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Kansas Senate Bill SB193

Kansas 2025-2026 Regular Session

Kansas Senate Bill SB193 Compare Versions

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1-Substitute for SENATE BILL No. 193
2-AN ACT concerning the state board of pharmacy; relating to emergency opioid
3-antagonists; exempting law enforcement agencies who do not provide emergency
4-opioid antagonist pursuant to the statewide protocol from the requirement to procure
5-a physician medical director; amending K.S.A. 2024 Supp. 65-16,127 and repealing
6-the existing section.
1+Session of 2025
2+SENATE BILL No. 193
3+By Committee on Public Health and Welfare
4+2-4
5+AN ACT concerning the state board of pharmacy; relating to emergency
6+opioid antagonists; removing law enforcement agencies and officers
7+from the board's statewide opioid antagonist protocol; amending K.S.A.
8+2024 Supp. 65-16,127 and repealing the existing section.
79 Be it enacted by the Legislature of the State of Kansas:
8-Section 1. K.S.A. 2024 Supp. 65-16,127 is hereby amended to
9-read as follows: 65-16,127. (a) As used in this section:
10+Section 1. K.S.A. 2024 Supp. 65-16,127 is hereby amended to read as
11+follows: 65-16,127. (a) As used in this section:
1012 (1) "Bystander" means a family member, friend, caregiver or other
1113 person in a position to assist a person who the family member, friend,
1214 caregiver or other person believes, in good faith, to be experiencing an
1315 opioid overdose.
14-(2) "Emergency opioid antagonist" means any drug that inhibits
15-the effects of opioids and that is approved by the United States food
16-and drug administration for the treatment of an opioid overdose.
17-(3) "First responder" includes any emergency medical service
18-provider, as defined by K.S.A. 65-6112, and amendments thereto, any
19-law enforcement officer, as defined by K.S.A. 22-2202, and
20-amendments thereto, and any actual member of any organized fire
21-department, whether regular or volunteer.
22-(4) "First responder agency" includes, but is not limited to, any
23-law enforcement agency, fire department or criminal forensic
24-laboratory of any city, county or the state of Kansas.
25-(5) "Opioid antagonist protocol" means the protocol established
26-by the state board of pharmacy pursuant to subsection (b).
16+(2) "Emergency opioid antagonist" means any drug that inhibits the
17+effects of opioids and that is approved by the United States food and drug
18+administration for the treatment of an opioid overdose.
19+(3) (A) "First responder" includes any emergency medical service
20+provider, as defined by K.S.A. 65-6112, and amendments thereto, any law
21+enforcement officer, as defined by K.S.A. 22-2202, and amendments
22+thereto, and any actual member of any organized fire department, whether
23+regular or volunteer.
24+(B) "First responder" does not include any law enforcement officer,
25+as defined in K.S.A. 22-2202, and amendments thereto.
26+(4) (A) "First responder agency" includes, but is not limited to, any
27+law enforcement agency, fire department or criminal forensic laboratory of
28+any city, county or the state of Kansas.
29+(B) "First responder agency" does not include any law enforcement
30+agency.
31+(5) "Opioid antagonist protocol" means the protocol established by
32+the state board of pharmacy pursuant to subsection (b).
2733 (6) "Opioid overdose" means an acute condition including, but not
2834 limited to, extreme physical illness, decreased level of consciousness,
2935 respiratory depression, coma, mania or death, resulting from the
3036 consumption or use of an opioid or another substance with which an
31-opioid was combined, or that a layperson would reasonably believe to
32-be resulting from the consumption or use of an opioid or another
33-substance with which an opioid was combined, and for which medical
34-assistance is required.
35-(7) "Patient" means a person believed to be at risk of experiencing
36-an opioid overdose.
37-(8) "School nurse" means a professional nurse licensed by the
38-board of nursing and employed by a school district to perform nursing
37+opioid was combined, or that a layperson would reasonably believe to be
38+resulting from the consumption or use of an opioid or another substance
39+with which an opioid was combined, and for which medical assistance is
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76+required.
77+(7) "Patient" means a person believed to be at risk of experiencing an
78+opioid overdose.
79+(8) "School nurse" means a professional nurse licensed by the board
80+of nursing and employed by a school district to perform nursing
3981 procedures in a school setting.
