As Amended by Senate Committee
Session of 2024
HOUSE BILL No. 2547
By Committee on Health and Human Services
Requested by Representative Eplee on behalf of Kansas School Nurses
Organization
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AN ACT concerning schools; relating to student health; authorizing the
maintenance of emergency medication kits for certain life-threatening
conditions; requiring a prescription for distribution of emergency
medication to schools; providing requirements for the administration of
emergency medication by school personnel, training; exempting certain
persons from the practice of healing arts and civil liability if acting in
good faith; amending K.S.A. 65-1680, 65-2872b and 72-6283 and
repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 65-1680 is hereby amended to read as follows: 65-
1680. The state board of pharmacy may adopt any rules and regulations
which the board deems necessary in relation to the maintenance of
epinephrine kits under K.S.A. 72-6283, and amendments thereto. (a) A
pharmacist may distribute a stock supply of standard-dose and pediatric-
dose epinephrine auto-injectors to a school pursuant to a prescription
made pursuant to K.S.A. 72-6283, and amendments thereto, from a
physician or mid-level practitioner in the name of the school. A
pharmacist who distributes a stock supply of standard-dose or pediatric-
dose epinephrine auto-injectors to a school shall not be liable for civil
damages resulting from the administration of such medication pursuant to
this section, K.S.A. 65-2872b or 72-6283, and amendments thereto.
(b) A pharmacist may distribute a stock supply of albuterol metered-
dose inhalers, albuterol solution and spacers to a school pursuant to a
prescription made pursuant to K.S.A. 72-6283, and amendments thereto,
from a physician or mid-level practitioner in the name of the school. A
pharmacist who distributes a stock supply of albuterol metered-dose
inhalers, albuterol solution or spacers to a school shall not be liable for
civil damages resulting from the administration of such medication
pursuant to this section, K.S.A. 65-2872b or 72-6283, and amendments
thereto.
(c) The terms used in this section mean the same as defined in K.S.A.
72-6283, and amendments thereto.
Sec. 2. K.S.A. 65-2872b is hereby amended to read as follows: 65-
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2872b. (a) The practice of the healing arts shall not be construed to include
any person administering epinephrine or albuterol in emergency situations
to a student or a member of a school staff an individual if:
(1) (A) The person administering the epinephrine reasonably believes
that the student or staff member individual is exhibiting the signs and
symptoms of an anaphylactic reaction; or
(B) the person administering the albuterol reasonably believes that
the individual is exhibiting the signs and symptoms of respiratory distress;
(2) a physician or mid-level practitioner, after reviewing the school's
policies and procedures, has authorized, in writing, the school to maintain
a stock supply of epinephrine emergency medication; and
(3) the epinephrine emergency medication is administered at school,
on school property or at a school-sponsored event.
(b) Any person who gratuitously and in good faith renders emergency
care or treatment through the administration of epinephrine emergency
medication to a student or a member of a school staff an individual at
school, on school property or at a school-sponsored event , and any school
that employs or contracts such person, shall not be held liable for any civil
damages as a result of such care or administration or as a result of any act
or failure to act in providing or arranging further medical treatment where
the person acts as an ordinary reasonably prudent person would have acted
under the same or similar circumstances.
(c) A physician or mid-level practitioner who writes a prescription
for emergency medication or provides training to school personnel on the
administration of emergency medication shall not be liable for civil
damages resulting from the administration of emergency medication
pursuant to this section, K.S.A. 65-1680 or 72-6283, and amendments
thereto.
(d)(c) The terms used in this section mean the same as defined in
K.S.A. 72-6283, and amendments thereto.
Sec. 3. K.S.A. 72-6283 is hereby amended to read as follows: 72-
6283.Any accredited school may maintain an epinephrine kit. An
epinephrine kit may consist of one or more doses of epinephrine.
Epinephrine from an epinephrine kit shall be used only in emergency
situations when the person administering the epinephrine reasonably
believes that the signs and symptoms of an anaphylactic reaction are
occurring and if administered at school, on school property or at a school-
sponsored event. A school may not maintain an epinephrine kit unless the
school has consulted with a pharmacist licensed by the state board of
pharmacy. The consultant pharmacist shall have supervisory responsibility
for maintaining the epinephrine kit. The consultant pharmacist shall be
responsible for developing procedures, proper control and accountability
for the epinephrine kit. Periodic physical inventory of the epinephrine kit
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shall be required. An epinephrine kit shall be maintained under the control
of the consultant pharmacist. (a) As used in this section, K.S.A. 65-1680
and 65-2872b, and amendments thereto:
(1) "Albuterol" means a short-acting beta-2 agonist-inhaled
medication, otherwise known as a bronchodilator, that is prescribed by a
physician or mid-level practitioner for the treatment of respiratory
distress.
