CHAPTER 87 SENATE BILL No. 198 An Act relating to pharmacists and pharmacies; prescription requirements; amending K.S.A. 1997 Supp. 65-1637 and repealing the existing section. Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 1997 Supp. 65-1637 is hereby amended to read as
follows: 65-1637. In every store, shop or other place defined in this act
as a ``pharmacy'' there shall be a pharmacist in charge and the compound-
ing and putting up of prescriptions shall be limited to pharmacists only
and, except as otherwise provided by law, the compounding and dispens-
ing of prescriptions shall be limited to pharmacists only. Except as oth-
erwise provided by the pharmacy act of this state, when a pharmacist is
not in attendance at a pharmacy, the premises shall be enclosed and
secured. Prescription orders may be written, oral or, telephonic or by
electronic transmission unless prohibited by law. Blank forms for written
prescription orders may have two signature lines. The first If there are
two lines, one signature line shall state: ``Dispense as written          .''
and the second other signature line shall state: ``Brand exchange permis-
sible          .'' Prescriptions shall only be filled or refilled in accord-
ance with the following requirements:

(a) All prescriptions shall be filled in strict conformity with any di-
rections of the prescriber, except that a pharmacist who receives a pre-
scription order for a brand name drug product may exercise brand
exchange with a view toward achieving a lesser cost to the purchaser
unless:

(1) The prescriber, in the case of a prescription signed by the pre-
scriber and written on a blank form containing two signature lines, signs
the first signature line following the statement ``dispense as written
         ,'' or

(2) the prescriber, in the case of a prescription signed by the pre-
scriber, writes in the prescriber's own handwriting ``dispense as written''
on the prescription, or

(3) the prescriber, in the case of a prescription other than one in
writing signed by the prescriber, expressly indicates the prescription is to
be dispensed as communicated, or

(4) the federal food and drug administration has determined that a
drug product of the same generic name is not bioequivalent to the pre-
scribed brand name prescription medication.

(b) Prescription orders shall be recorded in writing by the pharmacist
and the record so made by the pharmacist shall constitute the original
prescription to be dispensed by the pharmacist. This record, if telephoned
by other than the physician shall bear the name of the person so tele-
phoning. Nothing in this paragraph shall be construed as altering or af-
fecting in any way laws of this state or any federal act requiring a written
prescription order.

(c) No prescription shall be refilled unless authorized by the pre-
scriber either in the original prescription or by oral order which is reduced
promptly to writing and filled by the pharmacist.

(d) If any prescription order contains a provision that the prescription
may be refilled a specific number of times within or during any particular
period, such prescription shall not be refilled except in strict conformity
with such requirements.

(e) If a prescription order contains a statement that during any par-
ticular time the prescription may be refilled at will, there shall be no
limitation as to the number of times that such prescription may be refilled
except that it may not be refilled after the expiration of the time specified
or one year after the prescription was originally issued, whichever occurs
first, except that a prescription may be refilled after such a one-year pe-
riod if in the opinion of the prescriber continued renewal of the prescrip-
tion does not present a medical risk to the patient.

(f) Any pharmacist who exercises brand exchange and dispenses a less
expensive drug product shall not charge the purchaser more than the
regular and customary retail price for the dispensed drug.

Nothing contained in this section shall be construed as preventing a
pharmacist from refusing to fill or refill any prescription if in the phar-
macist's professional judgment and discretion such pharmacist is of the
opinion that it should not be filled or refilled.

 Sec. 2. K.S.A. 1997 Supp. 65-1637 is hereby repealed.

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

Approved April 7, 1998

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