on and after July 1, 1997. Such policy shall provide as a minimum coverage for claims made during the term of the policy that were incurred during the term of such policy or during the prior term of a similar policy. Any insurer offering such policy of professional liability insurance to any healthcare provider may offer to such healthcare provider a policy as prescribed in this section with deductible options. Such deductible shall be within such policy limits.

(1) Each insurer providing basic coverage shall, within 30 days after the effective date of any policy issued in accordance with this subsection, notify the board of governors that such coverage is or will be in effect. Such notification shall be on a form approved by the board of governors and shall include information identifying the professional liability policy issued or to be issued, the name and address of all healthcare providers covered by the policy, the amount of the annual premium, the effective and expiration dates of the coverage and such other information as the board of governors shall require. A copy of the notice required by this subsection shall be furnished to the named insured.

(2) In the event of termination of basic coverage by cancellation, nonrenewal, expiration or otherwise by either the insurer or named insured, notice of such termination shall be furnished by the insurer to the board of governors, the state agency which licenses, registers or certifies the named insured and the named insured. Such notice shall be provided no less than 30 days prior to the effective date of any termination initiated by the insurer or within 10 business days after the date coverage is terminated at the request of the named insured and shall include the name and address of the healthcare provider or providers for whom basic coverage is terminated and the date basic coverage will cease to be in effect. No basic coverage shall be terminated by cancellation or failure to renew by the insurer unless such insurer provides a notice of termination as required by this subsection.

(3) Any professional liability insurance policy issued, delivered or in effect in this state on and after July 1, 1976, shall contain or be endorsed to provide basic coverage as required by subsection (a). Notwithstanding any omitted or inconsistent language, any contract of professional liability insurance shall be construed to obligate the insurer to meet all the mandatory requirements and obligations of this act. The liability of an insurer for claims made prior to July 1, 1984, shall not exceed those limits of insurance provided by such policy prior to July 1, 1984.

(b) A nonresident healthcare provider shall not be licensed to actively render professional service as a healthcare provider in this state unless such healthcare provider maintains continuous coverage in effect as prescribed by subsection (a), except such coverage may be provided by a nonadmitted insurer who has filed the form required by subsection (b)(1). This provision shall not apply to optometrists and pharmacists on and after July 1, 1991, or to physical therapists on and after July 1, 1995.

(1) Every insurance company authorized to transact business in this state, that is authorized to issue professional liability insurance in any jurisdiction, shall file with the commissioner, as a condition of its continued transaction of business within this state, a form prescribed by the commissioner declaring that its professional liability insurance policies, wherever issued, shall be deemed to provide at least the insurance required by this subsection when the insured is rendering professional services as a nonresident healthcare provider in this state. Any nonadmitted insurer may file such a form.

(2) Every nonresident healthcare provider that is required to maintain basic coverage pursuant to this subsection shall pay the surcharge levied by the board of governors pursuant to K.S.A. 40-3404(a), and amendments thereto, directly to the board of governors and shall furnish to the board of governors the information required in subsection (a)(1).

(c) Every healthcare provider that is a self-insurer, the university of Kansas medical center for persons engaged in residency training, as described in K.S.A. 40-3401(r)(1), and amendments thereto, the employers of persons engaged in residency training, as described in K.S.A. 40-3401(r)(2), and amendments thereto, the private practice corporations or foundations and their full-time physician faculty employed by the university of Kansas medical center or a medical care facility or mental health center for self-insurers under K.S.A. 40-3414(e), and amendments thereto, shall pay the surcharge levied by the board of governors pursuant to K.S.A. 40-3404(a), and amendments thereto, directly to the board of governors and shall furnish to the board of governors the information required in subsections (a)(1) and (a)(2).

(d) In lieu of a claims made policy otherwise required under this section, a person engaged in residency training who is providing services as a healthcare provider but, while providing such services, is not covered by the self-insurance provisions of K.S.A. 40-3414(d), and amendments thereto, may obtain basic coverage under an occurrence form policy, if such policy provides professional liability insurance coverage and limits that are substantially the same as the professional liability insurance coverage and limits required by K.S.A. 40-3402(a), and amendments thereto. Where such occurrence form policy is in effect, the provisions of the healthcare provider insurance availability act referring to claims made policies shall be construed to mean occurrence form policies.

(e) In lieu of a claims made policy otherwise required under this section, a nonresident healthcare provider employed pursuant to a locum tenens contract to provide services in this state as a healthcare provider may obtain basic coverage under an occurrence form policy, if such policy provides professional liability insurance coverage and limits that are substantially the same as the professional liability insurance coverage and limits required by K.S.A. 40-3402, and amendments thereto. Where such occurrence form policy is in effect, the provisions of the healthcare provider insurance availability act referring to claims made policies shall be construed to mean occurrence form policies.

