Session of 1999

SENATE BILL No. 267

      An  Act concerning the pharmacy act of the state of Kansas; board procedures; prescription-
      only drugs; amending K.S.A. 1998 Supp. 65-1626, 65-1627, 65-1635 and 65-1643 and
      repealing the existing sections; also repealing K.S.A. 1998 Supp. 65-1627i.


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

      Section  1. K.S.A. 1998 Supp. 65-1626 is hereby amended to read as
follows: 65-1626. For the purposes of this act:

      (a) ``Administer'' means the direct application of a drug, whether by
injection, inhalation, ingestion or any other means, to the body of a patient
or research subject by:

      (1) A practitioner or pursuant to the lawful direction of a practitioner,
or

      (2) the patient or research subject at the direction and in the presence
of the practitioner.

      (b) ``Agent'' means an authorized person who acts on behalf of or at
the direction of a manufacturer, distributor or dispenser but shall not
include a common or contract carrier, public warehouseman or employee
of the carrier or warehouseman when acting in the usual and lawful course
of the carrier's or warehouseman's business.

      (c) ``Board'' means the state board of pharmacy created by K.S.A. 74-
1603 and amendments thereto.

      (d) ``Brand exchange'' means the dispensing of a different drug prod-
uct of the same dosage form and strength and of the same generic name
than the brand name drug product prescribed.

      (e) ``Brand name'' means the registered trademark name given to a
drug product by its manufacturer, labeler or distributor.

      (f) ``Deliver'' or ``delivery'' means the actual, constructive or at-
tempted transfer from one person to another of any drug whether or not
an agency relationship exists.

      (g) ``Direct supervision'' means the process by which the responsible
pharmacist shall observe and direct the activities of a pharmacy student
or pharmacy technician to a sufficient degree to assure that all such ac-
tivities are performed accurately, safely and without risk or harm to pa-
tients, and complete the final check before dispensing.

      (h) ``Dispense'' means to deliver prescription medication to the ulti-
mate user or research subject by or pursuant to the lawful order of a
practitioner.

      (i) ``Dispenser'' means a practitioner or pharmacist who dispenses
prescription medication.

      (j) ``Distribute'' means to deliver, other than by administering or dis-
pensing, any drug.

      (k) ``Distributor'' means a person who distributes a drug.

      (l) ``Drug'' means: (1) Articles recognized in the official United States
pharmacopoeia, or other such official compendiums of the United States,
or official national formulary, or any supplement of any of them; (2) ar-
ticles intended for use in the diagnosis, cure, mitigation, treatment or
prevention of disease in man or other animals; (3) articles, other than
food, intended to affect the structure or any function of the body of man
or other animals; and (4) articles intended for use as a component of any
articles specified in clause (1), (2) or (3) of this subsection; but does not
include devices or their components, parts or accessories, except that the
term ``drug'' shall not include amygdalin (laetrile) or any livestock remedy,
as defined in K.S.A. 47-501 and amendments thereto, if such livestock
remedy has been registered in accordance with the provisions of article
5 of chapter 47 of the Kansas Statutes Annotated.

      (m) ``Electronic transmission'' means transmission of information in
electronic form or the transmission of the exact visual image of a docu-
ment by way of electronic equipment.

      (n) ``Generic name'' means the established chemical name or official
name of a drug or drug product.

      (o)  (1) ``Institutional drug room'' means any location where prescrip-
tion-only drugs are stored and from which prescription-only drugs are
administered or dispensed and which is maintained or operated for the
purpose of providing the drug needs of:

      (A) Inmates of a jail or correctional institution or facility;

      (B) residents of a juvenile detention facility, as defined by the Kansas
code for care of children and the Kansas juvenile justice code;

      (C) students of a public or private university or college, a community
college or any other institution of higher learning which is located in
Kansas; or

      (D) employees of a business or other employer.

      (2) ``Institutional drug room'' does not include:

      (A) Any registered pharmacy;

      (B) any office of a practitioner; or

      (C) a location where no prescription-only drugs are dispensed and no
prescription-only drugs other than individual prescriptions are stored or
administered.

      (p) ``Medical care facility'' shall have the meaning provided in K.S.A.
65-425 and amendments thereto, except that the term shall also include
facilities licensed under the provisions of K.S.A. 75-3307b and amend-
ments thereto except community mental health centers and facilities for
the mentally retarded.

