HB 2785

 Session of 2026
                         HOUSE BILL No. 2785
                         By Committee on Appropriations
      Requested by Representative Ballard on behalf of the Board of Pharmacy
                                      2-18
1 AN ACT concerning health and healthcare; relating to the board of
2   pharmacy; renaming the utilization of unused medications act as the the
3   medication donation program; revising criteria for accepting donations,
4   program participation and duties of a qualifying center; authorizing the
5   board to adopt rules and regulations; amending K.S.A. 65-1668, 65-
6   1669, 65-1670, 65-1671, 65-1672, 65-1673 and 65-1674 and repealing
7   the existing sections; also repealing K.S.A. 65-1675.
8
9 Be it enacted by the Legislature of the State of Kansas:
10    New Section 1. (a) A donating entity may donate a drug or device to a
11 qualifying center if the drug or device meets the eligibility requirements
12 established by K.S.A. 65-1671, and amendments thereto. Any person or
13 governmental entity may facilitate the donation of drugs to the medication
14 donation program.
15    (b) A drug or device shall only be donated at a qualifying center.
16    (c) The following persons may make the decision to donate a drug or
17 device on behalf of a patient:
18    (1) A person designated by durable power of attorney or a guardian or
19 other individual responsible for the care and well-being of a patient; or
20    (2) an executor, administrator or trustee of the estate of a deceased
21 patient.
22    (d) This section shall be a part of and supplemental to the medication
23 donation program.
24    New Sec. 2. K.S.A. 65-1668 through 65-1674, and amendments
25 thereto, shall be a part of and supplemental to the pharmacy act of the state
26 of Kansas.
27    Sec. 3. K.S.A. 65-1668 is hereby amended to read as follows: 65-
28 1668. (a) K.S.A. 65-1668 through 65-1675 65-1674, and amendments
29 thereto, and sections 1 and 2, and amendments thereto, shall be known and
30 may be cited as the "utilization of unused medications actmedication
31 donation program." This act shall be a part of and supplemental to the
32 pharmacy act of the state of Kansas.
33    (b) The provisions of the utilization of unused medications act
34 medication donation program shall not apply to any drug, prescription
35 drug or medication device purchased or provided with moneys provided
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1 under title XIX of the federal social security act, 42 U.S.C. § 1396 et seq.,
2 and amendments thereto, or title XXI of the federal social security act,
3 section 4901 of public law 105-33, 42 U.S.C. § 1397aa et seq., and
4 amendments thereto.
5     Sec. 4. K.S.A. 65-1669 is hereby amended to read as follows: 65-
6 1669. As used in the utilization of unused medications act medication
7 donation program:
8     (a) "Adult care home" has the same meaning as such term is defined
9 in K.S.A. 39-923, and amendments thereto.
10     (b) "Community mental health center" has means the same meaning
11 as such term is defined in K.S.A. 39-2002, and amendments thereto.
12     (b) "Controlled substance" means any drug, substance or immediate
13 precursor included in any of the schedules designated in K.S.A. 65-4107,
14 65-4109, 65-4111 and 65-4113, and amendments thereto, or the federal
15 controlled substances act, 21 U.S.C. § 812.
16     (c) "Donating entities entity" means adult care homes, mail service
17 pharmacies, a patient, patient's caregiver or representative, pharmacy,
18 manufacturer, wholesale distributor, governmental organization,
19 practitioner, mid-level practitioner or institutional drug rooms and medical
20 care facilities who elect to participate in the program room that donates a
21 drug or device to a qualifying center.
22     (d) "Drug" has the same meaning as such term is defined in K.S.A.
23 65-1626, and amendments thereto.
24     (e) "Federally qualified health center" means a center that meets the
25 requirements for federal funding under 42 U.S.C. § 1396d(1) of the public
26 health service act, and amendments thereto, and that has been designated
27 as a "federally qualified health center" by the federal government.
28     (f)(e) "Indigent healthcare clinic" has means the same meaning as
29 such term is defined in K.S.A. 75-6102, and amendments thereto.
30     (g) "Institutional drug room" has the meaning as such term is defined
31 in K.S.A. 65-1626, and amendments thereto.(h) "Mail service pharmacy"
32 means a licensed Kansas pharmacy that ships, mails or delivers by any
33 lawful means a lawfully dispensed medication in tamper-resistant
34 packaging to residents of this state or another state.(i) "Medical care
35 facility" has the same meaning as such term is defined in K.S.A. 65-425,
36 and amendments thereto.
