Current through Register Vol. 43, No. 39, September 26, 2024
(a)
Notwithstanding any other provision of these regulations under article 14, a
wholesale distributor, duly registered with the board, may sell or deliver to a
layperson responsible for the control of an animal, a prescription-only drug to
be administered to the animal only if a licensed veterinarian practitioner has
issued, before the sale or delivery, a lawful written prescription or order for
the prescription-only drug in the course of an existing, valid
veterinarian-client-patient relationship as defined in
K.S.A.
47-816 and amendments thereto. As used in
these regulations under article 14, "wholesale distribution" shall include this
transaction.
(1) Except as otherwise provided
in this regulation, at the time the prescription-only drug leaves the
registered location of the wholesale distributor, the wholesale distributor
shall possess, at the registered location, a copy of the written prescription
or order for the drug.
(2) Except
as otherwise provided in this regulation, at the time the prescription-only
drug is delivered to the layperson, the person making the delivery shall
possess a copy of the written prescription or order for the drug.
(3) The wholesale distributor shall retain,
for a period of five years, a copy of the written prescription or order in a
manner that makes it readily available for review by a board representative.
(b) In lieu of
receiving a written prescription or order from a licensed veterinarian
practitioner before a prescription-only drug leaves the registered location,
the wholesale distributor may accept a verbal order from a licensed
veterinarian practitioner if all of the following conditions are met:
(1) The licensed veterinarian practitioner
has created a written prescription or order, but advised the wholesale
distributor that, under the circumstances, it is not reasonably possible for
the licensed veterinarian practitioner to provide the written prescription or
order to the wholesale distributor before the prescription-only drug leaves the
registered location.
(2) The
licensed veterinarian practitioner provides to the wholesale distributor all of
the information required by K.A.R. 70-7-1(n) to be included in a written order
for a prescription of legend drugs.
(3) The verbal order is received in a
communication directly with the licensed veterinarian practitioner.
(4) The wholesale distributor makes, at the
time the verbal order is received, a written confirmation of the information
provided by the licensed veterinarian practitioner and records the following
information:
(A) The name of the licensed
veterinarian practitioner;
(B) the
date and time the verbal order was received; and
(C) the name of the person making the written
confirmation.
(5) At
the time of receiving the verbal order, the wholesale distributor requests that
the licensed veterinarian practitioner send a written prescription for the
prescription-only drugs so that it is received by the wholesale distributor
within 72 hours of receipt of the verbal order and, if it is not received,
advises the Kansas board of veterinary examiners of this in writing.
(6) At the time the prescription-only drug
leaves the registered location of the wholesale distributor, the wholesale
distributor possesses, at the registered location, the original written
confirmation.
(7) At the time the
prescription-only drug is delivered to the layperson responsible for the
control of the animal, the person making the delivery possesses a copy of the
written confirmation.
(8) The
original written confirmation is maintained by the wholesale distributor for
five years in a manner that makes it readily available for review by a board
representative.