      (q) ``Manufacture'' means the production, preparation, propagation,
compounding, conversion or processing of a drug either directly or in-
directly by extraction from substances of natural origin, independently by
means of chemical synthesis or by a combination of extraction and chem-
ical synthesis and includes any packaging or repackaging of the drug or
labeling or relabeling of its container, except that this term shall not in-
clude the preparation or compounding of a drug by an individual for the
individual's own use or the preparation, compounding, packaging or la-
beling of a drug by: (1) A practitioner or a practitioner's authorized agent
incident to such practitioner's administering or dispensing of a drug in
the course of the practitioner's professional practice; (2) a practitioner,
by a practitioner's authorized agent or under a practitioner's supervision
for the purpose of, or as an incident to, research, teaching or chemical
analysis and not for sale; or (3) a pharmacist or the pharmacist's author-
ized agent acting under the direct supervision of the pharmacist for the
purpose of, or incident to, the dispensing of a drug by the pharmacist.

      (r) ``Person'' means individual, corporation, government, govern-
mental subdivision or agency, partnership, association or any other legal
entity.

      (s) ``Pharmacist'' means any natural person licensed under this act to
practice pharmacy.

      (t) ``Pharmacist in charge'' means the pharmacist who is responsible
to the board for a registered establishment's compliance with the laws
and regulations of this state pertaining to the practice of pharmacy, man-
ufacturing of drugs and the distribution of drugs. The pharmacist in
charge shall supervise such establishment on a full-time or a part-time
basis and perform such other duties relating to supervision of a registered
establishment as may be prescribed by the board by rules and regulations.
Nothing in this definition shall relieve other pharmacists or persons from
their responsibility to comply with state and federal laws and regulations.

      (u) ``Pharmacy,'' ``drug store'' or ``apothecary'' means premises, lab-
oratory, area or other place: (1) Where drugs are offered for sale where
the profession of pharmacy is practiced and where prescriptions are com-
pounded and dispensed; or (2) which has displayed upon it or within it
the words ``pharmacist,'' ``pharmaceutical chemist,'' ``pharmacy,'' ``apoth-
ecary,'' ``drugstore,'' ``druggist,'' ``drugs,'' ``drug sundries'' or any of these
words or combinations of these words or words of similar import either
in English or any sign containing any of these words; or (3) where the
characteristic symbols of pharmacy or the characteristic prescription sign
``Rx'' may be exhibited. As used in this subsection, premises refers only
to the portion of any building or structure leased, used or controlled by
the licensee in the conduct of the business registered by the board at the
address for which the registration was issued.

      (v) ``Pharmacy student'' means an individual, registered with the
board of pharmacy, enrolled in an accredited school of pharmacy.

      (w) ``Pharmacy technician'' means an individual who, under the direct
supervision and control of a pharmacist, may perform packaging, manip-
ulative, repetitive or other nondiscretionary tasks related to the processing
of a prescription or medication order and who assists the pharmacist in
the performance of pharmacy related duties, but who does not perform
duties restricted to a pharmacist.

      (x) ``Practitioner'' means a person licensed to practice medicine and
surgery, dentist, podiatrist, veterinarian, optometrist licensed under the
optometry law as a therapeutic licensee or diagnostic and therapeutic
licensee, or scientific investigator or other person authorized by law to
use a prescription-only drug in teaching or chemical analysis or to conduct
research with respect to a prescription-only drug.

      (y) ``Preceptor'' means a licensed pharmacist who possesses at least
two years' experience as a pharmacist and who supervises students ob-
taining the pharmaceutical experience required by law as a condition to
taking the examination for licensure as a pharmacist.

      (z) ``Prescription'' means, according to the context, either a prescrip-
tion order or a prescription medication.

      (aa) ``Prescription medication'' means any drug, including label and
container according to context, which is dispensed pursuant to a prescrip-
tion order.

      (bb) ``Prescription-only drug'' means any drug required by the federal
or state food, drug and cosmetic act to bear on its label the legend ``Cau-
tion: Federal law prohibits dispensing without prescription.'' whether in-
tended for use by man or animal, required by federal or state law (in-
cluding 21 United States Code section 353, as amended) to be dispensed
only pursuant to a written or oral prescription or order of a practitioner
or is restricted to use by practitioners only.