(f) (1) A pharmacist shall be subject to the professional liability insurance requirements of subsection (a) if such pharmacist independently initiates therapy pursuant to K.S.A. 2025 Supp. 65-16,131, and amendments thereto.

(2) This subsection shall take effect on and after January 1, 2028.

Sec. 3. K.S.A. 2025 Supp. 65-1626a is hereby amended to read as follows: 65-1626a. (a) For the purpose of the pharmacy act of the state of Kansas, the following individuals shall be deemed to be engaged in the practice of pharmacy:

(1) Individuals who publicly profess to be a pharmacist, or publicly profess to assume the duties incident to being a pharmacist and their knowledge of drugs or drug actions, or both; and

(2) individuals who attach to their name any words or abbreviation indicating that they are a pharmacist licensed to practice pharmacy in Kansas.

(b) As used in this section:

(1) “Practice of pharmacy” means:

(A) The interpretation and evaluation of prescription orders;

(B) the compounding, dispensing and labeling of drugs and devices pursuant to prescription orders;

(D) the participation in drug selection according to state law and participation in drug utilization reviews;

(E) the proper and safe storage of prescription drugs and prescription devices and the maintenance of proper records thereof in accordance with law;

(F) consultation with patients and other health care practitioners about the safe and effective use of prescription drugs and prescription devices;

(G) performance of collaborative drug therapy management pursuant to a written collaborative practice agreement with one or more physicians who have an established physician-patient relationship;

(H) participation in the offering or performing of those acts, services, operations or transactions necessary in the conduct, operation, management and control of a pharmacy; ~~and~~

(I) initiation of therapy for the conditions specified in K.S.A. 2025 Supp. 65-16,131, and amendments thereto; and

(J) dispensing a one-time emergency refill of a noncontrolled prescription drug for up to a 90-day supply when no refills remain and, in the pharmacists’ professional judgment, continuation of therapy is necessary to prevent interruption of care.

(2) “Collaborative drug therapy management” means a practice of pharmacy where a pharmacist performs certain pharmaceutical-related patient care functions for a specific patient which have been delegated to the pharmacist by a physician through a collaborative practice agreement. A physician who enters into a collaborative practice agreement is responsible for the care of the patient following initial diagnosis and assessment and for the direction and supervision of the pharmacist throughout the collaborative drug therapy management process. Nothing in this subsection shall be construed to permit a pharmacist to alter a physician’s orders or directions, diagnose or treat any disease, independently prescribe drugs or independently practice medicine and surgery.

(3) “Collaborative practice agreement” means a written agreement or protocol between one or more pharmacists and one or more physicians that provides for collaborative drug therapy management. Such collaborative practice agreement shall contain certain specified conditions or limitations pursuant to the collaborating physician’s order, standing order, delegation or protocol. A collaborative practice agreement shall be: (A) Consistent with the normal and customary specialty, competence and lawful practice of the physician; and (B) appropriate to the pharmacist’s training and experience.

(4) “Physician” means a person licensed to practice medicine and surgery in this state.

(1) Add any additional requirements for registration or for a permit under the pharmacy act of the state of Kansas or for approval under K.S.A. 65-1643(g), and amendments thereto;

(2) prevent persons other than pharmacists from engaging in drug utilization review;

(3) require persons lawfully in possession of prescription drugs or prescription devices to meet any storage or record keeping requirements except such storage and record keeping requirements as may be otherwise provided by law; or

(4) affect any person consulting with a healthcare practitioner about the safe and effective use of prescription drugs or prescription devices.

Sec. 4. K.S.A. 65-1637e is hereby amended to read as follows: 65-1637e. (a) The compounding standards established by the general chapters 795 pharmaceutical compounding–nonsterile preparations; 797 pharmaceutical compounding–sterile preparations; and 825 radiopharmaceuticals–preparation, compounding, dispensing and repackaging published by the United States pharmacopeia and its referenced companion documents in effect on the effective date of this section are hereby adopted.

(b) The board ~~shall~~ may adopt rules and regulations governing proper compounding practices and distribution of compounded drugs by pharmacists and pharmacies and establishing exemptions or waivers from the requirements set forth in subsection (a).

~~(b)~~(c) This section shall be a part of and supplemental to the pharmacy act of the state of Kansas.

(d) This section shall take effect and be in force on and after July 1, 2027.

Sec. 5. K.S.A. 2025 Supp. 65-1682 is hereby amended to read as follows: 65-1682. As used in this act, unless the context otherwise requires:

(a) “Audit trail information” means information produced regarding requests for prescription monitoring program data that the board and advisory committee use to monitor compliance with this act.

(b) “Board” means the state board of pharmacy.

(1) A registered nurse, licensed practical nurse, respiratory therapist, emergency medical responder, paramedic, dental hygienist, pharmacy technician or pharmacy intern who has registered for access to the program database as an agent of a practitioner or pharmacist to request program data on behalf of the practitioner or pharmacist; or

(2) a death investigator who has registered for limited access to the program database as an agent of a medical examiner, coroner or another person authorized under law to investigate or determine causes of death~~; or~~

~~(3) an individual authorized to access the program database by the board in rules and regulations~~.

