Kansas Statutes

Chapter 74: State Boards, Commissions And Authorities

Article 16: Board Of Pharmacy

Statutes:

• 74-1601:
• 74-1602:
• 74-1603: State board of pharmacy; creation, membership; vacancies; number of terms limited.
• 74-1604: Same; appointment; terms; qualifications.
• 74-1605: Same; names submitted by state pharmaceutical association for consideration; oaths.
• 74-1606: Officers of board; executive secretary; compensation; employees.
• 74-1607: Same; compensation and expenses of board members.
• 74-1608: Same; meetings, notice; reports.
• 74-1609: Same; executive secretary, duties; disposition of moneys received; pharmacy fee fund.
• 74-1610: Same; administration of oaths by president and executive secretary.
• 74-1611: Same; records admissible in evidence.

• 74-1601:

        History:   L. 1885, ch. 150, § 2; L. 1887, ch. 174, § 1; R.S. 1923, 74-1601; Repealed, L. 1953, ch. 290, § 38; July 1.

• 74-1602:

        History:   L. 1885, ch. 150, § 9; L. 1887, ch. 174, § 3; R.S. 1923, 74-1602; L. 1927, ch. 290, § 1; Repealed, L. 1953, ch. 290, § 38; July 1.

• 74-1603: State board of pharmacy; creation, membership; vacancies; number of terms limited. (a) There is hereby created a state board of pharmacy which shall consist of six members, five of whom shall be licensed pharmacists, and one of whom shall be a representative of the general public.

        (b)   Vacancies occurring on the board other than by expiration of term shall be filled for the unexpired term in the same manner as the original appointment was made. No person who has been appointed to and qualified for two terms of three years as a member of the board of pharmacy shall be eligible to be appointed as a member of the board.

        (c)   The office of the state board of pharmacy shall be located in the city of Topeka, Kansas.

        History:   L. 1953, ch. 290, § 4; L. 1975, ch. 319, § 36; L. 1978, ch. 308, § 57; L. 1981, ch. 299, § 53; L. 1982, ch. 263, § 5; L. 1986, ch. 231, § 34; June 1.

• 74-1604: Same; appointment; terms; qualifications. The governor shall appoint the members of the board and such members shall serve for terms of three years and until their successors are appointed and qualified.

        No pharmacist shall be eligible for appointment as a member of the board unless such pharmacist has been a resident of the state and actively employed in or engaged in the practice of pharmacy in Kansas for at least five years immediately preceding the date of appointment.

        History:   L. 1953, ch. 290, § 5; L. 1975, ch. 319, § 37; L. 1986, ch. 231, § 35; June 1.

• 74-1605: Same; names submitted by state pharmaceutical association for consideration; oaths. Upon the expiration of the term of any pharmacist, the state pharmaceutical association shall submit to the governor a list of pharmacists who meet the qualifications established by K.S.A. 74-1604 and amendments thereto, for membership on the board containing the names of not less than three times the number of registered pharmacists to be appointed to the board. In making appointments to the board, the governor shall give consideration to such list of persons. Within 30 days after their appointments, appointees to the board shall each take and subscribe to the oath prescribed by law for state officers, which shall be filed in the office of the secretary of state.

        History:   L. 1953, ch. 290, § 6; L. 1975, ch. 319, § 38; L. 1986, ch. 231, § 36; June 1.

• 74-1606: Officers of board; executive secretary; compensation; employees. (a) Annually, the board shall organize by electing a president and a vice-president and shall also appoint a full-time executive secretary who shall not be a member of the board and whose employment shall at all times be subject to the pleasure of the board. The executive secretary shall be in the unclassified service of the Kansas civil service act and shall receive an annual salary fixed by the board and approved by the state finance council.

        (b)   The board may employ, in accordance with the Kansas civil service act, such inspectors, chemists, agents and clerical help as may be necessary for the purpose of administering and enforcing the provisions of this act and may employ an attorney to assist in prosecutions under this act and for such other purposes as the board may designate.

        History:   L. 1953, ch. 290, § 7; L. 1973, ch. 311, § 1; L. 1975, ch. 319, § 39; L. 1995, ch. 106, § 3; L. 2007, ch. 20, § 1; July 1.

• 74-1607: Same; compensation and expenses of board members. Members of the state board of pharmacy attending meetings of such board, or attending a subcommittee meeting thereof authorized by such board, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223.

        History:   L. 1953, ch. 290, § 8; L. 1967, ch. 443, § 7; L. 1973, ch. 311, § 2; L. 1974, ch. 348, § 52; L. 1975, ch. 319, § 40; July 1.

• 74-1608: Same; meetings, notice; reports. The board shall hold at least four meetings each year for the transaction of such business as may legally come before it. Due notice of all meetings shall be given each member at least 10 days prior to the date fixed for the meeting except that such notice shall not be required in those cases where a member of the board shall file a written waiver of notice with the executive secretary. The board shall make such reports of its activities as are required by K.S.A. 75-3044 to 75-3048, and amendments thereto.

        History:   L. 1953, ch. 290, § 9; L. 1975, ch. 319, § 41; L. 1986, ch. 231, § 37; L. 2007, ch. 20, § 2; July 1.

• 74-1609: Same; executive secretary, duties; disposition of moneys received; pharmacy fee fund. The executive secretary of the board shall be the executive officer in charge of the office of the board. Such secretary shall make, keep, and be in charge of all records and record books required to be kept by such board, including a record of all registrations and permits required under this act, and shall attend to the correspondence of the board and perform such other duties as the board may require in carrying out and administering this act.

        The executive secretary shall receive and receipt for all fees collected under this act. The executive secretary of the board shall remit all moneys received by or for such secretary from fees, charges or penalties to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Twenty percent of each such deposit shall be credited to the state general fund and the balance shall be credited to the state board of pharmacy fee fund which is hereby created. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the executive secretary or by the president of the board, or both, as the board shall determine.

        History:   L. 1953, ch. 290, § 10; L. 1956, ch. 52, § 19; L. 1957, ch. 431, § 14; L. 1963, ch. 398, § 21; L. 1967, ch. 434, § 28; L. 1973, ch. 309, § 29; L. 1975, ch. 319, § 42; L. 2001, ch. 5, § 307; July 1.

• 74-1610: Same; administration of oaths by president and executive secretary. Each member of the board and the executive secretary thereof shall have power to administer oaths in connection with the duties of the board.

        History:   L. 1953, ch. 290, § 11; L. 1975, ch. 319, § 43; July 1.

• 74-1611: Same; records admissible in evidence. The books, registers and records of the board as made and kept by the executive secretary or under his or her supervision, subject to the direction of the board, or any portion thereof when certified by the executive secretary shall be prima facie evidence of the matter therein recorded and shall be deemed lawful evidence in any court of this state.

        History:   L. 1953, ch. 290, § 12; L. 1975, ch. 319, § 44; July 1.