Session of 2000
HOUSE BILL No. 3027
By Committee on Appropriations
3-9
10 AN ACT
concerning hospice; relating to hospice homes and pain man-
11 agement, emergency
medication kits; amending K.S.A. 1999 Supp. 65-
12 1659 and repealing the
existing section.
13
14 Be it enacted by the Legislature of the
State of Kansas:
15 Section
1. K.S.A. 1999 Supp. 65-1659 is hereby amended to read as
16 follows: 65-1659. (a) A pharmacy will be
allowed to place certain drugs
17 with a home health agency's authorized
employees and with a hospice's
18 authorized employees for the betterment of
public health. The pharmacy
19 shall remain the legal owner of the drugs.
A written agreement between
20 the pharmacy and home health agency or
hospice shall document the
21 protocol for handling and storage of these
drugs by authorized employees
22 and shall be approved by the pharmacist in
charge. The pharmacist in
23 charge shall review the protocol to assure
that safe, secure and account-
24 able handling of legend drugs is maintained
under the protocol before
25 giving approval. The pharmacist in charge
or a pharmacist designee shall
26 physically inspect and review the drug
storage and handling at the home
27 health agency and the hospice at least
quarterly during the year.
28 (b) The home
health agency protocol and the hospice protocol shall
29 include, but not be limited to, the
following:
30 (1) Safe and
secure storage of drugs;
31 (2) access to
drugs limited to authorized employees;
32 (3) records of
drugs checked out to authorized employees and re-
33 cords of drugs, amounts, to whom and by
whom administered;
34 (4) prompt
notification of the pharmacy when a drug is used, includ-
35 ing the prescriber, patient, drug, dosage
form, directions for use and other
36 pertinent information;
37 (5) billing
information;
38 (6) procedures
for handling drugs beyond their expiration date; and
39 (7) inventory
control.
40 (c) The following
legend drugs shall be allowed under these
41 agreements:
42 (1) Sterile water
for injection or irrigation;
43 (2) sterile
saline solution for injection or irrigation;
2
1 (3) heparin
flush solution;
2
(4) diphenhydramine injectable; and
3
(5) epinephrine injectable.
4 (d)
(1) Nothing contained in this act shall be construed as
prohibiting
5 a hospice home which has a written
agreement with a pharmacy as set
6 forth in subsection (a), and
amendments thereto, from maintaining an
7 emergency medication kit for pain
management of a patient in the home.
8 (2) The
hospice protocol of subsection (b) and paragraph (4) of
sub-
9 section (d), and amendments
thereto, shall be utilized for management of
10 the emergency medication kit.
11 (3) The
emergency medication kit may contain schedule II, III and
12 IV controlled substances and must be
approved by a licensed practitioner
13 who cares for the terminally ill and the
pharmacist. The emergency med-
14 ication kit shall be used only in
emergency cases under the direction of a
15 licensed practitioner or a mid-level
practitioner. The pharmacist shall
16 have supervisory responsibility of
maintaining the emergency medication
17 kit.
18 (4) Every
hospice home which maintains an emergency medication
19 kit shall comply with the following
requirements:
20
(A) Administration of controlled substances contained within
the
21 emergency medication kit shall be in
compliance with the provisions of
22 the uniform controlled substances
act.
23 (B) The
pharmacist of the hospice home shall be responsible for de-
24 veloping procedures, proper control and
accountability for the emergency
25 medication kit and shall maintain
complete and accurate records of the
26 controlled substances, if any, placed in
the emergency kit. Periodic phys-
27 ical inventory of the kit shall be
required.
28 (e)
(1) The hospice home, when registered by the board of
phar-
29 macy, may keep drugs for the purpose of
distributing drugs to patients
30 being treated by that hospice home. A
designated registered nurse or
31 nurses approved by the pharmacist in
charge shall be in charge of distri-
32 bution and control of the emergency
medication kit drugs in the hospice
33 home at the direction of a licensed
practitioner or mid-level practitioner
34 when a pharmacist is not on the
premises. Drugs supplied to patients
35 when a pharmacist is not on the premises
shall be limited to the quantity
36 necessary to control the patient's pain
as ordered by the practitioner until
37 the patient's own medication arrives at
the hospice home.
38 (2) The board
of pharmacy shall adopt rules and regulations relating
39 to specific emergency medication kit
drugs to be used, to recordkeeping
40 and to storage of the drugs by the
hospice home as are necessary for
41 proper control of such drugs.
42 (d)
(f) As used in this section: (1) ``Authorized
employee'' means any
43 employee of a home health agency or hospice
who, in the course of the
3
1 employee's duties, is licensed by the
employee's appropriate licensing
2 agency to administer legend drugs;
(2) ``home health agency'' means an
3 entity required to be licensed under
K.S.A. 65-5102 and amendments
4 thereto; and (3) hospice means an
entity authorized to hold itself out to
5 the public as a hospice or as a
licensed hospice under K.S.A. 1999 Supp.
6 65-6202 and amendments thereto.
7
(e) (g) This section shall be part of
and supplemental to the pharmacy
8 act of the state of Kansas.
9 Sec. 2. K.S.A. 1999 Supp.
65-1659 is hereby repealed.
10 Sec. 3. This act shall
take effect and be in force from and after its
11 publication in the statute book.