UPDATED
SESSION OF 2019
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2082
As Amended by House Committee on Health
and Human Services

Brief*
HB 2082, as amended, would amend the Pharmacy Act
of the State of Kansas by permitting a licensed pharmacist to
administer a drug by injection that, in the judgment of the
prescriber, could safely be self-administered by a patient, to a
patient pursuant to a prescription order, unless the
prescription order includes the words “not to be administered
by a pharmacist,” or words of like effect. The bill would define
“medication order” to mean an order by a prescriber for a
registered patient of a Kansas licensed medical care facility.
Additionally, nothing in the provisions of the bill would
replace, repeal, or supersede requirements prescribed in KSA
65-4a10, which states, among other things, no abortion shall
be performed or induced by any person other than a
physician licensed to practice medicine in Kansas.

Background
The bill was introduced in the House Committee on
Health and Human Services at the request of Representative
Arnberger, on behalf of the Kansas Pharmacists Association.
In the House Committee hearing, proponent testimony
was provided by a representative of the Kansas Pharmacists
Association and the Kansas Association of Chain Drug
Stores; representatives of Genoa Healthcare, Graves Drug,
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
the State Board of Pharmacy (Board), the University of
Kansas Health System, and the University of Kansas School
of Pharmacy; and a private citizen.
Proponent written-only testimony was provided by
representatives of Balls Food Stores; Currus, Inc.; the
Kansas Council of Health-System Pharmacy; Kansas
Pharmacists Association, including letters of support from the
medical community; the National Association of Chain Drug
Stores; the University of Kansas School of Pharmacy; and a
private citizen pharmacist.
The proponents generally stated pharmacists are trained
and experienced in drug administration techniques and
practices, pharmacist medication administration is allowed in
40 states, and allowing pharmacists to administer medication
is the right thing to do for patients.
A representative of Kansans For Life provided neutral
testimony requesting an amendment that would state nothing
in the bill would repeal, replace, or supersede the abortion pill
protocol requirements in KSA 65-4a10.
Opponent testimony was provided by a representative of
the Kansas Medical Society. Written-only opponent testimony
was provided by representatives of the the Kansas Academy
of Family Physicians and the Kansas Association of
Osteopathic Medicine.
The opponents generally stated the bill would expand
pharmacists’ scope of practice and providers ought to discuss
the clinical implications of broadening this scope to ensure
patient standard of care is protected.
The House Committee on Health and Human Services
amended the bill to specify a pharmacist may administer a
drug by injection that, in the judgment of the prescriber, may
safely be self-administered by a patient. The House
Committee also amended the bill to include language stating
nothing in the provisions of the bill would replace, repeal, or
2- 2082
supersede requirements prescribed in KSA 65-4a10, which
states, among other things, no abortion shall be performed or
induced by any person other than a physician licensed to
practice medicine in Kansas.
The House Committee recommended the bill favorably
for passage, as amended, on February 25, 2019, but the bill
was withdrawn from the House Calendar and referred to the
House Committee on Appropriations on February 28, 2019.
The bill was then withdrawn from the House Committee on
Appropriations and rereferred to the House Committee on
Health and Human Services on March 6, 2019. The House
Committee again recommended the bill favorably for
passage, as amended, on March 13, 2019.
According to the fiscal note prepared by the Division of
the Budget on the bill as introduced, the Board indicates
expenditures would increase due to additional staff hours and
resources for inspections and investigations to ensure
compliance with state law. The Board estimates the cost of a
licensed pharmacy inspector would be approximately $11,600
per year. Any fiscal effect associated with enactment of the
bill is not reflected in The FY 2020 Governor’s Budget
Report.


3- 2082


Statutes affected:
As introduced: 65-1626
As Amended by House Committee: 65-4a10, 65-1626