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100-28a-13. Prescription-only drugs - The law book listed below contains the current "unofficial" pharmacy law and rules


100-28a-13. Prescription-only drugs.



(a) A physician assistant may prescribe a prescription only drug or administer or supply a prescription only drug as authorized by the drug prescription protocol required by K.A.R. 100-28a-9 and as authorized by this regulation.

(b) As used in this regulation, ‘‘emergency situation’’ shall have the meaning ascribed to it in K.A.R. 68-20-19(a)(5).

(c) A physician assistant may directly administer a prescription-only drug as follows:

(1) If directly ordered or authorized by the responsible or designated physician;

(2) if authorized by a written drug prescription protocol between the responsible physician and the physician assistant; or

(3) if an emergency situation exists.

(d)(1) A physician assistant may prescribe a schedule II controlled substance in the same manner as that in which the physician assistant may perform acts that constitute the practice of medicine and surgery as specified in K.A.R. 100-28a- 6. Except as specified in paragraph (d)(2), each prescription for a schedule II controlled substance shall be in writing.

(2) A physician assistant may, by oral or telephonic communication, prescribe a schedule II controlled substance in an emergency situation. Within seven days after authorizing an emergency prescription order, the physician assistant shall cause a written prescription, completed in accordance with appropriate federal and state laws, to be delivered to the dispenser of the drug.

(e) A physician assistant may orally, telephonically, or in writing prescribe a controlled substance listed in schedule III, IV, or V, or a prescription only drug not listed in any schedule as a controlled substance in the same manner as that in which the physician’s assistant may perform acts that constitute the practice of medicine and surgery as specified in K.A.R. 100-28a-6.

(f) Each written prescription order by a physician assistant shall meet the following requirements:

(1) Contain the name, address, and telephone number of the responsible physician;

(2) contain the name, address, and telephone number of the physician assistant;

(3) be signed by the physician assistant with the letters ‘‘P.A.’’ following the signature;

(4) contain any DEA registration number issued to the physician assistant if a controlled substance is prescribed; and

(5) indicate whether the prescription order is being transmitted by direct order of the responsible or designated physician, pursuant to a written protocol, or because of an emergency situation.

(g) A physician assistant may supply a prescription only drug to a patient only if all of the following conditions are met:

(1) If the drug is supplied under the same conditions as those in which a physician assistant may directly administer a prescription-only drug, as described in subsection (b) above;

(2) if the drug has been provided to the physician assistant or the physician assistant’s responsible physician or employer at no cost;

(3) if the drug is commercially labeled and is supplied to the patient in the original prepackaged unit-dose container; and

(4) if the drug is supplied to the patient at no cost.

(h) A physician assistant shall not administer, supply, or prescribe a prescription-only drug for any quantity or strength in excess of the normal and customary practice of the responsible physician.

(Authorized by K.S.A. 2000 Supp. 65-28a03; implementing K.S.A. 2000 Supp. 65- 28a08; effective, T-100-2-13-01, Feb. 13, 2001; effective June 1, 2001.)

100-28a-14. Different practice location.



(a) ‘‘Different practice location’’ means an office or location that is maintained or utilized by a responsible physician to regularly meet patients or to receive calls and that is not the primary practice location of the responsible physician.

(b) A physician assistant may perform acts that constitute the practice of medicine and surgery at a different practice location only if all of the following conditions are met:

(1) Before providing any services at the different practice location, the physician assistant has spent a minimum of 80 hours since being licensed under the immediate or physical supervision and direction of a physician licensed in this state.

(2) A physician licensed in this state periodically sees and treats patients at the different practice location.

(3) Written notice is conspicuously posted that the different practice location is staffed primarily by a physician assistant.

(Authorized by K.S.A. 2004 Supp. 65-28a03; implementing K.S.A. 65-28a08; effective, T-100-2-13-01, Feb. 13, 2001; effective June 1, 2001; amended July 22, 2005.)

NATUROPATHIC ACT - SELECTED STATUTES



65-7201.

 

Citation of act.

K.S.A. 65-7201 to 65-7218, inclusive, and amendments thereto shall be known and may be cited as the naturopathic doctor licensure act.

History:

  L. 2002, ch. 203, § 20; L. 2010, ch. 126, § 1; July 1.

65-7202. Definitions.

As used in K.S.A. 65-7201 to 65-7218, inclusive, and amendments thereto:

(a) "Naturopathic doctor" means a doctor of naturopathic medicine who is authorized and licensed pursuant to this act.

