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| Helping pharmacy & health communities improve access to Emergency Contraception (EC) |
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EC PHARMACY UPDATEThere is currently no known activity promoting direct pharmacy access to EC. Please Note: This state has an optimal environment for EC protocols between pharmacists and physicians. To learn more click here.
CONTACTSJulie Burkhart Mike Larkin
USEFUL LINKSKansas State Board of Pharmacy Kansas Pharmacists Association Kansas Pharmacy Service Corps Kansas Legislature Planned Parenthood of Kansas and Mid-Missouri Kansas Department of Health & Environment
PROTOCOL ENVIRONMENTOptimal Environment: No Revision to Authority Necessary Existing statutes and regulations would accommodate pharmacists’ initiation of emergency contraception, generally under a collaborative practice agreement (protocol) with a prescriber. Statutory/regulatory authorization for a collaborative practice agreement does not require Board review/approval for new activity, but confirmation and/or approval from the Board of Pharmacy is recommended. Pharmacist initiation of EC requires would require development of a protocol and securing prescriber authorization.
PHARMACY PRACTICE ACTPharmacy Practice Act Regulatory and Statutory Authority Note: The text presented below has been prepared by the American Pharmacists Association for the Pharmacy Access Partnership and reflects legislation or regulation promulgated as of June 15, 2003. KANSAS Pharmacists practicing in any setting may enter into a “practice protocol” with a physician pursuant to a broadly worded Board of Healing Arts’ statute (referred to as the “Captain of the Ship Doctrine”) that says existing statutory language authorizes physicians to “direct, supervise, order, refer, accept responsibility for, enter into practice protocols with or delegate” functions, such as drug therapy management, to pharmacists and certain other health professionals if the physician:
While the medical board does not review these protocols, it does maintain the authority to approve the classes of professionals with whom physicians can collaborate. The statute did not require a protocol to be patient-specific, so presumably a physician could delegate the authority to administer emergency contraception to community pharmacists, but this interpretation of the law clearly should be evaluated by in-state authorities. Pharmacists practicing in any setting may also administer immunizations, via any route of delivery, to persons 18 or older pursuant to a vaccine protocol which need not be patient-specific. Pharmacists must first complete certain requirements. The scope of authorized activity has few restrictions other than three documentation requirements and a limit of two years on the protocol’s duration. All students now graduating from pharmacy school in Kansas are certified in immunization administration. Statutory authority: Kan. Stat. Ann. § 65-2872(g), § 65-1626(a), § 65-1626a. Kan. Stat. Ann. § 65-2872, § 65-28,127, § 65-1626, 1626a, and 1635a. Regulatory authority: Kan. Admin. Regs. do not specifically address
KANSAS STATUTES Chapter 65.--PUBLIC HEALTH Article 28.--HEALING ARTS 65-2872. Persons not engaged in the practice of the healing arts. The practice of the healing arts shall not be construed to include the following persons: … (g) Persons whose professional services are performed under the supervision or by order of or referral from a practitioner who is licensed under this act. . . . (p) Pharmacists practicing their profession, when licensed and practicing under and in accordance with the provisions of article 16 of chapter 65 of the Kansas Statutes Annotated, or amendments thereto, and any interpretation thereof by the supreme court of this state. 65-28,127. Licensees who direct, supervise, order, refer, accept responsibility for, enter into practice protocols with or delegate acts which constitute practice of healing arts to others; requirements and limitations; construction of section. (a) Every responsible licensee who directs, supervises, orders, refers, accepts responsibility for, enters into practice protocols with, or who delegates acts which constitute the practice of the healing arts to other persons shall: History: L. 1998, ch. 170, § 1; L. 2000, ch. 162, § 20; Feb. 1, 2001. KANSAS PHARMACY PRACTICE ACT CHAPTER 65 – PUBLIC HEALTH ARTICLE 16. REGULATION OF PHARMACISTS 65-1626. Definitions. 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:
(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. … (q) “Manufacture” means the production, preparation, propagation, compounding, conversion or processing of a drug either directly or indirectly by extraction from substances of natural origin, independently by means of chemical synthesis or by a combination of extraction and chemical synthesis and includes any packaging or repackaging of the drug or labeling or relabeling of its container, except that this term shall not include the preparation or compounding of a drug by an individual for the individual's own use or the preparation, compounding, packaging or labeling of a drug by:
… (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. . . . (jj) ‘‘Vaccination protocol’’ means a written protocol, agreed to by a pharmacist and a person licensed to practice medicine and surgery by the state board of healing arts, which establishes procedures and recordkeeping and reporting requirements for administering a vaccine by the pharmacist for a period of time specified therein, not to exceed two years. 65-1626a. Practice of pharmacy defined; persons engaged as pharmacists. (b) “Practice of pharmacy” means the interpretation and evaluation of prescription orders; the compounding, dispensing and labeling of drugs and devices pursuant to prescription orders; the participation in drug selection according to state law and participation in drug utilization reviews; the proper and safe storage of prescription drugs and prescription devices and the maintenance of proper records thereof in accordance with law; consultation with patients and other health care practitioners about the safe and effective use of prescription drugs and prescription devices; and participation in the offering or performing of those acts, services, operations or transactions necessary in the conduct, operation, management and control of a pharmacy. Nothing in this subsection shall be construed to add any additional requirements for registration or for a permit under the pharmacy act of the state of Kansas or for approval under subsection (g) of K.S.A. 65-1643 and amendments thereto, or to prevent persons other than pharmacists from engaging in drug utilization review, or to require persons lawfully in possession of prescription drugs or prescription devices to meet any storage or record keeping requirements except such storage and record keeping requirements as may be otherwise provided by law or to affect any person consulting with a health care practitioner about the safe and effective use of prescription drugs or prescription devices. History: L. 1997, ch. 112, § 4; July 1.
KANSAS REGULATIONS Not addressed.
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