65-4123. Dispensing; schedule I designated prescription substance; prescriptions, limitations on refilling.
65-4123
65-4123. Dispensing; schedule I designated prescription substance;prescriptions, limitations on refilling.(a) Except as otherwise provided in K.S.A. 65-4117 and amendments theretoor in this subsection (a), no schedule I controlled substance may bedispensed. The board by rules and regulations may designate in accordancewith the provisions of this subsection (a) a schedule I controlledsubstance as a schedule I designated prescription substance. A schedule Icontrolled substance designated as a schedule I designated prescriptionsubstance may be dispensed only upon the written prescription of apractitioner. Prior to designating a schedule I controlled substance as aschedule I designated prescription substance, the board shall find: (1)That the schedule I controlled substance has an accepted medical use intreatment in the United States; (2) that the public health will benefit bythe designation of the substance as a schedule I designated prescriptionsubstance; and (3) that the substance may be sold lawfully under federallaw pursuant to a prescription. No prescription for a schedule Idesignated prescription substance may be refilled.
(b) Except when dispensed by a practitioner, other than apharmacy, to an ultimate user, no controlled substance in schedule II maybe dispensed without the written prescription of a practitioner or amid-level practitioner.In emergency situations, as defined by rules and regulations of theboard, schedule II drugs may be dispensed upon oral prescription of apractitioner or a mid-level practitioner reduced promptly to writing andfiled by the pharmacy. Noprescription for a schedule II substance may be refilled.
(c) Except when dispensed by a practitioner, other than a pharmacy,to an ultimate user, a controlled substance included in schedule IIIor IV which is a prescription drug shall not be dispensed without awritten or oral prescription of a practitioner or a mid-levelpractitioner. The prescription shall notbe filled or refilled more than six months after the date thereof or berefilled more than five times.
(d) A controlled substance shall not be distributed or dispensed otherthan for a medical purpose. Prescriptions shall be retained inconformity with the requirements of K.S.A. 65-4121 and amendments thereto.
History: L. 1972, ch. 234, § 23; L. 1972, ch. 235, § 1; L. 1982,ch. 269, § 7;L. 1986, ch. 242, § 2;L. 1999, ch. 115, § 15; Apr. 1, 2000.