(b) "Naturopathic medicine," or "naturopathy" means a system of health care practiced by naturopathic doctors for the prevention, diagnosis and treatment of human health conditions, injuries and diseases, that uses education, natural medicines and therapies to support and stimulate the individual's intrinsic self-healing processes, and includes prescribing, recommending or administering:

(1) Food, food extracts, vitamins, minerals, enzymes, whole gland thyroid, botanicals, homeopathic preparations, nonprescription drugs, plant substances that are not designated as prescription drugs or controlled substances, topical drugs as defined in subsection (i) of this section, and amendments thereto;

(2) health care counseling, nutritional counseling and dietary therapy, naturopathic physical applications, barrier contraceptive devices;

(3) substances on the naturopathic formulary which are authorized for intramuscular or intravenous administration pursuant to a written protocol entered into with a physician who has entered into a written protocol with a naturopathic doctor licensed under this act;

(4) noninvasive physical examinations, venipuncture to obtain blood for clinical laboratory tests and oroficial examinations, excluding endoscopies;

(5) minor office procedures; and

(6) naturopathic acupuncture.

A naturopathic doctor may not perform surgery, obstetrics, administer ionizing radiation, or prescribe, dispense or administer any controlled substances as defined in K.S.A. 65-4101, and amendments thereto, or any prescription-only drugs except those listed on the naturopathic formulary adopted by the board pursuant to this act.

(c) “Board" means the state board of healing arts.

(d) "Approved naturopathic medical college" means a college and program granting the degree of doctor of naturopathy or naturopathic medicine that has been approved by the board under this act and which college and program requires at a minimum a four-year, full-time resident program of academic and clinical study.

(e) "Homeopathic preparations" means substances and drugs prepared according to the official homeopathic pharmacopoeia recognized by the United States food and drug administration.

(f) "Naturopathic acupuncture" means the insertion of fine metal needles through the skin at specific points on or near the surface of the body with or without the palpation of specific points on the body and with or without the application of electric current or heat to the needles or skin or both to treat human disease and impairment and to relieve pain.

(g) "Minor office procedures" means care incidental to superficial lacerations and abrasions, superficial lesions and the removal of foreign bodies located in the superficial tissues, except eyes, and not involving blood vessels, tendons, ligaments or nerves. "Minor office procedures" includes use of antiseptics, but shall not include the suturing, repairing, alteration or removal of tissue or the use of general or spinal anesthesia. Minor office procedures does not include anesthetics or surgery.

(h) "Naturopathic physical applications" means the therapeutic use by naturopathic doctors of the actions or devices of electrical muscle stimulation, galvanic, diathermy, ultrasound, ultraviolet light, constitutional hydrotheraphy, naturopathic musculoskeletal technique and therapeutic exercise.

(i) "Topical drugs" means topical analgesics, antiseptics, scabicides, antifungals and antibacterials but does not include prescription only drugs.

(j) "Physician" means a person licensed to practice medicine and surgery.

(k) "Written protocol" means a formal written agreement between a naturopathic doctor licensed under this act and a person licensed to practice medicine and surgery. Any licensee of the board entering into a written protocol with a licensed naturopathic doctor shall notify the board in writing of such relationship by providing such information as the board may require.

History

: L. 2002, ch. 203, § 21; L. 2010, ch. 126, § 2; July 1.

65-7211. Unlawful representations; authority not conferred upon naturopathic doctors to engage in activities not conferred by act.

(a) A person licensed under this act as a naturopathic doctor shall:

(1) use the letters “N.D.”, when using the letters or term “Dr.” or “Doctor” to identify themselves to patients or to the public; and

(2) be authorized to use the words “naturopathic doctor”, “doctor of naturopathy”, “doctor of naturopathic medicine”, or “naturopath”, to indicate that such a person is a naturopathic doctor licensed under this act. A person licensed under this act may not advertise, hold themselves out to the public, refer to themselves, or use the terms “naturopathic physician”, “physician”, or “naturopathic medical doctor” in conjunction with such licensee’s name. A violation of this subsection (a) shall constitute a class B misdemeanor.

(b) It shall be unlawful for any person who is not licensed under this act as a naturopathic doctor or whose license has been suspended or revoked to hold oneself out to the public in any manner as a licensed naturopathic doctor, or use the abbreviation of "N.D." or the words "naturopathic doctor," "doctor of naturopathy," "doctor of naturopathic medicine," "naturopath," "naturopathic medical doctor" or any other words, letters, abbreviations or insignia indicating or implying that such person is a naturopathic doctor. A violation of this subsection (b) shall constitute a class B person misdemeanor.

