Summary — HB 2244 (Kansas) — Board of Pharmacy composition & telepharmacy restrictions
Status & procedural history
- Introduced: January 29, 2025 (Requested by Rep. William Sutton; House Committee on Insurance).
- Hearing: Monday, February 10, 2025, 3:30 PM Room 218‑N.
- Recent actions: Referred to Committee on Insurance (2/5/25); multiple House readings and committee referrals through March–May 2025.
- Statutory changes proposed: Amend K.S.A. 74‑1603, 74‑1604 and K.S.A. 2024 Supp. 65‑16,130; repeal existing sections. Effective upon publication in the statute book.
Main purpose / intent
- To reconfigure how the Kansas State Board of Pharmacy is composed and appointed, and to limit the Board’s authority to adopt rules that would restrict or condition the use of telepharmacy based on population, distance to a physical pharmacy, or network adequacy.
Key provisions and changes
1. Telepharmacy (K.S.A. 65‑16,130 — amended)
- Defines "telepharmacy" as pharmacist practice using telecommunications/automation to provide real‑time, documented pharmaceutical care (including dispensing, counseling, oversight) from a pharmacist located in Kansas to patients at remote sites.
- Defines "telepharmacy outlet" as a registered pharmacy site in Kansas that: is owned by the managing pharmacy; is connected by computer/video/audio links (or equivalent) to a supervising pharmacy in Kansas; and has an on‑site pharmacy technician supervised electronically by the remote pharmacist.
- Requires the pharmacist to attend the telepharmacy outlet remotely and be available to consult with/on‑site pharmacy technicians.
- Directs the Board to adopt rules on application, structural/technology/security requirements, staffing/training/electronic supervision, inventory and labeling, policies/procedures, automated dispensing, limits on number of outlets per supervising pharmacy, and exemption/waiver criteria.
- Prohibits the Board from limiting or conditioning telepharmacy use on the basis of population, distance from a physical pharmacy, or network adequacy.
- Board composition & appointments (K.S.A. 74‑1603 & 74‑1604 — amended)
- All current Board members’ terms end Dec 31, 2025.
- A new seven‑member Board begins on/after Jan 1, 2026 with appointments reflecting types of Kansas pharmacies:
- 3 pharmacist members appointed by the Kansas Pharmacists Association;
- 2 pharmacist members employed by chain drug stores or retailers appointed by the Commissioner of Insurance;
- 1 pharmacist member employed by an insurer, specialty or mail order pharmacy serving the state employee health plan appointed by the State Employee Health Care Commission;
- 1 public (non‑pharmacist) prescription drug purchaser appointed jointly by the Speaker of the House and the President of the Senate (appointments alternate between them).
- Terms for members appointed on/after Jan 1, 2026 are four years (and vacancies filled per statute). Residency/employment requirements for pharmacist appointees are preserved.
Who would be affected
- Pharmacists, pharmacy technicians and pharmacy owners/operators (especially those seeking to open or operate telepharmacy outlets).
- Patients, particularly in rural or underserved areas, via expanded telepharmacy access if restrictions are precluded.
- The Kansas State Board of Pharmacy (changes in appointment process and constraints on rulemaking).
- Insurers, chain pharmacies, mail‑order/specialty pharmacies and professional associations involved in appointments or operations.
- State budgeting/administration: potential fiscal effects on Board operations.
Fiscal and operational impact (from Fiscal Note, Feb 10, 2025)
- The Board reports an indeterminate fiscal effect. Potential outcomes:
- Increased telepharmacy registrations, facility applications, renewals could raise Board revenue.
- More facilities would increase licensing, inspection, investigation and disciplinary costs; may require additional staff or expenditure authority depending on scale/location.
- Simultaneous replacement of all Board members may increase one‑time costs (mileage, per diem, lodging, orientation), though the Board expects these could be absorbed but cannot confirm.
- Any fiscal impacts are not reflected in the FY 2026 Governor’s Budget Report.
Notes / considerations
- The bill restricts the Board’s ability to use population, proximity or network adequacy as bases for limiting telepharmacy. That could expand telepharmacy deployment and alter oversight focus to technical/operational standards rather than geographic/network controls.
- The document record includes unrelated bill language from other states (Arizona, Illinois); the summary above reflects the Kansas‑specific HB 2244 text and fiscal note.