Kansas State Board of Pharmacy (BOP) met for their quarterly meeting at the St. Joseph's Campus of Via Christi Hospital in Wichita on November 3rd. The board has compressed their meetings from two days to one so the agenda was full.
After the administrative hearings portion of the agenda were completed, the Board discussed the upcoming Kansas Legislative Session and some of the pharmacy proposed legislation that will be considered in 2017. Highlights included the following:
Pharmacy Practice Act
Probably the biggest piece of legislation that will come before the legislature from the Kansas Board of Pharmacy is the update of the Kansas Pharmacy Practice Act. A key reason the practice act is being amended is to comply with the initial phases of the Drug Supply Chain Security Act
(DSCSA). Kansas will be required to update statutes and regulations to properly register and regulate wholesale distributors, manufacturers, outsourcing facilities, third party logistics providers, reverse distributors and other involved parties. Additionally, updates to current definitions and federal mandates will be necessary. In addition to these requirements, the board is contemplating inserting legislation governing Biosimilars in Kansas into the pharmacy practice act. Language describing this biosimilar legislation is available by clicking here. There was discussion between board members regarding a requirement for pharmacists to report the substitution of a biosimilar to the physician within five days. It appeared as though the board had concerns with that requirement.
Revisions to the Prescription Monitoring Program (PMP) is another piece of legislation that will affect Kansas pharmacy. Previously, the Board received federal grants to fund the PMP program known as K-TRACKS. The grant money used to fund this program has expired. Consequently, the Board is now using surplus funds to cover operating expenses associated with the PMP. The new legislation would allow for use of fee fund dollars through Fiscal Year 2019. Fee fund dollars would not be used if sufficient funds are available to run the program without their use. The PMP legislation would also authorize the establishment of an executive committee consisting of a representative from the Board of Healing Arts, the Board of Nursing, the Board of Dentistry and the Board of Pharmacy.
Emergency scheduling of control substance analogs as defined in K.S.A. 215701 will, if passed, be required to meet only one of the criteria stipulated instead of three as is currently the case.
According to the language of this bill, the BOP would manage the protocols, with input from the Kansas Board of Healing Arts (BOHA). This bill would allow for the creation of a statewide protocol for pharmacists to dispense naloxone from behind the counter, while creating a prescription for the naloxone so it can be tracked via K-TRACS. The bill also allows for the creation of a protocol for law enforcement and other first responders to carry naloxone. This protocol as determined by the Pharmacy and BOHA would outline training and personnel requirements for first responders to carry naloxone, much like how some law enforcement carry AEDs. The KPhA Government Affairs Committee Chairperson Jody Reel in collaboration with other pharmacy organizations in the state substantially changed the original proposed language to include pharmacy in the legislation. Kudos to member Reel and her colleagues!
Other topics of discussion at the board meeting included establishing 2017 meeting dates for the Board, strategic planning for the Board, and a joint policy statement on use of controlled substances to treat chronic pain.