SESSION OF 2024
CONFERENCE COMMITTEE REPORT BRIEF
HOUSE BILL NO. 2547
As Agreed to April 2, 2024
Brief*
HB 2547 would amend the state Uniform Controlled Substances Act (Act) and amend the
law regarding the stock, maintenance, and administration of emergency medication kits in
schools, including epinephrine and albuterol.
The bill would amend the liability protections for any person who renders emergency care
or treatment at a school, school-sponsored event, or school property as well as provide a level
of immunity from liability for a pharmacist, physician, or a mid-level practitioner who distributes
or prescribes emergency medications to a school or provides training on the administration of
the emergency medicine for school personnel, and for the school personnel who administer the
medications under specific circumstances.
The bill would also make technical changes.
Uniform Controlled Substances Act
Schedule I
The bill would add 35 new substances to the Act, including 23 fentanyl-related controlled
substances.
Schedule II
The bill would add four additional substances to be excluded from control as Schedule II
opioids: thebaine-derived butorphanol, naldemedine, naloxegol, and samidorphen.
Schedule IV
The bill would add daridorexant (brand name Quiviviq), a medication used to treat
insomnia, and serdexmethylphenidate, an active ingredient in medication used to treat attention-
____________________
*Conference committee report briefs are prepared by the Legislative Research Department and do not express
legislative intent. No summary is prepared when the report is an agreement to disagree. Conference committee
report briefs may be accessed on the Internet at http://www.kslegislature.org/klrd
1 - 2547 deficit/hyperactivity disorder (ADHD) to the list of Schedule IV substances. The bill would
remove fenfluramine (brand name Fintelpla), a U.S. Food and Drug Administration (FDA)-
approved medication used to treat seizures, to mirror the federal descheduling of the drug.
Schedule V
The bill would add ganaxolone (brand name Ztalmy), a medication used to treat a
particular type of seizure, to the list of Schedule V substances.
Emergency Medication Kits
Definitions
The bill would amend law regarding emergency medication kits to add definitions for terms
used throughout the bill. Key terms would include the following:
●“Albuterol” would mean 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;
●“Designated school personnel” would mean 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;
●“Emergency medication” would mean epinephrine or albuterol;
●“Epinephrine” would mean 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;
●“Mid-level practitioner” would mean a certified nurse-midwife engaging in the
independent practice of midwifery under the Independent Practice of Midwifery Act,
an advanced practice registered nurse issued a license and who has authority to
prescribe drugs, or a physician assistant licensed pursuant to the Physician Assistant
Licensure Act who has authority to prescribe drugs pursuant to a written agreement
with a supervising physician;
●“Pharmacist” would mean any natural person licensed under the Pharmacy Act to
practice pharmacy;
●“Physician” would mean any person licensed by the State Board of Healing Arts to
practice medicine and surgery;
●“Respiratory distress” would mean impaired ventilation of the respiratory system or
impaired oxygenation of the blood;
2 - 2547 ●“School” would mean 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;
●“School nurse” would mean 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;
and
●“Stock supply” would mean an appropriate quantity of emergency medication as
recommended by a physician or mid-level practitioner.
Stock Supply of Emergency Medications in a School
The bill would allow schools to maintain a stock supply of emergency medications with a
prescription from a physician or mid-level practitioner in the name of the school. The bill would
require a physician or mid-level practitioner to review a school’s policies and procedures
regarding the use, storage, and maintenance of the stock supply prior to prescribing the
emergency medication.
Type, Doses, and Administration in Emergency Situation
The bill would define the type and doses of epinephrine that may be in the stock supply as
one or more standard-dose or pediatric-dose epinephrine auto-injectors. The bill would identify
that a school nurse or designated school personnel may administer the 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. The epinephrine would only be
permitted to be administered by the school nurse or designated school personnel if they
reasonably believe that an individual is exhibiting the signs and symptoms of an anaphylactic
reaction.
The bill would define the type and doses of albuterol that could be in the stock supply as
one or more albuterol metered-dose inhalers, one or more doses of albuterol solution, and one
or more spacers or nebulizers. The bill would identify that a school nurse or designated school
personnel may administer the 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. The albuterol would only be permitted to be administered by the school nurse
or designated school personnel if they reasonably believe that an individual is exhibiting the
signs and symptoms of respiratory distress.
