Substitute for SENATE BILL No. 193
AN ACT concerning the state board of pharmacy; relating to emergency opioid
antagonists; exempting law enforcement agencies who do not provide emergency
opioid antagonist pursuant to the statewide protocol from the requirement to procure
a physician medical director; amending K.S.A. 2024 Supp. 65-16,127 and repealing
the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2024 Supp. 65-16,127 is hereby amended to
read as follows: 65-16,127. (a) As used in this section:
(1) "Bystander" means a family member, friend, caregiver or other
person in a position to assist a person who the family member, friend,
caregiver or other person believes, in good faith, to be experiencing an
opioid overdose.
(2) "Emergency opioid antagonist" means any drug that inhibits
the effects of opioids and that is approved by the United States food
and drug administration for the treatment of an opioid overdose.
(3) "First responder" includes any emergency medical service
provider, as defined by K.S.A. 65-6112, and amendments thereto, any
law enforcement officer, as defined by K.S.A. 22-2202, and
amendments thereto, and any actual member of any organized fire
department, whether regular or volunteer.
(4) "First responder agency" includes, but is not limited to, any
law enforcement agency, fire department or criminal forensic
laboratory of any city, county or the state of Kansas.
(5) "Opioid antagonist protocol" means the protocol established
by the state board of pharmacy pursuant to subsection (b).
(6) "Opioid overdose" means an acute condition including, but not
limited to, extreme physical illness, decreased level of consciousness,
respiratory depression, coma, mania or death, resulting from the
consumption or use of an opioid or another substance with which an
opioid was combined, or that a layperson would reasonably believe to
be resulting from the consumption or use of an opioid or another
substance with which an opioid was combined, and for which medical
assistance is required.
(7) "Patient" means a person believed to be at risk of experiencing
an opioid overdose.
(8) "School nurse" means a professional nurse licensed by the
board of nursing and employed by a school district to perform nursing
procedures in a school setting.
(9) "Healthcare provider" means a physician licensed to practice
medicine and surgery by the state board of healing arts, a licensed
dentist, a mid-level practitioner as defined by K.S.A. 65-1626, and
amendments thereto, or any person authorized by law to prescribe
medication.
(b) The state board of pharmacy shall issue a statewide opioid
antagonist protocol that establishes requirements for a licensed
pharmacist to dispense emergency opioid antagonists to a person
pursuant to this section. The opioid antagonist protocol shall include
procedures to ensure accurate recordkeeping and education of the
person to whom the emergency opioid antagonist is furnished,
including, but not limited to: Opioid overdose prevention, recognition
and response; safe administration of an emergency opioid antagonist;
potential side effects or adverse events that may occur as a result of
administering an emergency opioid antagonist; a requirement that the
administering person immediately contact emergency medical services
for a patient; and the availability of drug treatment programs.
(c) A pharmacist may furnish an emergency opioid antagonist to a
patient or bystander subject to the requirements of this section, the
pharmacy act of the state of Kansas and any rules and regulations
adopted by the state board of pharmacy thereunder.
(d) A pharmacist furnishing an emergency opioid antagonist Substitute for SENATE BILL No. 193- page 2
pursuant to this section may not permit the person to whom the
emergency opioid antagonist is furnished to waive any consultation
required by this section or any rules and regulations adopted
thereunder.
(e) Any first responder, scientist or technician operating under a
first responder agency or school nurse is authorized to possess, store,
distribute and administer emergency opioid antagonists as clinically
indicated, provided that all personnel with access to emergency opioid
antagonists are trained, at a minimum, on the following:
(1) Techniques to recognize signs of an opioid overdose;
(2) standards and procedures to store, distribute and administer an
emergency opioid antagonist;
(3) emergency follow-up procedures, including the requirement to
summon emergency ambulance services either immediately before or
immediately after administering an emergency opioid antagonist to a
patient; and
(4) inventory requirements and reporting any administration of an
emergency opioid antagonist to a healthcare provider.
(f) (1) Any first responder agency electing to provide an
emergency opioid antagonist to its employees or volunteers for the
purpose of administering the emergency opioid antagonist shall procure
the services of a physician to serve as physician medical director for the
first responder agency's emergency opioid antagonist program.
(2) The first responder agency shall utilize the physician medical
director or a licensed pharmacist for the purposes of:
(A) Obtaining a supply of emergency opioid antagonists;
(B) receiving assistance developing necessary policies and
procedures that comply with this section and any rules and regulations
adopted thereunder;
(C) training personnel; and
(D) coordinating agency activities with local emergency
ambulance services and medical directors to provide quality assurance
activities.
(3) A law enforcement agency shall be exempt from this
subsection unless electing to provide an emergency opioid antagonist
dispensed or furnished pursuant to the opioid antagonist protocol in
subsection (b).
(g) (1) Any healthcare provider or pharmacist who, in good faith
and with reasonable care, prescribes or dispenses an emergency opioid
antagonist pursuant to this section shall not, by an act or omission, be
subject to civil liability, criminal prosecution or any disciplinary or
other adverse action by a professional licensure entity arising from the
healthcare provider or pharmacist prescribing or dispensing the
emergency opioid antagonist.
(2) Any patient, bystander, school nurse, or a first responder,
scientist or technician operating under a first responder agency, who, in
good faith and with reasonable care, receives and administers an
emergency opioid antagonist pursuant to this section to a person
experiencing a suspected opioid overdose shall not, by an act or
omission, be subject to civil liability or criminal prosecution, unless
personal injury results from the gross negligence or willful or wanton
misconduct in the administration of the emergency opioid antagonist.
(3) Any first responder agency employing or contracting any
person that, in good faith and with reasonable care, administers an
emergency opioid antagonist pursuant to this section to a person
experiencing a suspected opioid overdose shall not, by an act or
omission, be subject to civil liability, criminal prosecution, any
disciplinary or other adverse action by a professional licensure entity or
any professional review. Substitute for SENATE BILL No. 193- page 3
(h) The state board of pharmacy shall adopt rules and regulations
as may be necessary to implement the provisions of this section prior to
January 1, 2018.
(i) This section shall be a part of and supplemental to the
pharmacy act of the state of Kansas.
Sec. 2. K.S.A. 2024 Supp. 65-16,127 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the Kansas register.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
__________________________
SENATE concurred in
HOUSE amendments _______________________
_________________________
President of the Senate.
_________________________
Secretary of the Senate.
Passed the HOUSE
as amended _________________________
_________________________
Speaker of the House.
_________________________
Chief Clerk of the House.
APPROVED _____________________________
_________________________
Governor.