SESSION OF 2022
SUPPLEMENTAL NOTE ON SENATE BILL NO. 200
As Amended by House Committee on Health
and Human Services

Brief*
SB 200, as amended, would amend the Pharmacy Act of
the State of Kansas to include point-of-care testing for and
treatment of certain health conditions (therapy).

Therapies Covered
The bill would authorize a pharmacist to initiate therapy
within the framework of new statewide protocols for the
following health conditions:
● Influenza;
● Streptococcal pharyngitis; or
● Urinary tract infection.
Statewide Protocols
The bill would authorize the state Collaborative Drug
Therapy Management Advisory Committee (Advisory
Committee) to adopt a statewide protocol for each of the
conditions listed above. In establishing such statewide
protocols, the Advisory Committee would be required to
specify:
● The medications or categories of medications
included in the protocol for each health condition;
____________________
*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 training and qualifications required for
pharmacists to implement the protocols;
● Requirements for documentation and maintenance
of records, including:
○ Patient inclusion and exclusion criteria;
○ Medical referral criteria;
○ Patient assessment tools based on current
clinical guidelines;
○ Follow-up monitoring or care plans; and
○ The pharmacist’s adherence to the applicable
protocols; and
● Communication requirements, including, but not
limited to, notification of the patient’s personal or
primary care provider.
Disciplinary Action
The bill would authorize the State Board of Pharmacy
(Board) to deny a license application or renewal or revoke or
suspend the license of a pharmacist if the Board finds the
pharmacist has violated the provisions relating to the initiation
of therapy or failed to practice within the framework of the
new statewide protocols established by the Advisory
Committee.

Definition
The bill would also amend the definition of “practice of
pharmacy” to include the initiation of therapy for the
conditions listed above.
The bill would also make technical amendments.


2- 200
Background
The bill was introduced by the Senate Committee on
Public Health and Welfare at the request of Senator Erickson.

Senate Committee on Public Health and Welfare
At the Senate Committee hearing on February 25, 2021,
representatives of Balls Food Stores, Kansas Association of
Chain Drug Stores, and Walmart provided proponent
testimony. Proponents stated the bill would expand health
care access for individuals without easy access to urgent
care providers.
Written-only proponent testimony was provided by
Americans for Prosperity, Currus Independent Pharmacies of
Kansas, Kansas State Board of Pharmacy, and Kansas
Pharmacists Association.
Representatives of the Kansas Academy of Family
Physicians, Kansas Chapter of the American Academy of
Pediatrics, and Kansas Medical Society (KMS) provided
opponent testimony. The opponents stated the bill, as
introduced, grants unnecessarily broad authority to
pharmacists.
Written-only opponent testimony was provided by the
Kansas Association of Osteopathic Medicine and Kansas
Chiropractic Association.
No neutral testimony was provided.
The Senate Committee amended the bill to:
● Allow a pharmacist to initiate therapy within the
framework of a statewide protocol for influenza,
streptococcal pharyngitis, or urinary tract infection;

3- 200
 ● Allow the Advisory Committee to adopt a statewide
protocol for each condition listed above;
● Require the Advisory Committee to consider
appropriateness of therapy based upon the factors
above; and
● Amend the definition of “practice of pharmacy” to
include the initiation of therapy for the health
conditions specific above.
House Committee on Health and Human Services
At the House Committee hearing on March 14, 2022,
representatives of Americans for Prosperity, Balls Food
Stores, and Kansas Association of Chain Drug Stores
provided proponent testimony. Proponents stated the bill
would expand health care access for individuals without easy
access to urgent care providers.
Written-only proponent testimony was provided by
Currus Independent Pharmacies of Kansas, The Kansas
Chamber, Kansas State Board of Pharmacy, Kansas
Pharmacists Association, Richey’s Drug Store, Inc., and
Walmart.
Written-only opponent testimony was provided by the
Kansas Academy of Family Physicians and the Kansas
Chapter of the American Academy of Pediatrics.
Neutral testimony was provided by a representative of
KMS, who provided background on the collaboration between
the parties to arrive at a base compromise prior to the Senate
Committee hearing during the 2021 Legislative Session. The
representative noted the continued work to fine-tune the
language of the compromise following the 2021 Session to
address KMS concerns regarding the need to further refine
the criteria the Advisory Committee would consider in
determining the appropriateness of the therapy. The

4- 200
representative stated the language of the further refined
compromise is included in the KMS testimony as a proposed
amendment.
The House Committee amended the bill to:
● Remove the items the Advisory Committee would
be required to consider in determining the
appropriateness of therapy;
● Insert items the Advisory Committee would be
required to specify in establishing the statewide
protocols; and
● Insert language allowing the Board to take
disciplinary action against a pharmacist who
violates of the provisions related to the initiation of
therapy or fails to practice within the framework of
the statewide protocols.
The House Committee amendment reflects the
compromise language proposed by KMS, with a few technical
changes to adhere to Kansas statutory drafting style.

Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the State Board of
Pharmacy indicates enactment of the bill would likely
increase the necessary staff time to carry out the
requirements of the bill; however, those requirements could
be completed by current staff and within the State Board of
Pharmacy’s current expertise, due to the prevalence of
similar statewide protocols used in other states. Any fiscal
effect associated with the bill is not reflected in The FY 2023
Governor’s Budget Report.
Pharmacy Act of the State of Kansas; Collaborative Drug Therapy Management
Advisory Committee; health conditions

5- 200


Statutes affected:
As introduced: 65-1626a
As Amended by Senate Committee: 65-1626a
As Amended by House Committee: 65-1626a
{As Amended by House Committee of the Whole}: 65-1626a, 65-1682, 65-4107, 65-4109, 65-4111, 65-1683, 65-1685, 65-1687, 65-4101, 65-1689