(c) No statute granting authority to persons licensed or registered by the state board of healing arts shall be construed to confer authority upon naturopathic doctors to engage in any activity not conferred by this act.

History

: L. 2002, ch. 203, § 30; L. 2010, ch. 126, § 10; July 1.

NATUROPATHIC - SELECTED REGULATIONS



100-72-8. Naturopathic formulary

. The following list shall constitute the naturopathic formulary for drugs and substances that are approved for intramuscular (IM) or intravenous (IV) administration, or both, by a naturopathic doctor pursuant

to a written protocol entered into with a physician:

(a) Electrolytes and carrier solutions:

(1) Sterile water (IV, IM);

(2) electrolyte solution (IV);

(3) lactated ringers (IV);

(4) saline solution (IV); and

(5) half normal saline (IV);

(b) vitamins:

(1) Vitamin C (IV);

(2) B complex (IV, IM);

(3) folic acid (IV, IM);

(4) vitamin D (IV);

(5) vitamin E (IV);

(6) vitamin K (IV, IM);

(7) vitamin A (IV, IM); and

(8) vitamin B12 (IV, IM);

(c) minerals:

(1) Calcium (IV, IM);

(2) chromium (IV, IM);

(3) copper (IV, IM);

(4) iron (IV, IM);

(5) zinc (IV, IM);

(6) iodine (IV, IM);

(7) magnesium (IV, IM);

(8) selenium (IV, IM);

(9) molybdenum (IV, IM);

(10) vanadium (IV, IM);

(11) phosphorus (IV, IM); and

(12) manganese (IV, IM);

(d) amino acids:

(1) Amino acids, singular or in combination (IV);

(2) glutathione (IV, IM);

(3) tryptophan (IV); and

(4) 5 hydroxy tryptophan (IV);

(e) botanicals:

(1) Glycyrrhizin (IV, IM); and

(2) thujone-free artemisia (IV, IM); and

(f) the following miscellaneous drugs and substances:

(1) Lipids (IV);

(2) co-enzyme Q 10 (also known as ubiquinone or Co-Q 10) (IV, IM);

(3) alpha lipoic acid (IV, IM);

(4) hydrochloric acid (IV);

(5) epinephrine (IM);

(6) chelators, only with prior board approval:

(A) EDTA (IV); and

(B) DMPS (IV);

(7) diphenhydramine hydrochloride (IV, IM); and

(8) atropine sulfate (IV).

(Authorized by K.S.A. 65-7203; implementing K.S.A. 65-7212; effective Jan. 21, 2005.)

100-72-9. Written protocol.

(a) Each physician entering into a written protocol with a registered naturopathic doctor shall be licensed to practice medicine and surgery in the state of Kansas and shall provide a copy of the protocol to the board within 10 days of entering into the protocol.

(b) Each written protocol between a physician and a naturopathic doctor shall contain the following information:

(1) The date on which the protocol was signed and the signatures of the physician and the naturopathic doctor;

(2) the license number of the physician and the registration number of the naturopathic doctor;

(3) the names of the drugs and substances from the naturopathic formulary, which is specified in K.A.R. 100-72-8, that the naturopathic doctor will be allowed to administer and the method of administration of each drug and substance;

(4) the usage and dosage authorized for each drug and substance;

(5) any warning or precaution associated with the administration of each drug and substance;

(6) a statement that a current copy of the protocol will be maintained at each practice location of the physician and the naturopathic doctor and that any change made to the protocol will be provided to the board within 10 days of making the change;

(7) a statement that the physician is professionally competent to order each drug and substance that the protocol authorizes the naturopathic doctor to administer and that treating the conditions identified in the protocol is within the lawful and customary practice of the physician;

(8) a statement that the authority to administer any drug or substance intravenously is limited to times when the physician either is physically present in the same building or can be present within five minutes at the location where the service is performed;

(9) the identification of any task or service that the physician delegates to any unlicensed person working with the naturopathic doctor;

(10) a statement that emergency procedures have been established by the physician and

adopted by the naturopathic doctor to protect the patient in the absence of the physician and that the naturopathic doctor is competent to carry out those emergency procedures; and

(11) any conditions imposed by the physician on the naturopathic doctor before the administration of any of the drugs and substances listed in the protocol.

(c) Each written protocol shall be reviewed by the physician and naturopathic doctor at least annually, and each review shall be signed and dated on the current copy of the protocol.

(Authorized by K.S.A. 65-7203; implementing K.S.A. 65-7202; effective Nov. 19, 2004.)

CONTACT LENS PRESCRIPTIONS - SELECTED STATUTES


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