37     (j)(f) "Medically indigent person" has means the same meaning as
38 such term is defined in K.S.A. 75-6102, and amendments thereto.
39     (k) "Medication" means a prescription drug or drug as defined by this
40 section.
41     (l) "Mid-level practitioner" has the same meaning as such term is
42 defined in K.S.A. 65-1626, and amendments thereto.
43     (m) "Practitioner" has the same meaning as such term is defined in
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1 K.S.A. 65-1626, and amendments thereto.
2     (n) "Prescription drug" means a drug that may be dispensed only
3 upon prescription of a practitioner or mid-level practitioner authorized by
4 law and that is approved for safety and effectiveness as a prescription drug
5 under section 505 or 507 of the federal food, drug and cosmetic act, 52
6 Stat. 1040 (1938), 21 U.S.C.A. § 301.
7     (o)(g) "Qualifying center or clinic" means an indigent healthcare
8 clinic, federally qualified health center, pharmacy or community mental
9 health center that accepts, administers, supplies or dispenses a drug or
10 device under the medication donation program.
11     (h) "Qualifying patient" means an individual that is a resident of
12 Kansas and a medically indigent person, uninsured or underinsured.
13     (p)(i) "Samples of medications or injectables drugs" means a unit of
14 drug subject to 21 U.S.C. § 353(b) that is not intended to be sold and is
15 intended distributed in accordance with 21 U.S.C. § 353(d) to promote the
16 sale of the drug.
17     (j) "Underinsured" means either:
18     (1) Having healthcare coverage or prescription drug or device
19 coverage but having exhausted such coverage benefits or being unable to
20 afford any associated deductible, coinsurance, copayments or similar
21 charges for the drug or device prescribed; or
22     (2) not having healthcare coverage for the drug or device prescribed.
23     Sec. 5. K.S.A. 65-1670 is hereby amended to read as follows: 65-
24 1670. (a) The board of pharmacy shall establish and implement a program
25 consistent with public health and safety through which unused drugs may
26 be transferred from donating entities that elect to participate in the
27 program for the purpose of distributing the unused medications to Kansas
28 residents who are medically indigent. It shall be unlawful for any person
29 to operate a qualifying center within this state without first having
30 obtained a registration from the board. Each application for registration
31 shall be made on a form furnished by the board. Each registration issued
32 by the board shall expire every year on June 30. The board shall not
33 impose any fee for the application or registration. Such registration shall
34 not be transferable.
35     (b) The board may limit, condition, revoke, suspend or place in a
36 probationary status a registration or deny an application for issuance of
37 any registration on any ground that would authorize the board to take
38 action against the registration of a pharmacy under K.S.A. 65-1627, and
39 amendments thereto.
40     (c) On or before July 15, 2027, and each year thereafter, a qualifying
41 center shall provide a report to the board on a form furnished by the board
42 that includes the amount and types of drugs and devices received, the
43 number of qualifying patients served, the drug or device handling fee, the
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1 total drug and device handling fees collected by the qualifying center
2 during the registration year and the qualifying center's total restocking,
3 dispensing and administration costs for that registration year. The report
4 shall include information for the period July 1 to June 30.
5    (d) The qualifying center shall make all records generated or
6 required as part of a medication donation program readily available at the
7 qualifying center by the board for a period of five years.
8    (e) A qualifying center or clinic in consultation with a pharmacist or
9 practitioner shall establish policies and procedures necessary to
10 implement the medication donation program established by the utilization
11 of unused medications act consistent with the pharmacy act of the state of
12 Kansas and rules and regulations adopted by the board.
13    (c) The state board of pharmacy shall provide technical assistance to
14 entities who may wish to participate in the program.
15    (f) When a qualifying center permanently discontinues operating a
16 medication donation program, such qualifying center, within 30 days of
17 discontinuation of the program, shall:
18    (1) Notify the board of the discontinuation of the medication donation
19 program and provide the location, contact information and manner of
20 disposition of all records required to be maintained pursuant to the
21 pharmacy act of the state of Kansas;
22    (2) conduct an inventory and provide the board with the location,
23 contact information and manner of disposition of any remaining stock of
24 drugs and devices; and
25    (3) submit to the board the report required by subsection (c).
