2006 Kansas Code - 65-1655

      65-1655.   Information required of applicant for registration to distribute at wholesale any drugs; factors in reviewing qualifications of applicants; denial of application if not in public interest; qualifications of personnel; rules and regulations. (a) The board shall require an applicant for registration to distribute at wholesale any drugs under K.S.A. 65-1643 and amendments thereto, or an applicant for renewal of such a registration, to provide the following information:

      (1)   The name, full business address and telephone number of the applicant;

      (2)   all trade or business names used by the applicant;

      (3)   addresses, telephone numbers, and the names of contact persons for all facilities used by the applicant for the storage, handling and distribution of prescription drugs;

      (4)   the type of ownership or operation of the applicant;

      (5)   the name of the owner or operator, or both, of the applicant, including:

      (A)   If a person, the name of the person;

      (B)   if a partnership, the name of each partner, and the name of the partnership;

      (C)   if a corporation, the name and title of each corporate officer and director, the corporate names and the name of the state of incorporation;

      (D)   if a sole proprietorship, the full name of the sole proprietor and the name of the business entity; and

      (6)   such other information as the board deems appropriate. Changes in any information in this subsection (a) shall be submitted to the board as required by such board.

      (b)   In reviewing the qualifications for applicants for initial registration or renewal of registration to distribute at wholesale any drugs, the board shall consider the following factors:

      (1)   Any convictions of the applicant under any federal, state or local laws relating to drug samples, wholesale or retail drug distribution or distribution of controlled substances;

      (2)   any felony convictions of the applicant under federal or state laws;

      (3)   the applicant's past experience in the manufacture or distribution of prescription drugs, including controlled substances;

      (4)   the furnishing by the applicant of false or fraudulent material in any application made in connection with drug manufacturing or distribution;

      (5)   suspension or revocation by federal, state or local government of any license or registration currently or previously held by the applicant for the manufacture or distribution of any drugs, including controlled substances;

      (6)   compliance with registration requirements under previously granted registrations, if any;

      (7)   compliance with requirements to maintain or make available to the board or to federal state or local law enforcement officials those records required by federal food, drug and cosmetic act, and rules and regulations adopted pursuant thereto; and

      (8)   any other factors or qualifications the board considers relevant to and consistent with the public health and safety.

      (c)   After consideration of the qualifications for applicants for registration to distribute at wholesale any drugs, the board may deny an initial application for registration or application for renewal of a registration if the board determines that the granting of such registration would not be in the public interest. The authority of the board under this subsection to deny a registration to distribute at wholesale any drugs shall be in addition to the authority of the board under subsection (e) of K.S.A. 65-1627 and amendments thereto or subsection (e) of K.S.A. 65-1645 and amendments thereto.

      (d)   The board by rules and regulations shall require that personnel employed by persons registered to distribute at wholesale any drugs have appropriate education or experience, or both, to assume responsibility for positions related to compliance with state registration requirements.

      (e)   The board by rules and regulations may implement this section to conform to any requirements of the federal prescription drug marketing act of 1987 (21 U.S.C. 321 et seq.) in effect on the effective date of this act.

      (f)   This section shall be part of and supplemental to the pharmacy act of the state of Kansas.

      History:   L. 1991, ch. 189, § 1; L. 1995, ch. 106, § 4; Apr. 13.