Capitol Comments Articles
Joint Administrative Rules and Regulations Committee Meets to Address Pharmacy Related Regs Including White-Bagging

Kansas Board of Pharmacy (March 3, 2023) - Today, the Joint Administrative Rules and Regulations Committee, chaired by Representative Barb Wasinger (R-Hays) met.  

The committee heard from Alexandra Blasi, Executive Director for the Board of Pharmacy, who gave an overview of proposed rules and regulations changes including the following:

  • K.A.R. 68-1-1b, allowing one continuing credit hour to be provided by the Board of Pharmacy at no charge.
  • K.A.R. 68-1-2a, Pharmacists-in-charge acknowledgement; notice of designation
  • K.A.R. 68-1-9, Pharmacist-in-charge; responsibilities
  • K.A.R. 68-2-20, Pharmacist’s function in filling a prescription
  • K.A.R. 68-7-8, Records ability to digitize
  • K.A.R. 68-7-11, Medical care facility pharmacy; allowing a physician’s assistant to enter the pharmacy and review orders within three days
  • K.A.R. 68-7-12, Responsibility of pharmacist in charge in other medical care facility pharmacy
  • K.A.R. 68-7-15, Packaging of drugs or devices in advance of immediate need, requires prepackaged drugs to be in container consistent with the Pharmacy Act
  • K.A.R. 68-7-16, Labels or drugs or devices packaged in advance of immediate need
  • K.A.R. 68-7-19, Transfer of a refillable prescription between pharmacies, authorized the pharmacy to transfer at patient’s request
  • K.A.R. 68-7-20a, Delivery of prescriptions dispense to an alternate site for administration, address practices of “white bagging” and “brown bagging”.  Based of Virginia regulations, eliminates “brown bagging” and requires specific communication between pharmacies, delivery to a pharmacy versus a practitioner’s office, recordkeeping, and tracking and requires patient consent, counselling and storage in compliance with the manufacturer requirements, and return of any prescription not administered to the patient
  • K.A.R. 68-20-1, Definitions to align with current federal requirements
  • K.A.R 68-20-16, Records and inventories of registrants, to clarify federal requirements for controlled substances in Kansas pharmacies
  • K.A.R. 68-20-18, Information concerning prescriptions, updates requirements for controlled substance medications, to align with current federal requirements
  • K.A.R 68-20-18a, Information concerning prescriptions; recordkeeping; pharmacy prescription application to align with federal requirements
  • K.A.R 68-20-19, Controlled substances listed in schedule II to align with federal requirements
  • K.A.R. 68-20-20 Controlled substances listed in schedules III, IV, and V, to align with federal requirements
  • K.A.R. 68-20-21, Revoked, regulation consolidated into K.A.R. 68-20-20
  • K.A.R. 68-20-22, Selling without a prescription, updates requirements for sales of prescription-only drugs to align with federal requirements
  • K.A.R. 68-21-1, Definitions, for K-TRACS Prescription Drug Monitoring Program
  • K.A.R. 68-21-2, Electronic reports for K-TRACS, to meet amendments made in statute in 2022, dispensers no longer qualify for exemption.
  • K.A.R. 68-21-3 Revoked
  • K.A.R. 68-21-4; Notice of requests for information, technical clarification
  • K.A.R 68-21-5, Access to program information, Amendments to K-TRACS, meeting 2022 legislation
  • K.A.R. 68-23-1, Definitions, Telepharmacy
  • K.A.R. 68-23-2 Telepharmacy outlet applications
  • K.A.R. 68-23-3, Personnel, staffing, training and supervision for telepharmacy
  • K.A.R. 68-23-4, Practice of pharmacy for Telepharmacy
  • K.A.R. 68-23-5, Operations of telepharmacy outlet
  • K.A.R. 68-23-6, Structural, security, technology and equipment requirements related to telepharmacy

The committee asked questions about the definition of White-Bagging and Brown-Bagging. Members expressed concern about the role of the care in these instances being dictated by the insurance companies and requested additional information from the Kansas Legislative Research staff.

The committee also asked about telepharmacy to ensure oversight would occur and if these rules and regulations included anything related to medical marijuana, which they do not.