      (cc) ``Prescription order'' means: (1) An order to be filled by a phar-
macist for prescription medication issued and signed by a practitioner in
the authorized course of professional practice; or (2) an order transmitted
to a pharmacist through word of mouth, note, telephone or other means
of communication directed by such practitioner.

      (dd) ``Probation'' means the practice or operation under a temporary
license, registration or permit or a conditional license, registration or per-
mit of a business or profession for which a license, registration or permit
is granted by the board under the provisions of the pharmacy act of the
state of Kansas requiring certain actions to be accomplished or certain
actions not to occur before a regular license, registration or permit is
issued.

      (ee) ``Professional incompetency'' means:

      (1) One or more instances involving failure to adhere to the appli-
cable standard of pharmaceutical care to a degree which constitutes gross
negligence, as determined by the board;

      (2) repeated instances involving failure to adhere to the applicable
standard of pharmaceutical care to a degree which constitutes ordinary
negligence, as determined by the board; or

      (3) a pattern of pharmacy practice or other behavior which demon-
strates a manifest incapacity or incompetence to practice pharmacy.

      (ff) ``Retail dealer'' means a person selling at retail nonprescription
drugs which are prepackaged, fully prepared by the manufacturer or dis-
tributor for use by the consumer and labeled in accordance with the
requirements of the state and federal food, drug and cosmetic acts. Such
nonprescription drugs shall not include: (1) A controlled substance; (2) a
drug the label of which is required to bear substantially the statement
``Caution: Federal law prohibits dispensing without prescription'' pre-
scription-only drug; or (3) a drug intended for human use by hypodermic
injection.

      (gg) ``Secretary'' means the executive secretary of the board.

      (hh) ``Unprofessional conduct'' means:

      (1) Fraud in securing a registration or permit;

      (2) intentional adulteration or mislabeling of any drug, medicine,
chemical or poison;

      (3) causing any drug, medicine, chemical or poison to be adulterated
or mislabeled, knowing the same to be adulterated or mislabeled;

      (4) intentionally falsifying or altering records or prescriptions;

      (5) unlawful possession of drugs and unlawful diversion of drugs to
others;

      (6) willful betrayal of confidential information under K.S.A. 65-1654
and amendments thereto;

      (7) conduct likely to deceive, defraud or harm the public;

      (8) making a false or misleading statement regarding the licensee's
professional practice or the efficacy or value of a drug;

      (9) commission of any act of sexual abuse, misconduct or exploitation
related to the licensee's professional practice; or

      (10)  performing unnecessary tests, examinations or services which
have no legitimate pharmaceutical purpose.

      New Sec.  2. (a) In all investigative and disciplinary matters pending
before the board, the board shall have the power to issue subpoenas and
compel the attendance of witnesses and the production of all necessary
papers, books and records, documentary evidence and materials. Any per-
son failing or refusing to appear or testify regarding any matter about
which such person may be lawfully questioned or to produce any papers,
books, records, documentary evidence or materials in the matter to be
heard, after having been required by order of the board or by a subpoena
of the board to do so, upon application to any district judge of the state
of Kansas, may be ordered to comply with such subpoena, and upon
failure to comply with the order of the district judge, the court may com-
pel obedience by attachment as for contempt as in the case of disobedi-
ence of a similar order or subpoena issued by the court. A subpoena may
be served upon any person named therein, anywhere within the state of
Kansas with the same fees and mileage by any officer authorized to serve
subpoenas in civil actions in the same manner as is prescribed by the code
of civil procedure for subpoenas issued out of the district courts of this
state.

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

      Sec.  3. K.S.A. 1998 Supp. 65-1627 is hereby amended to read as
follows: 65-1627. (a) The board may revoke, suspend, place in a proba-
tionary status or deny a renewal of any license of any pharmacist upon a
finding that:

      (1) The license was obtained by fraudulent means;

      (2) the licensee has been convicted of a felony and the licensee fails
to show that the licensee has been sufficiently rehabilitated to warrant
the public trust;

      (3) the licensee is found by the board to be guilty of unprofessional
conduct or professional incompetency;

      (4) the licensee is addicted to the liquor or drug habit to such a degree
as to render the licensee unfit to practice the profession of pharmacy;

      (5) the licensee has violated a provision of the federal or state food,
drug and cosmetic act, the uniform controlled substances act of the state
of Kansas, or any rule and regulation adopted under any such act;

      (6) the licensee is found by the board to have filled a prescription not
in strict accordance with the directions of the practitioner;

