Article 21.--DISPENSING PHYSICIANS

K.A.R. 100-21-1. Definition of dispensing physician. "Dispensing physician" means a person licensed to practice medicine and surgery who purchases and keeps drugs and compounds his or her own prescriptions for the purpose of supplying such drugs to his or her patients. (Authorized by K.S.A. 65-2865; effective, E-81-11, May 14, 1980; effective May 1, 1981.)

K.A.R. 100-21-2. Drug label. A dispensing physician shall clearly label each drug dispensed. The label shall be typed or machine printed and shall include the following: (a) The name, address and telephone number of the dispensing physician.
(b) The full name of the patient.
(c) The identification number assigned to the prescription order by the dispensing physician.
(d) The date the prescription was filled or refilled.
(e) Adequate directions for use.
(f) The expiration date of the drug dispensed, if applicable.
(g) The brand name or corresponding generic name and manufacturer or distributors name and the strength, at the discretion of the physician. (Authorized by K.S.A. 65-2865; effective, E-81-11, May 14, 1980; effective May 1, 1981.)

K.A.R. 100-21-3. Packaging. All oral medications shall be dispensed in child resistant containers in accordance with the poison prevention packaging act of 1970 and in light resistant air-tight containers as required by the United States pharmacopeia. In those cases where a bona fide circumstance exists to make it undesirable to use safety closures, medication may be dispensed in a non-child resistant container. (Authorized by K.S.A. 65-2865; effective, E-81-11, May 14, 1980; effective May 1, 1981.)

K.A.R. 100-21-4. Record keeping and inventories. (a) There shall be kept in the office of every dispensing physician a suitable book or file in which shall be preserved for a period of not less than three (3) years, every prescription order filled or refilled by such dispensing physician, and said book or file of prescription orders shall at all times be open to inspection to proper authorities.
(b) Each dispensing physician shall maintain the inventories and records of controlled substances as follows: (1) Inventories and records of all controlled substances listed in schedules I and II shall be maintained separately from all other records and prescriptions for such substances shall be maintained in a separate prescription file:
(2) Inventories and records of controlled substances listed in schedules III, IV, and V shall be maintained either separately from all other records or in such form that the information required is readily retrievable from ordinary business records and prescriptions for such substances shall be maintained either in a separate prescription file for controlled substances listed in schedules III, IV, and V only, or in such form that they are readily retrievable from the other prescription records. Prescriptions will be deemed readily retrievable if, at the time they are initially filled the face of the prescription is stamped in red ink in the lower right corner with the letter "C" no less than 1-inch high and filed either in the prescription file for controlled substances listed in schedules I and II or in the usual consecutively numbered prescription file for non-controlled substances.
(c) Inventory requirements. An initial inventory of all controlled substances shall be taken and recorded. Every two years on May 1, a new inventory shall be taken and recorded. The records of these inventories shall be maintained for a period of three years. (Authorized by K.S.A. 65-2865; effective, E-81-11, May 14, 1980; effective May 1, 1981.)

K.A.R. 100-21-5. Storage and security. (a) All dispensing physicians shall provide effective controls and procedures to guard against theft and diversion of controlled substances.
(b) All drugs shall be stored under conditions proper and suitable to maintain their integrity. (Authorized by K.S.A. 65-2865; effective, E-81-11, May 14, 1980; effective May 1, 1981.)


Kansas State Board of Healing Arts
800 SW Jackson, Lower Level - Suite A, Topeka, KS 66612
Phone: (785) 296-7413  -   Toll Free: 1-888-886-7205  -   Fax: (785) 296-0852