(d) “Dispenser” means a practitioner, pharmacy or pharmacist who delivers a scheduled substance or drug of concern to an ultimate user, but does not include:

(1) A licensed hospital pharmacy that distributes such substances for the purpose of inpatient hospital care;

(2) a medical care facility as defined in K.S.A. 65-425, and amendments thereto, practitioner or other authorized person who administers such a substance;

(3) a registered wholesale distributor of such substances;

(4) a veterinarian licensed by the Kansas board of veterinary examiners who dispenses or prescribes a scheduled substance or drug of concern; or

(5) a practitioner who has been exempted from the reporting requirements of this act in rules and regulations ~~promulgated~~ adopted by the board.

(e) “Drug of concern” means any drug that demonstrates a potential for abuse and is designated as a drug of concern in rules and regulations promulgated by the board.

(f) “Patient” means the individual who is the ultimate user of a drug for whom a prescription is issued or for whom a drug is dispensed.

(g) “Pharmacist” means an individual currently licensed by the board to practice the profession of pharmacy in this state.

(h) “Pharmacy” means a premises, laboratory, area or other place currently registered with the board where scheduled substances or drugs of concern are offered for sale or dispensed in this state.

(i) “Practitioner” means an individual licensed to practice medicine and surgery, dentist, podiatrist, optometrist or other individual authorized by law to prescribe or dispense scheduled substances and drugs of concern.

(j) “Program” means the prescription monitoring program.

(k) “Scheduled substance” means controlled substances included in schedules II, III or IV of the schedules designated in K.S.A. 65-4107, 65-4109 and 65-4111, and amendments thereto, respectively, or the federal controlled substances act, 21 U.S.C. § 812.

Sec. 6. K.S.A. 2025 Supp. 65-16,131 is hereby amended to read as follows: 65-16,131. (a) (1) Notwithstanding the provisions of subsections (b) through (d), a pharmacist may initiate therapy for a condition consisting of medications and durable medical equipment if such condition:

(A) Does not require a new diagnosis;

(B) is minor and generally self-limiting;

(C) has a test that is used to guide diagnosis or clinical decision-making that is waived under the federal clinical laboratory improvement amendments of 1988; or

(D) in the professional judgment of the pharmacist, constitutes a patient emergency that threatens the health or safety of the patient if the prescription is not immediately dispensed. In such cases, only the sufficient quantity shall be provided until the patient is able to consult with or be seen by the patient’s personal physician or other primary care provider.

(2) Nothing in subsection (a) shall be construed to authorize a pharmacist to prescribe a controlled substance, except for a medication prescribed for the treatment of opioid use disorder or for medication-assisted treatment.

(3) To determine whether a specific act is within the scope of practice of pharmacy for the purposes of the pharmacy act of the state of Kansas, a pharmacist shall independently determine whether such act is:

(A) Expressly prohibited by the pharmacy act of the state of Kansas or other law;

(B) consistent with the pharmacist’s education, training and experience; and

(C) within the accepted standard of care that would be provided in a similar setting by a reasonable and prudent pharmacist with similar education, training and experience.

(b) A pharmacist may initiate therapy within the framework of a statewide protocol for the following health conditions:

(1) Influenza;

(2) streptococcal pharyngitis; or

(3) urinary tract infection.

~~(b)~~(c) The collaborative drug therapy management advisory committee established pursuant to K.S.A. 65-1677, and amendments thereto, may adopt a statewide protocol for each condition listed in subsection ~~(a)~~(b). In establishing such statewide protocols, the committee shall specify:

(1) The medications or categories of medications included in the protocol for each health condition;

(2) the training or qualifications required for pharmacists to implement the protocols;

(3) requirements for documentation and maintenance of records, including patient inclusion and exclusion criteria, medical referral criteria, patient assessment tools based on current clinical guidelines, follow-up monitoring or care plans and the pharmacist’s adherence to the applicable protocols; and

(4) communication requirements, including, but not limited to, notification to the patient’s personal or primary care provider.

~~(c)~~(d) The board may deny an application or renewal or revoke or suspend the license of a pharmacist upon a finding that the pharmacist has violated the provisions of this section or failed to practice within the framework of statewide protocols established pursuant to this section by the collaborative drug therapy management advisory committee.

~~(d)~~(e) ~~This section shall take effect and be in force on and after July 1, 2022~~The amendments to this section by this act shall be known and may be cited as the pharmacist practice authority act.

Sec. 7. K.S.A. 40-3402 and 65-1637e and K.S.A. 2025 Supp. 65-1626a, 65-1682 and 65-16,131 are hereby repealed.

Sec. 8. This act shall take effect and be in force from and after its publication in the Kansas register.

Doc. No. 054116