      (7) the licensee is found to be mentally or physically incapacitated to
such a degree as to render the licensee unfit to practice the profession
of pharmacy;

      (8) the licensee has violated any of the provisions of the pharmacy
act of the state of Kansas or any rule and regulation adopted by the board
pursuant to the provisions of such pharmacy act;

      (9) the licensee has failed to comply with the requirements of the
board relating to the continuing education of pharmacists;

      (10) the licensee as a pharmacist in charge or consultant pharmacist
under the provisions of subsection (c) or (d) of K.S.A. 65-1648 and
amendments thereto has failed to comply with the requirements of sub-
section (c) or (d) of K.S.A. 65-1648 and amendments thereto;

      (11) the licensee has knowingly submitted a misleading, deceptive,
untrue or fraudulent misrepresentation on a claim form, bill or statement;

      (12) the licensee has had a license to practice pharmacy revoked,
suspended or limited, has been censured or has had other disciplinary
action taken, or voluntarily surrendered the license after formal proceed-
ings have been commenced, or has had an application for license denied,
by the proper licensing authority of another state, territory, District of
Columbia or other country, a certified copy of the record of the action
of the other jurisdiction being conclusive evidence thereof; or

      (13) the licensee has self-administered any controlled substance with-
out a practitioner's prescription order.;

      (14) the licensee has assisted suicide in violation of K.S.A. 21-3406
and amendments thereto as established by any of the following:

      (A) A copy of the record of criminal conviction or plea of guilty for a
felony in violation of K.S.A. 21-3406 and amendments thereto.

      (B) A copy of the record of a judgment of contempt of court for vio-
lating an injunction issued under K.S.A. 1998 Supp. 60-4404 and amend-
ments thereto.

      (C) A copy of the record of a judgment assessing damages under
K.S.A. 1998 Supp. 60-4405 and amendments thereto; or

      (15) the licensee has failed to furnish the board, its investigators or
its representatives any information legally requested by the board.

      (b) In determining whether or not the licensee has violated subsec-
tion (a)(3), (a)(4), (a)(7) or (a)(13), the board upon reasonable suspicion
of such violation has authority to compel a licensee to submit to mental
or physical examination or drug screen, or any combination thereof, by
such persons as the board may designate. To determine whether reason-
able suspicion of such violation exists, the investigative information shall
be presented to the board as a whole. Information submitted to the board
as a whole and all reports, findings and other records shall be confidential
and not subject to discovery by or release to any person or entity. The
licensee shall submit to the board a release of information authorizing
the board to obtain a report of such examination or drug screen, or both.
A person affected by this subsection shall be offered, at reasonable in-
tervals, an opportunity to demonstrate that such person can resume the
competent practice of pharmacy with reasonable skill and safety to pa-
tients. For the purpose of this subsection, every person licensed to prac-
tice pharmacy and who shall accept the privilege to practice pharmacy in
this state by so practicing or by the making and filing of a renewal appli-
cation to practice pharmacy in this state shall be deemed to have con-
sented to submit to a mental or physical examination or a drug screen, or
any combination thereof, when directed in writing by the board and fur-
ther to have waived all objections to the admissibility of the testimony,
drug screen or examination report of the person conducting such exam-
ination or drug screen, or both, at any proceeding or hearing before the
board on the ground that such testimony or examination or drug screen
report constitutes a privileged communication. In any proceeding by the
board pursuant to the provisions of this subsection, the record of such
board proceedings involving the mental and physical examination or drug
screen, or any combination thereof, shall not be used in any other ad-
ministrative or judicial proceeding.

      (c) The board may temporarily suspend or temporarily limit the li-
cense of any licensee in accordance with the emergency adjudicative pro-
ceedings under the Kansas administrative procedure act if the board de-
termines that there is cause to believe that grounds exist for disciplinary
action under subsection (a) against the licensee and that the licensee's
continuation in practice would constitute an imminent danger to the pub-
lic health and safety.

      (c) (d) The board may suspend, revoke, place in a probationary status
or deny a renewal of any retail dealer's permit issued by the board when
information in possession of the board discloses that such operations for
which the permit was issued are not being conducted according to law or
the rules and regulations of the board.