Policy and Procedures
The bill would require that any school that maintains a stock supply of emergency
medication to establish school policies and procedures on the following:
●Storage of the emergency medication, which would include storage in a safe location
that is readily accessible to the school nurse or designated school personnel and
meets manufacturer’s temperature recommendations;
3 - 2547 ●Periodic monitoring of the inventory and expiration dates of the emergency
medication;
●Administration of emergency medication by designated school personnel; and
●Training requirements for designated school personnel that would be conducted at
least annually. The training would include, at minimum:
○Recognition of the symptoms of anaphylaxis and respiratory distress;
○Administration of emergency medications;
○Calling for emergency medical system responders;
○Monitoring the condition of the individual after administration of emergency
medication;
○Notification of the parent, guardian, or next of kin; and
○Safe disposal and sanitation of used equipment.
The bill would also require the school to publish information related to the school’s policies
and procedures regarding emergency medication and maintain training records of designated
school personnel.
The bill would also authorize a school to accept monetary gifts, grants, and donations as
well as donations of emergency medications authorized under the bill from a manufacturer or
wholesaler.
Pharmacists
The bill would allow a pharmacist to distribute a stock supply of emergency medications,
including standard-dose and pediatric-dose epinephrine auto-injectors and albuterol metered-
dose inhalers, albuterol solution, and spacers to a school pursuant to a prescription from a
physician or mid-level practitioner in the name of the school.
The bill would provide for a pharmacist that distributes a stock supply of emergency
medication to not be liable for civil damages resulting from the administration of the emergency
medication.
[Note: Current law provides for the State Board of Pharmacy to adopt rules and regulations
to provide for the maintenance of epinephrine kits maintained in accredited schools.]
Administration of Emergency Medication
Current law provides that administration of epinephrine in emergency situations to a
student or member of school staff when certain conditions are met is not construed to be
included in the practice of the healing arts. The bill would extend that exception to add the
administration of albuterol in emergency situations and apply it to any individual receiving the
emergency medication when certain conditions are met, including if:
●The person administering the epinephrine reasonably believes the individual is
exhibiting the signs and symptoms of an anaphylactic reaction;
4 - 2547 ●The person administering the albuterol reasonably believes the individual is exhibiting
the signs and symptoms of respiratory distress;
●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
emergency medication; and
●The emergency medication is administered at school on school property or at a
school-sponsored event.
The bill would amend the current liability protections for any person who in good faith
renders emergency care or treatment, without compensation, to an individual at a school, on
school property, or at a school-sponsored event, and add protection for any school that employs
or contracts such person.
The bill would limit the liability of a physician or mid-level practitioner who writes a
prescription for the stock supply of emergency medication or provides training to school
personnel on the administration of emergency medication in that the medical professional would
not be liable for civil damages resulting from the administration of the emergency medication.
Conference Committee Action
The Conference Committee agreed to the provisions of HB 2547, as amended by the
Senate Committee on Public Health and Welfare, and agreed to an amendment restoring
language related to civil liability protections for non-medical personnel who administer the
emergency medication. The Conference Committee also agreed to add the provisions of HB
2596, as passed by the House, related to amendments to the Uniform Controlled Substances
Act.
Background
The Conference Committee added the contents of HB 2596, as passed by the House, to
HB 2547, as amended by the Senate Committee on Public Health and Welfare and amended by
the Conference Committee.
[Note: The federal and state controlled substances acts provide for a five-schedule
classification system of substances. These classifications are based on a substance’s accepted
medical use, the potential for abuse or addiction, and harmfulness. Schedule I contains the
substances with the most potential for abuse, harm, and no recognized medical uses, while
Schedule V provides the least dangerous substances with known medical uses.]
HB 2596 (Amendments to the Uniform Controlled Substances Act)
The bill was introduced in the House Committee on Health and Human Services at the
request of Representative Clifford on behalf of the State Board of Pharmacy (Board).
5 - 2547 House Committee on Health and Human Services
In the House Committee hearing on January 29, 2024, a representative of the Board
provided proponent testimony, stating that the Board works with the Kansas Bureau of
Investigation (KBI) to review changes made by the U.S. Drug Enforcement Administration to the
federal Controlled Substances Act. The representative also stated the bill would make
necessary changes to the state Uniform Controlled Substances Act that reflect the federal
updates.