26    (g) Each qualifying center that is a pharmacy shall comply with all
27 requirements for a pharmacy under the pharmacy act of the state of
28 Kansas and rules and regulations adopted by the board. Each qualifying
29 center that is not a pharmacy shall comply with all requirements for a
30 health department under the pharmacy act of the state of Kansas and rules
31 and regulations adopted by the board.
32    Sec. 6. K.S.A. 65-1671 is hereby amended to read as follows: 65-
33 1671. (a) The following criteria shall be used by a qualifying center in
34 accepting unused medications, administering, supplying or dispensing a
35 drug or device for use under the utilization of unused medications act
36 medication donation program:
37    (a) The medications shall have come from a controlled storage unit of
38 a donating entity;
39    (b)(1) only medicationsA drug shall be in their the original or
40 pharmacist sealed unit dose and tamper-evident packaging or in tamper
41 evident packaging, unit of use or sealed, unused injectables, including
42 samples of medications or injectables, shall be accepted and dispensed
43 pursuant to the utilization of unused medications act drugs;
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1     (c)(2) the drug or device shall not be expired medications shall not be
2 accepted;
3     (3) packaging shall be unopened, except that a drug packaged in
4 single unit doses may be accepted when the outside packaging is opened if
5 the single unit dose packaging is undisturbed;
6     (d)(4) a medication drug or device shall not be accepted,
7 administered, supplied or dispensed by a qualifying center if the person
8 individual accepting, administering, supplying or dispensing the
9 medication drug or device has reason to believe that the medication drug
10 or device is adulterated or misbranded;
11     (e) no controlled substances shall be accepted, unless the state board
12 of pharmacy designates certain controlled substances as accepted
13 medications in the adoption of rules and regulations pursuant to K.S.A. 65-
14 1674, and amendments thereto; and
15     (f) subject to the limitation specified in this section, unused
16 medications dispensed for purposes of a medical assistance program or
17 drug product donation program may be accepted and dispensed under the
18 utilization of unused medications act
19     (5) if the drug or device was packaged by a pharmacy other than the
20 qualifying center, the name of the pharmacy and any other pharmacy
21 identifiers shall be removed or obscured from the packaging prior to
22 administration, supplying or dispensing;
23     (6) the donating patient's name and information shall be removed or
24 obscured from the packaging prior to administration, supplying or
25 dispensing;
26     (7) the drug or device shall have been stored according to federal
27 and state requirements;
28     (8) each drug or device shall include a beyond use date on the label
29 or packaging. If the prescription container is the manufacturer's original,
30 sealed packaging, the beyond use date is the expiration date listed on the
31 packaging; and
32     (9) the drug or device and its packaging shall not have any physical
33 sign of tampering, misbranding or adulteration.
34     (b) The following drugs and drug types shall not be accepted by a
35 qualifying center:
36     (1) Radiopharmaceuticals;
37     (2) a drug for which the federal food and drug administration
38 requires, as a risk evaluation and mitigation strategy, that the patient be
39 registered with the drug's manufacturer;
40     (3) controlled substances; and
41     (4) compound drugs.
42     (c) In the case of recalls, any donated drugs or devices affected by
43 the recall shall not be administered, supplied or dispensed unless the lot
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1 number can be determined.
2     (d) Prior to accepting a drug or device, a pharmacist shall inspect
3 each drug or device and verify that it complies with the requirements of
4 this section. If the qualifying center is not a pharmacy, the inspection and
5 verification may be completed by a practitioner.
6     (e) Prior to administering, supplying or dispensing a drug or device
7 to an individual under the medication donation program, a qualifying
8 center shall verify that the individual is a qualifying patient. A qualifying
9 center shall establish policies and procedures to determine eligibility of an
10 individual as a qualifying patient.
11     Sec. 7. K.S.A. 65-1672 is hereby amended to read as follows: 65-
12 1672. (a) Participation in the utilization of unused medications act by
13 residents of adult care homes and donating entities medication donation
14 program shall be voluntary. Nothing in the utilization of unused
15 medications pharmacy act of the state of Kansas shall require any resident
16 of an adult care home or any donating entity person to participate in the
17 program.