      (d) (e) The board may revoke, suspend, place in a probationary status
or deny a renewal of the registration of a pharmacy upon a finding that:
(1) Such pharmacy has been operated in such manner that violations of
the provisions of the pharmacy act of the state of Kansas or of the rules
and regulations of the board have occurred in connection therewith; (2)
the owner or any pharmacist employed at such pharmacy is convicted,
subsequent to such owner's acquisition of or such employee's employ-
ment at such pharmacy, of a violation of the pharmacy act or uniform
controlled substances act of the state of Kansas, or the federal or state
food, drug and cosmetic act; (3) the owner or any pharmacist employed
by such pharmacy has fraudulently claimed money for pharmaceutical
services; or (4) the registrant has had a registration revoked, suspended
or limited, has been censured or has had other disciplinary action taken,
or an application for registration denied, by the proper registering au-
thority of another state, territory, District of Columbia or other country,
a certified copy of the record of the action of the other jurisdiction being
conclusive evidence thereof.

      (e) (f) A registration to manufacture or to distribute at wholesale a
drug or a registration for the place of business where any such operation
is conducted may be suspended, revoked, placed in a probationary status
or the renewal of such registration may be denied by the board upon a
finding that the registrant or the registrant's agent: (1) Has materially
falsified any application filed pursuant to or required by the pharmacy
act of the state of Kansas; (2) has been convicted of a felony under any
federal or state law relating to the manufacture or distribution of drugs;
(3) has had any federal registration for the manufacture or distribution of
drugs suspended or revoked; (4) has refused to permit the board or its
duly authorized agents to inspect the registrant's establishment in ac-
cordance with the provisions of K.S.A. 65-1629 and amendments thereto;
(5) has failed to keep, or has failed to file with the board or has falsified
records required to be kept or filed by the provisions of the pharmacy
act of the state of Kansas or by the board's rules and regulations; or (6)
has violated the pharmacy act of the state of Kansas or rules and regu-
lations adopted by the state board of pharmacy under the pharmacy act
of the state of Kansas or has violated the uniform controlled substances
act or rules and regulations adopted by the state board of pharmacy under
the uniform controlled substances act.

      (f) (g) Orders under this section, and proceedings thereon, shall be
subject to the provisions of the Kansas administrative procedure act.

      Sec.  4. K.S.A. 1998 Supp. 65-1635 is hereby amended to read as
follows: 65-1635. (a) Nothing contained in the pharmacy act of the state
of Kansas shall prohibit any duly licensed practitioner from purchasing
and keeping drugs, from compounding prescriptions or from administer-
ing, supplying or dispensing to such practitioner's patients such drugs as
may be fit, proper and necessary. Except as provided in subsection (b) or
(c), such drugs shall be dispensed by such practitioner and shall comply
with the Kansas food, drug and cosmetic act and be subject to inspection
as provided by law.

      (b) Nothing contained in the pharmacy act of the state of Kansas shall
be construed to prohibit any nurse or other person, acting under the
direction of a duly licensed practitioner, from administering drugs to a
patient.

      (c) Nothing contained in the pharmacy act of the state of Kansas shall
be construed to prohibit any registered nurse, acting under the supervi-
sion of a person who is licensed to practice medicine and surgery as of
July 1, 1982, from dispensing drugs to patients of such person so long as
the principal office of such person is, and as of July 1, 1982, was, located
in a city not having a registered pharmacy within its boundaries. For the
purposes of this subsection (c), ``supervision'' means guidance and direc-
tion of the dispensing of drugs by the person licensed to practice medicine
and surgery who shall be physically present in the general location at
which the drugs are being dispensed.

      (d) Nothing contained in the pharmacy act of the state of Kansas shall
be construed to prohibit a duly registered wholesaler from distributing a
drug labeled, ``Caution: Federal law restricts this drug to use by or on the
order of a licensed veterinarian,'' prescription-only drug pursuant to a
veterinarian practitioner's written prescription or order, where a valid
veterinarian-client-patient relationship, VCPR, as defined in K.S.A. 47-
816, and amendments thereto, exists, to the layman responsible for the
control of the animal.