Written-only proponent testimony was provided by a representative of the KBI.
A private citizen provided neutral testimony regarding the inclusion of cannabis and
marijuana-related drugs as controlled substances.
No other testimony was provided.
Senate Committee on Public Health and Welfare
In the Senate Committee hearing on March 5, 2024, a representative of the Board
provided proponent testimony, stating the bill would make necessary changes to the state
Uniform Controlled Substances Act that reflect federal updates. The representative also noted
the Board worked closely with the KBI regarding the changes.
Written-only proponent testimony was provided by a representative of the KBI.
A private citizen provided neutral testimony regarding the scheduling of cannabis and
marijuana-related drugs as controlled substances.
No other testimony was provided.
The Senate Committee amended the bill to add tianeptine, its optical isomers, salts, and
salts of isomers as a Schedule I controlled substance.
[Note: The Conference Committee did not retain this amendment.]
HB 2547 (Emergency Medication Kits)
The bill was introduced in the House Committee on Health and Human Services at the
request of Representative Eplee on behalf of the Kansas School Nurses Organization.
House Committee on Health and Human Services
In the House Committee hearing on January 30, 2024, representatives of the Board and
the Kansas School Nurses Association provided proponent testimony. The proponents stated
generally the bill would remove the barriers regarding the availability of a stock supply of
epinephrine and albuterol in schools and permit the administration of the medication in an
emergency or time-sensitive situation.
6 - 2547 Written-only proponent testimony was provided by representatives of the Board of Nursing,
Kansas Action for Children, Kansas Association of School Boards, Kansas Chapter of the
American Academy of Pediatrics, and four private citizens.
No other testimony was provided.
Senate Committee on Public Health and Welfare
In the Senate Committee hearing on March 12, 2024, proponent testimony was provided
by representatives of the Board, Kansas Association of School Boards, and Kansas School
Nurses Organization. The proponents generally stated the bill would remove barriers regarding
the availability of a stock supply of epinephrine and albuterol in schools and permit the
administration of medication in an emergency or time-sensitive situation.
Written-only proponent testimony was provided by representatives of the American Lung
Association of Kansas, Board of Nursing, Kansas Action for Children, Kansas Chapter of the
American Academy of Pediatrics, and Kansas Public Health Association, and a private citizen.
No other testimony was provided.
The Senate Committee amended the bill to clarify that training over the use of emergency
medication must be provided by a school nurse, physician, or mid-level practitioner. The Senate
Committee also amended the bill to remove the civil liability waiver for non-medical personnel
who administer the emergency medication.
[Note: The amendment regarding training was retained, and the amendment regarding civil
liability waivers was not retained by the Conference Committee.]
Fiscal Information
HB 2596 (Amendments to the Uniform Controlled Substances Act)
According to the fiscal note prepared by the Division of the Budget on HB 2596, as
introduced, the Board indicates enactment of the bill would have no fiscal effect on the agency.
The Board notes that because pharmacies are required to follow federal law as well as state
law, any changes the Board were to make as a result of enactment of the bill would have no
effect on the practice of pharmacy because the stricter federal law is already been in place.
HB 2547 (Emergency Medication Kits)
According to the fiscal note prepared by the Division of the Budget on HB 2547, as
introduced, the State Board of Healing Arts indicates that any resulting actionable complaints
could be managed with its existing budget authority. The Board of Nursing indicates the agency
would communicate information to its licensees if the bill becomes law; however, enactment of
the bill would have no fiscal effect for the agency outside of normal administrative functions. The
Board indicates that enactment of the bill would not have a fiscal effect on the agency. The State
Department of Education (Department) indicates the bill would have no fiscal effect on state aid
7 - 2547 to school districts. The Kansas Association of School Boards and the Department noted the cost
of any emergency medications would be borne by local school districts. The Department notes
that a school would be able to accept monetary gifts, grants, and donations to implement
provisions of the bill, as well as being able to accept medication gifts from a manufacturer or
wholesaler.
Uniform Controlled Substances Act; controlled substances; drugs; U.S. Drug Enforcement Administration; U.S. Federal Drug
Administration; emergency medication kits; albuterol; epinephrine
ccrb_hb2547_01_0000.odt
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