Proposed Kansas Board of Pharmacy regulation illegal, legislators find

Capitol Bureau

Editor’s Note: This story originally reported the Kansas Chamber of Commerce implemented a law to evaluate financial impact on businesses before proposing a new rule or regulation. It has been corrected to report the law was implemented by the state government.

TOPEKA, Kan. (KSNT) – The Kansas Board of Pharmacy proposed a new regulation to the legislative members of the Joint Committee on Administrative Rules and Regulations on Tuesday at the state capitol.

The legislators found this regulation to be noncompliant with the law.

The board wants to begin notifying patients who have received scripts from a pharmacy in the past two years if that pharmacy were to close.

Representative and committee member John Carmichael thinks this is a good idea, but that it is not legal.

“It didn’t appear to me that the pharmacy board had done any of the calculations to allow us to make that judgment,” Carmichael said.

The Kansas state government recently implemented a law where boards and departments must evaluate the financial impact on businesses before proposing a new rule or regulation, according to Carmichael.

Carmichael believes the board did not take into account the financial impact that mailing thousands of notice letters would have on a closing pharmacy.

Carmichael recommends the board withdrawal their regulation and calculate an estimated cost of sending out these letters. If the numbers are not too high, the committee will more than likely approve this regulation.

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