4             1997 Session Laws of Kansas             Ch. 2

Chapter 2

SENATE BILL No. 77

An Act concerning the dispensing and administering of drugs; amending K.S.A. 65-1635

and repealing the existing section.

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

Section 1. K.S.A. 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 administering, 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

Ch. 2             1997 Session Laws of Kansas             5

Kansas food, drug and cosmetic act and be subject to inspection as pro-
vided 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,'' 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. 2. K.S.A. 65-1635 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.

Approved March 6, 1997.