4082 (9) "Healthcare provider" means a physician licensed to practice
41-medicine and surgery by the state board of healing arts, a licensed
42-dentist, a mid-level practitioner as defined by K.S.A. 65-1626, and
43-amendments thereto, or any person authorized by law to prescribe
44-medication.
83+medicine and surgery by the state board of healing arts, a licensed dentist,
84+a mid-level practitioner as defined by K.S.A. 65-1626, and amendments
85+thereto, or any person authorized by law to prescribe medication.
4586 (b) The state board of pharmacy shall issue a statewide opioid
46-antagonist protocol that establishes requirements for a licensed
47-pharmacist to dispense emergency opioid antagonists to a person
48-pursuant to this section. The opioid antagonist protocol shall include
49-procedures to ensure accurate recordkeeping and education of the
50-person to whom the emergency opioid antagonist is furnished,
51-including, but not limited to: Opioid overdose prevention, recognition
52-and response; safe administration of an emergency opioid antagonist;
53-potential side effects or adverse events that may occur as a result of
54-administering an emergency opioid antagonist; a requirement that the
55-administering person immediately contact emergency medical services
56-for a patient; and the availability of drug treatment programs.
87+antagonist protocol that establishes requirements for a licensed pharmacist
88+to dispense emergency opioid antagonists to a person pursuant to this
89+section. The opioid antagonist protocol shall include procedures to ensure
90+accurate recordkeeping and education of the person to whom the
91+emergency opioid antagonist is furnished, including, but not limited to:
92+Opioid overdose prevention, recognition and response; safe administration
93+of an emergency opioid antagonist; potential side effects or adverse events
94+that may occur as a result of administering an emergency opioid
95+antagonist; a requirement that the administering person immediately
96+contact emergency medical services for a patient; and the availability of
97+drug treatment programs.
5798 (c) A pharmacist may furnish an emergency opioid antagonist to a
5899 patient or bystander subject to the requirements of this section, the
59-pharmacy act of the state of Kansas and any rules and regulations
60-adopted by the state board of pharmacy thereunder.
61-(d) A pharmacist furnishing an emergency opioid antagonist Substitute for SENATE BILL No. 193- page 2
62-pursuant to this section may not permit the person to whom the
63-emergency opioid antagonist is furnished to waive any consultation
64-required by this section or any rules and regulations adopted
65-thereunder.
66-(e) Any first responder, scientist or technician operating under a
67-first responder agency or school nurse is authorized to possess, store,
68-distribute and administer emergency opioid antagonists as clinically
69-indicated, provided that all personnel with access to emergency opioid
70-antagonists are trained, at a minimum, on the following:
100+pharmacy act of the state of Kansas and any rules and regulations adopted
101+by the state board of pharmacy thereunder.
102+(d) A pharmacist furnishing an emergency opioid antagonist pursuant
103+to this section may not permit the person to whom the emergency opioid
104+antagonist is furnished to waive any consultation required by this section
105+or any rules and regulations adopted thereunder.
106+(e) Any first responder, scientist or technician operating under a first
107+responder agency or school nurse is authorized to possess, store, distribute
108+and administer emergency opioid antagonists as clinically indicated,
109+provided that all personnel with access to emergency opioid antagonists
110+are trained, at a minimum, on the following:
71111 (1) Techniques to recognize signs of an opioid overdose;
72112 (2) standards and procedures to store, distribute and administer an
73113 emergency opioid antagonist;
74114 (3) emergency follow-up procedures, including the requirement to
75115 summon emergency ambulance services either immediately before or
76116 immediately after administering an emergency opioid antagonist to a
77117 patient; and
78118 (4) inventory requirements and reporting any administration of an
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79162 emergency opioid antagonist to a healthcare provider.
80-(f) (1) Any first responder agency electing to provide an
81-emergency opioid antagonist to its employees or volunteers for the
82-purpose of administering the emergency opioid antagonist shall procure
83-the services of a physician to serve as physician medical director for the
84-first responder agency's emergency opioid antagonist program.
163+(f) (1) Any first responder agency electing to provide an emergency
164+opioid antagonist to its employees or volunteers for the purpose of
165+administering the emergency opioid antagonist shall procure the services
166+of a physician to serve as physician medical director for the first responder
167+agency's emergency opioid antagonist program.
