Session of 1999
SENATE BILL No. 385 By Special Committee on Judiciary 12-15

9 AN ACT enacting the Kansas internet pharmacy consumer protection
10 act; prescribing certain requirements; penalties for certain violations.
11
12 Be it enacted by the Legislature of the State of Kansas:
13 Section 1. This act shall be known and may be cited as the Kansas
14 internet pharmacy consumer protection act.
15 Sec. 2. As used in this act: (a) "Deliver" means the same as provided
16 in K.S.A. 65-1626, and amendments thereto;
17 (b) "dispense" means the same as provided in K.S.A. 65-1626, and
18 amendments thereto;
19 (c) "distribute" means the same as provided in K.S.A. 65-1626, and
20 amendments thereto;
21 (d) "electronic mail" means any message transmitted through the in-
22 ternational network of interconnected government, educational and com-
23 mercial computer networks, including but not limited to, messages trans-
24 mitted from or to any address affiliated with an internet site;
25 (e) "foreign entity" means any corporation, limited liability company
26 or other body corporate if organized under the law of any jurisdiction
27 other than the state of Kansas;
28 (f) "internet site" means a specific location on the international net-
29 work of interconnected government, educational and commercial com-
30 puter networks that is determined by internet protocol numbers or by a
31 domain name, or both, including but not limited to, domain names that
32 use the designations ".com," ".edu," ".gov," ".org" and ".net";
33 (g) "person" means any individual, corporation, partnership, limited
34 liability company, limited liability partnership, limited partnership, asso-
35 ciation, joint venture or any other legal or commercial entity, whether
36 foreign or domestic;
37 (h) "pharmacist" means the same as provided in K.S.A. 65-1626, and
38 amendments thereto;
39 (i) "pharmacy" means the same as provided in K.S.A. 65-1626, and
40 amendments thereto;
41 (j) "practioner" means the same as provided in K.S.A. 65-1626, and
42 amendments thereto;
43 (k) "prescription-only drug" means the same as provided in K.S.A.

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1 65-1626, and amendments thereto; and
2 (l) "prescription order" means the same as provided in K.S.A. 65-
3 1626, and amendments thereto.
4 Sec. 3. A person may not sell, dispense or deliver or participate in
5 the sale, dispensing or delivery of any prescription-only drug to any con-
6 sumer in this state if the consumer submitted the purchase order for the
7 prescription-only drug or conducted any other part of the sales transaction
8 for the prescription-only drug through an internet site or by electronic
9 mail, unless: (a) All internet sites and electronic mail used by such person
10 for purposes of sales or delivery of a prescription-only drug are in com-
11 pliance with all requirements of federal law applicable to such site or
12 electronic mail; and
13 (1) Any pharmacy or pharmacist who dispenses, distributes or deliv-
14 ers the prescription-only drug, or any other person who distributes or
15 delivers the prescription-only drug, is in compliance with all requirements
16 of the Kansas pharmacy practice act, K.S.A. 65-1626 et seq., and amend-
17 ments thereto, and with all rules and regulations promulgated pursuant
18 thereto. The pharmacy, pharmacist or other person shall be properly li-
19 censed by or registered with the Kansas board of pharmacy to engage in
20 the practice of pharmacy or shall be properly registered with the Kansas
21 board of pharmacy as a nonresident pharmacy; or
22 (2) any practitioner who dispenses, distributes or delivers the pre-
23 scription-only drug is in compliance with all requirements of the Kansas
24 healing arts act, K.S.A. 65-2801 et seq., and amendments thereto, and
25 with all rules and regulations promulgated pursuant thereto;
26 (b) the practitioner who writes the prescription order has conducted
27 a consultation or examination with the consumer and, if the consumer is
28 physically located in this state at the time of the consultation or exami-
29 nation, the practitioner is in compliance with all requirements of the
30 Kansas healing arts act, K.S.A. 65-2801 et seq., and amendments thereto,
31 and with all rules and regulations promulgated pursuant thereto; and
32 (c) the person, if a foreign entity, is registered with the secretary of
33 state of the state of Kansas and is in compliance with all requirements for
34 foreign corporations as provided by the general corporation code, K.S.A.
35 17-6001 et seq., and amendments thereto, including but not limited to
36 K.S.A. 17-7301, and amendments thereto. Nothing in this subsection shall
37 be construed to authorize any corporation to engage in the practice of
38 medicine except as provided in the professional corporation law of Kan-
39 sas, K.S.A. 17-2706 et seq., and amendments thereto.
40 Sec. 4. A person may not sell, dispense or deliver or participate in
41 the sale, dispensing or delivery of any prescription-only drug to any con-
42 sumer in the state if the consumer submitted the purchase order for the
43 prescription-only drug or conducted any other part of the sales transaction

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1 for the prescription-only drug through an internet site unless the internet
2 site displays, in a clear and conspicuous manner the following: (a) The
3 name of each person who causes the sale, dispensing or delivery of a
4 prescription-only drug to any consumer in this state;
5 (b) the address of the principal place of business of each person who
6 causes the sale, dispensing or delivery of a prescription-only drug to any
7 consumer in this state;
8 (c) the telephone number of each person who causes the sale, dis-
9 pensing or delivery of, a prescription-only drug to any consumer or other
10 person in this state; and
11 (d) the license number or registration number, or both, issued by the
12 Kansas board of pharmacy to each individual who serves as a pharmacist
13 for purposes of the site.
14 Sec. 5. (a) No person who sells, dispenses or delivers or participates
15 in the sale, dispensing or delivery of any prescription-only drug to any
16 consumer in this state, if the consumer submitted the purchase order for
17 the prescription-only drug or conducted any other part of the sales trans-
18 action for the prescription-only drug through an internet site or by elec-
19 tronic mail, may do any of the following: (1) Disclaim, limit or waive any
20 liability to which the person otherwise is subject under law of the state
21 of Kansas for the act or practice of selling, prescribing, dispensing or
22 delivering prescription-only drugs; or
23 (2) disclaim, limit or waive the jurisdiction of the courts of the state
24 of Kansas over the subject matter of the act or practice of selling, pre-
25 scribing, dispensing or delivering prescription-only drugs or over the par-
26 ties involved therein; or
27 (3) disclaim, limit or waive the application of the laws of the state of
28 Kansas to the act or practice of selling, prescribing, dispensing or deliv-
29 ering prescription-only drugs to the consumer or other person in this
30 state.
31 (b) Any disclaimer, limitation or waiver in violation of this section is
32 void.
33 (c) Any attempt to make any disclaimer, limitation or waiver in vio-
34 lation of this section is a violation of this act.
35 Sec. 6. (a) This act shall be a part of and supplemental to the Kansas
36 consumer protection act.
37 (b) Any violation of this act is an unconscionable act or practice under
38 the Kansas consumer protection act.
39 (c) Any violation of this act by a pharmacy or pharmacist is a violation
40 of the pharmacy practice act, K.S.A. 65-1626 et seq., and amendments
41 thereto.
42 (d) Any violation of this act by a practitioner is a violation of the
43 Kansas healing arts act, K.S.A. 65-2801 et seq., and amendments thereto.

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