18     (b) A qualifying center or clinic which meets the eligibility
19 requirements established in the utilization of unused medications act may:
20     (1) Dispense medications donated under the utilization of unused
21 medications act to persons who are medically indigent residents of
22 KansasAdminister or supply a drug or device to a qualifying patient at the
23 qualifying center. If the qualifying center is a pharmacy, the qualifying
24 center may also dispense a drug or device to a qualifying patient at the
25 qualifying center; and
26     (2) charge persons receiving donated medications a qualifying patient
27 a handling fee that shall not to exceed 200% of the medicaid dispensing
28 fee $20 per prescription to cover restocking, administration or dispensing
29 costs. A qualifying center shall not charge a handling fee for samples of
30 drugs. If a qualifying center chooses to charge a handling fee, the fees
31 collected in any registration year shall not exceed the program's total
32 restocking, dispensing and administration costs for that registration year.
33     (c) A qualifying center or clinic which meets the eligibility
34 requirements established and authorized by the utilization of unused
35 medications act which accepts donated medications shall:
36     (1) Comply with all applicable federal and state laws related to the
37 storage, administration, supply, dispensing and distribution transfer of
38 medications drugs and devices;
39     (2) visually inspect all medications each drug or device prior to
40 accepting, administering, supplying or dispensing the medications drug or
41 device to determine that such medications are not adulterated drug or
42 device appears to be unadulterated, safe and suitable for administration,
43 supplying or dispensing; and
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1     (3) administer, supply or dispense prescription drugs a drug or
2 device only pursuant to a medication order or valid prescription order
3 issued by a practitioner or, mid-level practitioner or pursuant to a
4 statewide protocol established by K.S.A. 65-16,127 and 65-16,131, and
5 amendments thereto;
6     (4) quarantine donated drugs and devices separately from all other
7 drug or device stock until the donated drugs and devices have been
8 inspected and approved in accordance with the medication donation
9 program; and
10     (5) store donated drugs and devices separately from or in a manner
11 that identifies such drugs or devices from all other drug or device stock.
12     (d) Medications Each drug or device donated under the utilization of
13 unused medications act to a qualifying center shall not be resold but are
14 available for transfer may be transferred to another qualifying center or
15 clinic.
16     (e) For purposes of the utilization of unused medications act,
17 medications dispensed The administration, supply or dispensing of a drug
18 or device by a qualifying centers or clinics center shall not be considered
19 resale of such medications drug or device.
20     (f) Prior to administration, supplying or dispensing a drug or device,
21 the qualifying center shall require the qualifying patient to sign an
22 electronic or physical form established by the board to confirm that the
23 individual understands the immunity provisions and the medication
24 donation program. Such form shall be maintained by the qualifying center
25 for a minimum of five years in a readily available format.
26     (g) Prior to donating any drug or device, the qualifying center shall
27 require that the donating entity to sign an electronic or physical form
28 established by the board stating that the donating entity is the owner of the
29 drug or device and intends to voluntarily donate the drug or device to the
30 qualifying center. The form shall be maintained by the qualifying center
31 for a minimum of five years in a readily retrievable format.
32     Sec. 8. K.S.A. 65-1673 is hereby amended to read as follows: 65-
33 1673. (a) For matters related only to the lawful donation, acceptance,
34 administration, supplying or dispensing of medications drugs and devices
35 under the utilization of unused medications act medication donation
36 program, the following persons and entities, in compliance with the
37 utilization of unused medications act, in the absence of bad faith or gross
38 negligence, shall not be subject to criminal or civil liability for injury other
39 than, death, or loss to person or property, or professional disciplinary
40 action:
41     (1) The state board of pharmacy;
42     (2) the department of health and environment;
43     (3) the Kansas department for aging and disability services;
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1     (4) any governmental entity or donating entity donating medications
2 under the utilization of unused medications act;
3     (5) any qualifying center or clinic that accepts or dispenses
4 medications under the utilization of unused medications act; and
5     (6) any qualifying center or clinic that employs a practitioner or, mid-
6 level practitioner or pharmacist who accepts or can legally dispense
7 prescription drugs, administers, supplies or dispenses a drug or device
8 under the utilization of unused medications act and the pharmacy act of the
9 state of Kansas medication donation program.