(2) "Albuterol metered-dose inhaler" means a portable drug delivery
system containing a canister of multiple premeasured doses of albuterol in
a device actuator.
(3) "Albuterol solution" means a liquid form of albuterol for use with
a nebulizer.
(4) "Anaphaylaxis" or "anaphylactic reaction" means a sudden, severe
and potentially life-threatening multi-system allergic reaction.
(5) "Designated school personnel" means an employee, officer, agent
or volunteer of a school who has completed training, documented by the
school nurse, a physician or a mid-level practitioner, to administer
emergency medication on a voluntary basis outside of the scope of
employment.
(6) "Emergency medication" means epinephrine or albuterol.
(7) "Epinephrine" means a medication prescribed by a physician or
mid-level practitioner for the emergency treatment of anaphylaxis prior to
the arrival of emergency medical system responders.
(8) "Epinephrine auto-injector" means a device that automatically
injects a premeasured dose of epinephrine.
(9) "Mid-level practitioner" means the same as such term is defined
in K.S.A. 65-1626, and amendments thereto.
(10) "Nebulizer" means a device that is used to change a liquid
medication to a fine spray of liquid or mist for the administration of the
medication through inhalation.
(11) "Pharmacist" means the same as such term is defined in K.S.A.
65-1626, and amendments thereto.
(12) "Physician" means any person licensed by the state board of
healing arts to practice medicine and surgery.
(13) "Respiratory distress" means impaired ventilation of the
respiratory system or impaired oxygenation of the blood.
(14) "School" means any school operated by a school district
organized under the laws of this state or any accredited nonpublic school
that provides education to elementary or secondary students.
(15) "School nurse" means a registered nurse licensed by the board
of nursing to practice nursing in Kansas or a licensed practical nurse
working under a registered nurse who is employed by a school to perform
nursing services in a school setting.
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(16) "Spacer" means a holding chamber that is used to optimize the
delivery of aerolized albuterol from an albuterol metered-dose inhaler.
(17) "Stock supply" means an appropriate quantity of emergency
medication as recommended by a physician or mid-level practitioner.
(b) (1) A school may maintain a stock supply of emergency
medication upon obtaining a prescription from a physician or mid-level
practitioner in the name of the school. A physician or mid-level
practitioner shall review the school's policies and procedures established
pursuant to subsection (c) prior to prescribing such emergency
medication.
(2) A stock supply of epinephrine may consist of one or more
standard-dose or pediatric-dose epinephrine auto-injectors. A school
nurse or designated school personnel may administer such epinephrine in
an emergency situation to any individual who displays the signs and
symptoms of anaphylaxis at school, on school property or at a school-
sponsored event if such school nurse or designated school personnel
reasonably believes that an individual is exhibiting the signs and
symptoms of an anaphylactic reaction.
(3) A stock supply of albuterol may consist of one or more albuterol
metered-dose inhalers, one or more doses of albuterol solution and one or
more spacers or nebulizers. A school nurse or designated school
personnel may administer such albuterol in an emergency situation to any
individual who displays the signs and symptoms of respiratory distress at
school, on school property or at a school-sponsored event if such school
nurse or designated school personnel reasonably believes that an
individual is exhibiting the signs and symptoms of respiratory distress.
(c) A school that maintains a stock supply of emergency medication
shall establish school policies and procedures relating to:
(1) Storage of the emergency medication, which shall require that the
emergency medication is stored:
(A) In a safe location that is readily accessible to the school nurse or
designated school personnel; and
(B) in accordance with manufacturer temperature recommendations;
(2) periodic monitoring of the inventory and expiration dates of
emergency medication;
(3) administration of emergency medication by designated school
personnel; and
(4) training requirements for designated school personnel, which
shall be conducted by a school nurse, physician or mid-level practitioner
on not less than on an annual basis for such designated school personnel.
Such training shall include, but not be limited to, the following:
(A) Recognition of the symptoms of anaphylaxis and respiratory
distress;
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(B) administration of emergency medication;
(C) calling for emergency medical system responders;
(D) monitoring the condition of an individual after emergency
medication has been administered;
(E) notification of the parent, guardian or next of kin; and
(F) safe disposal and sanitation of used equipment.
(d) A school shall publish information related to the school's
emergency medication policies and procedures and shall maintain records
of the training provided to designated school personnel.
(e) A school may accept monetary gifts, grants and donations to
carry out the provisions of this section or may accept epinephrine auto-
injectors, albuterol metered-dose inhalers, albuterol solution, spacers or
nebulizers from a manufacturer or wholesaler.
Sec. 4. K.S.A. 65-1680, 65-2872b and 72-6283 are hereby repealed.
Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.
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