85168 (2) The first responder agency shall utilize the physician medical
86169 director or a licensed pharmacist for the purposes of:
87170 (A) Obtaining a supply of emergency opioid antagonists;
88171 (B) receiving assistance developing necessary policies and
89172 procedures that comply with this section and any rules and regulations
90173 adopted thereunder;
91174 (C) training personnel; and
92-(D) coordinating agency activities with local emergency
93-ambulance services and medical directors to provide quality assurance
94-activities.
95-(3) A law enforcement agency shall be exempt from this
96-subsection unless electing to provide an emergency opioid antagonist
97-dispensed or furnished pursuant to the opioid antagonist protocol in
98-subsection (b).
99-(g) (1) Any healthcare provider or pharmacist who, in good faith
100-and with reasonable care, prescribes or dispenses an emergency opioid
175+(D) coordinating agency activities with local emergency ambulance
176+services and medical directors to provide quality assurance activities.
177+(g) (1) Any healthcare provider or pharmacist who, in good faith and
178+with reasonable care, prescribes or dispenses an emergency opioid
101179 antagonist pursuant to this section shall not, by an act or omission, be
102-subject to civil liability, criminal prosecution or any disciplinary or
103-other adverse action by a professional licensure entity arising from the
104-healthcare provider or pharmacist prescribing or dispensing the
105-emergency opioid antagonist.
106-(2) Any patient, bystander, school nurse, or a first responder,
180+subject to civil liability, criminal prosecution or any disciplinary or other
181+adverse action by a professional licensure entity arising from the
182+healthcare provider or pharmacist prescribing or dispensing the emergency
183+opioid antagonist.
184+(2) Any patient, bystander, school nurse, law enforcement officer, as
185+defined in K.S.A. 22-2202, and amendments thereto, or a first responder,
107186 scientist or technician operating under a first responder agency, who, in
108187 good faith and with reasonable care, receives and administers an
109188 emergency opioid antagonist pursuant to this section to a person
110-experiencing a suspected opioid overdose shall not, by an act or
111-omission, be subject to civil liability or criminal prosecution, unless
112-personal injury results from the gross negligence or willful or wanton
113-misconduct in the administration of the emergency opioid antagonist.
114-(3) Any first responder agency employing or contracting any
115-person that, in good faith and with reasonable care, administers an
116-emergency opioid antagonist pursuant to this section to a person
117-experiencing a suspected opioid overdose shall not, by an act or
189+experiencing a suspected opioid overdose shall not, by an act or omission,
190+be subject to civil liability or criminal prosecution, unless personal injury
191+results from the gross negligence or willful or wanton misconduct in the
192+administration of the emergency opioid antagonist.
193+(3) Any first responder agency or law enforcement agency employing
194+or contracting any person that, in good faith and with reasonable care,
195+administers an emergency opioid antagonist pursuant to this section to a
196+person experiencing a suspected opioid overdose shall not, by an act or
118197 omission, be subject to civil liability, criminal prosecution, any
119198 disciplinary or other adverse action by a professional licensure entity or
120-any professional review. Substitute for SENATE BILL No. 193- page 3
121-(h) The state board of pharmacy shall adopt rules and regulations
122-as may be necessary to implement the provisions of this section prior to
199+any professional review.
200+(h) The state board of pharmacy shall adopt rules and regulations as
201+may be necessary to implement the provisions of this section prior to
123202 January 1, 2018.
124-(i) This section shall be a part of and supplemental to the
125-pharmacy act of the state of Kansas.
203+(i) This section shall be a part of and supplemental to the pharmacy
204+act of the state of Kansas.
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126248 Sec. 2. K.S.A. 2024 Supp. 65-16,127 is hereby repealed.
127249 Sec. 3. This act shall take effect and be in force from and after its
128-publication in the Kansas register.
129-I hereby certify that the above BILL originated in the
130-SENATE, and passed that body
131-__________________________
132-SENATE concurred in
133-HOUSE amendments _______________________
134-_________________________
135-President of the Senate.
136-_________________________
137-Secretary of the Senate.
138-
139-Passed the HOUSE
140- as amended _________________________
141-_________________________
142-Speaker of the House.
143-_________________________
144-Chief Clerk of the House.
145-APPROVED _____________________________
146-_________________________
147-Governor.
250+publication in the statute book.
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