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Kansas Now Requires Non-resident Pharmacies to Designate a Kansas-licensed PIC

Health Law Alert Nicholas H. Meza, Edward D. Rickert

Kansas has joined the growing list of states that require non-resident pharmacies to designate a pharmacist-in-charge (PIC) who holds a Kansas pharmacist license. See Kan. Admin. Regs. 68-7-12a. On December 6, 2017, amendments to the Kansas Board of Pharmacy's (Board) non-resident pharmacy regulations were approved. The rule changes require each non-resident pharmacy to designate a Kansas-licensed pharmacist as the non-resident pharmacy's PIC. The rule change also requires all practicing pharmacists employed by or under contract with the non-resident pharmacy be licensed in the state where that pharmacist is practicing.

The new rule also imposes new inspection requirements. Non-resident pharmacies are required to provide the Board with proof of a satisfactory inspection conducted within the past 18 months by the non-resident pharmacy’s state board of pharmacy. If no state inspection is available, the non-resident pharmacy may, at its own expense, contract with a Board-approved third party for an inspection.

The rule became effective on January 12, 2018 and the non-resident pharmacy application has been revised to reflect the change. However, the Board will give sufficient time for non-resident pharmacies to comply with the new PIC licensure requirements and has indicated that it will begin enforcing the new requirement upon renewal of existing non-resident pharmacy permits in June 2018.

For additional information, please call your local Quarles & Brady attorney or contact