      Sec.  5. K.S.A. 1998 Supp. 65-1643 is hereby amended to read as
follows: 65-1643. On and after the effective date of this act, it shall be
unlawful:

      (a) For any person to operate, maintain, open or establish any phar-
macy within this state without first having obtained a registration from
the board. Each application for registration of a pharmacy shall indicate
the person or persons desiring the registration, including the pharmacist
in charge, as well as the location, including the street name and number,
and such other information as may be required by the board to establish
the identity and exact location of the pharmacy. The issuance of a regis-
tration for any pharmacy shall also have the effect of permitting such
pharmacy to operate as a retail dealer without requiring such pharmacy
to obtain a retail dealer's permit. On evidence satisfactory to the board:
(1) That the pharmacy for which the registration is sought will be con-
ducted in full compliance with the law and the rules and regulations of
the board; (2) that the location and appointments of the pharmacy are
such that it can be operated and maintained without endangering the
public health or safety; (3) that the pharmacy will be under the supervision
of a pharmacist, a registration shall be issued to such persons as the board
shall deem qualified to conduct such a pharmacy.

      (b) For any person to manufacture within this state any drugs except
under the personal and immediate supervision of a pharmacist or such
other person or persons as may be approved by the board after an inves-
tigation and a determination by the board that such person or persons is
qualified by scientific or technical training or experience to perform such
duties of supervision as may be necessary to protect the public health and
safety; and no person shall manufacture any such drugs without first ob-
taining a registration so to do from the board. Such registration shall be
subject to such rules and regulations with respect to requirements, sani-
tation and equipment, as the board may from time to time adopt for the
protection of public health and safety.

      (c) For any person to distribute at wholesale any drugs without first
obtaining a registration so to do from the board.

      (d) For any person to sell or offer for sale at public auction or private
sale in a place where public auctions are conducted, any drugs without
first having obtained a registration from the board so to do, and it shall
be necessary to obtain the permission of the board in every instance where
any of the products covered by this section are to be sold or offered for
sale.

      (e) For any person to in any manner distribute or dispense samples
of any drugs without first having obtained a permit from the board so to
do, and it shall be necessary to obtain permission from the board in every
instance where the samples are to be distributed or dispensed. Nothing
in this subsection shall be held to regulate or in any manner interfere
with the furnishing of samples of drugs to duly licensed practitioners, to
pharmacists or to medical care facilities.

      (f) Except as otherwise provided in this subsection (f), for any person
operating a store or place of business to sell, offer for sale or distribute
any drugs to the public without first having obtained a registration or
permit from the board authorizing such person so to do. No retail dealer
who sells 12 or fewer different nonprescription drug products shall be
required to obtain a retail dealer's permit under the pharmacy act of the
state of Kansas or to pay a retail dealer new permit or permit renewal fee
under such act. It shall be lawful for a retail dealer who is the holder of
a valid retail dealer's permit issued by the board or for a retail dealer who
sells 12 or fewer different nonprescription drug products to sell and dis-
tribute nonprescription drugs which are prepackaged, fully prepared by
the manufacturer or distributor for use by the consumer and labeled in
accordance with the requirements of the state and federal food, drug and
cosmetic acts. Such nonprescription drugs shall not include: (1) A con-
trolled substance; (2) a drug product the label of which is required to
bear substantially the statement: ``Caution: Federal law prohibits dis-
pensing without prescription'' a prescription-only drug; or (3) a drug
product intended for human use by hypodermic injection; but such a
retail dealer shall not be authorized to display any of the words listed in
subsection (u) of K.S.A. 65-1626 and amendments thereto, for the des-
ignation of a pharmacy or drugstore.

      (g) For any person to sell any drugs manufactured and sold only in
the state of Kansas, unless the label and directions on such drugs shall
first have been approved by the board.

      (h) For any person to operate an institutional drug room without first
having obtained a registration to do so from the board. Such registration
shall be subject to the provisions of K.S.A. 65-1637a and amendments
thereto and any rules and regulations adopted pursuant thereto.

      (i) For any person to be a pharmacy student without first obtaining
a registration to do so from the board, in accordance with rules and reg-
ulations adopted by the board, and paying a pharmacy student registration
fee of $25 to the board.
 
Sec.  6. K.S.A. 1998 Supp. 65-1626, 65-1627, 65-1627i, 65-1635 and
65-1643 are hereby repealed.

 Sec.  7. This act shall take effect and be in force from and after its
publication in the statute book.

I hereby certify that the above BILL originated in the
SENATE, and passed that body

____________________________________

__________________________________
President of the Senate
__________________________________
Secretary of the Senate
Passed the HOUSE ______________________________

__________________________________
Speaker of the House
__________________________________
Chief Clerk of the House
APPROVED ______________________________

__________________________________
Governor