2006 Kansas Code - 65-1663

      65-1663.   Registration of pharmacy technicians; applications; registration fee; qualifications for registration; expiration and renewal of registration; grounds for denial of application or registration; revocation, suspension or limitation of registration; responsibilities of pharmacists and pharmacies; rules and regulations. (a) It shall be unlawful for any person to function as a pharmacy technician in this state unless such person is registered with the board as a pharmacy technician. Except as otherwise provided in subsection (d), every applicant for registration as a pharmacy technician shall have passed an examination approved by the board. The board shall adopt rules and regulations establishing the criteria for the required examination and a passing score.

      (b)   All applications for registration shall be made on a form to be prescribed and furnished by the board. Each application for registration shall be accompanied by a registration fee fixed by the board by rule and regulation of not to exceed $50.

      (c)   The board shall take into consideration any felony conviction of an applicant, but such conviction shall not automatically operate as a bar to registration.

      (d)   All persons who are employed as a pharmacy technician in a Kansas pharmacy on the effective date of this act shall be entitled to continue performing the functions of a pharmacy technician until October 31, 2004, without registering pursuant to the requirements of this section and without passing the examination required by subsection (a). To perform the functions of a pharmacy technician after such date, such person shall have passed the examination referred to in subsection (a) and be registered by the board as a pharmacy technician.

      (e)   Each pharmacy technician registration issued by the board shall expire on October 31 of the year specified by the board. Each applicant for renewal of a pharmacy technician registration shall be made on a form prescribed and furnished by the board and shall be accompanied by a renewal fee fixed by the board by rule and regulation of not to exceed $25. Except as otherwise provided in this subsection, the application for registration renewal, when accompanied by the renewal fee and received by the executive secretary of the board on or before the date of expiration of the registration, shall have the effect of temporarily renewing the applicant's registration until actual issuance or denial of the renewal registration. If at the time of filing a proceeding is pending before the board which may result in the suspension, probation, revocation or denial of the applicant's registration, the board may by emergency order declare that the application for renewal shall not have the effect of temporarily renewing such applicant's registration. If the renewal fee is not paid by December 1 of the renewal year, the registration is void.

      (f) (1)   The board may limit, suspend or revoke a registration or deny an application for issuance or renewal of any registration as a pharmacy technician on any ground, which would authorize the board to take action against the license of a pharmacist under K.S.A. 65-1627, and amendments thereto.

      (2)   The board may require a physical or mental examination, or both, of a person applying for or registered as a pharmacy technician.

      (3)   The board may temporarily suspend or temporarily limit the registration of any pharmacy technician in accordance with the emergency adjudicative proceedings under the Kansas administrative procedure act if the board determines that there is cause to believe that grounds exist for disciplinary action under this section against the registrant and that the registrant's continuation of pharmacy technician functions would constitute an imminent danger to the public health and safety.

      (4)   Proceedings under this section shall be subject to the Kansas administrative procedure act.

      (g)   Every registered pharmacy technician, within 30 days of obtaining new employment, shall furnish the board's executive secretary notice of the name and address of the new employer.

      (h)   Each pharmacy shall at all times maintain a list of the names of pharmacy technicians employed by the pharmacy and shall post in a conspicuous location in the prescription area of the pharmacy the names of the pharmacy technicians currently on duty at the pharmacy, if any. A pharmacy technician shall work under the direct supervision and control of a pharmacist. It shall be the responsibility of the supervising pharmacist to determine that the pharmacy technician is in compliance with the applicable rules and regulations of the board, and the supervising pharmacist shall be responsible for the acts and omissions of the pharmacy technician in the performance of the pharmacy technician's duties. The ratio of pharmacy technicians to pharmacists in the prescription area of a pharmacy shall be prescribed by the board by rule and regulation.

      (i)   The board shall adopt such rules and regulations as are necessary to ensure that pharmacy technicians are adequately trained as to the nature and scope of their lawful duties.

      (j)   The board may adopt rules and regulations as may be necessary to carry out the purposes and enforce the provisions of this act.

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

      History:   L. 2003, ch. 85, § 1; L. 2005, ch. 66, § 1; Apr. 14.