10     (b) For matters related to the donation, acceptance, administration,
11 supply or dispensing of a medication drug or device manufactured by the
12 prescription drug or device manufacturer that is donated by any donating
13 entity under the utilization of unused medications act medication donation
14 program, a prescription drug or device manufacturer shall not, in the
15 absence of bad faith or gross negligence, be subject to criminal or civil
16 liability for injury other than for, death, or loss to person or property
17 including, but not limited to, liability for failure to transfer or
18 communicate product or consumer information or the expiration beyond-
19 use date of the donated prescription drug or device.
20     (c) Any person who in good faith donates medications a drug or
21 device without charge under the utilization of unused medications act
22 medication donation program, which medications are drug or device is in
23 compliance with such act program at the time donated, shall not be subject
24 to criminal or civil liability arising from any injury or death due to the
25 condition of such medications drug or device unless such injury or death
26 is a direct result of the willful, wanton, malicious or intentional
27 misconduct of such person.
28     Sec. 9. K.S.A. 65-1674 is hereby amended to read as follows: 65-
29 1674. (a) The state board of pharmacy shall may adopt rules and
30 regulations to implement the utilization of unused medications act. Such
31 rules shall medication donation program related to the following:
32     (1) Include Standards and procedures for transfer, acceptance,
33 administration, supply, dispensing and safe storage of donated medications
34 a drug or device;
35     (2) include standards and procedures for inspecting donated
36 medications to ensure that the medications are in compliance with the
37 utilization of unused medications act and to ensure that, in the professional
38 judgment of a pharmacist, the medications meet all federal and state
39 standards for product integrity;
40     (3) establish standards and procedures for acceptance of unused
41 medications from donating entities;
42     (4) establish standards and procedures for designating certain
43 controlled substances as accepted donated medications;
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1     (5) establish standards and procedures for a qualifying center or clinic
2 to prepare any donated medications for dispensing, supplying or
3 administering to a qualified patient; and
4     (6) establish, in consultation with the department of health and
5 environment and the Kansas department for aging and disability services,
6 any additional rules and regulations, and standards and procedures it
7 deems appropriate or necessary to implement the provisions of the
8 utilization of unused medications act
9     (3) additional drugs, drug types and devices that are ineligible to be
10 donated.
11     (b) In accordance with the rules and regulations and procedures of the
12 program established pursuant to this section, a resident of an adult care
13 home, or the representative or guardian of a resident may donate unused
14 medications for dispensation to medically indigent personsThe board shall
15 maintain records of program participation including the number of
16 donating entities, qualifying center locations, the amount and types of
17 drugs and devices received and the number of qualifying patients served.
18     (c) The board shall develop a form that a qualifying patient shall sign
19 prior to administration, supplying or dispensing of a drug or device under
20 the medication donation program to confirm that the qualifying patient
21 understands the immunity provisions and the medication donation
22 program.
23     (d) The board shall develop a form that a donating entity shall sign
24 prior to donating stating that the person is the owner of the drug or device
25 and intends to voluntarily donate under the medication donation program.
26 The form shall include, at minimum:
27     (1) The name of the person that was originally dispensed the drug or
28 device or the name of the entity that owns the drug or device;
29     (2) the full name, contact information and signature of the donating
30 entity;
31     (3) the name, contact information and license number of any
32 practitioner or pharmacist responsible for oversight of the donating entity,
33 drug or device;
34     (4) the brand name or generic name of the drug or device donated
35 and either the name of the manufacturer or the national drug code
36 number;
37     (5) the quantity of any donated drug;
38     (6) the strength of any donated drug; and
39     (7) the date of donation and acceptance by the qualifying center.
40     (e) The board may inspect in a lawful manner the drugs or devices
41 accepted and any records maintained under the medication donation
42 program and for this purpose shall have the right to enter and inspect any
43 qualifying center during business hours to ensure compliance with the
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1 medication donation program and to ensure that, in the professional
2 judgment of a pharmacist, each drug or device meets all federal and state
3 standards and is unadulterated, safe and suitable for administration,
4 supply or dispensing.
5    Sec. 10. K.S.A. 65-1668, 65-1669, 65-1670, 65-1671, 65-1672, 65-
6 1673, 65-1674 and 65- are hereby repealed.
7    Sec. 11. This act shall take effect and be in force from and after its
8 publication in the statute book.