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As Further Amended by House Committee
As Amended by House Committee
Session of 2025
HOUSE BILL No. 2159
By Representatives Proctor and Hoheisel
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AN ACT concerning law enforcement; relating to emergency opioid
antagonists; creating the emergency opioid antagonists assistance grant
fund to assist law enforcement agencies with purchasing emergency
opioid antagonists; maintaining immunity for law enforcement agencies
and officers for damages resulting from administering an emergency
opioid antagonist; removing law enforcement agencies and officers
from the state board of pharmacy's statewide opioid antagonist
protocol; 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:
New Section 1. (a) There is hereby established in the state treasury
the emergency opioid antagonists assistance grant fund, to be administered
by the attorney general. All moneys credited to the fund shall be for
providing assistance to law enforcement agencies across the state in
purchasing emergency opioid antagonists.
(2) All expenditures from the emergency opioid antagonists
assistance account grant fund shall be made in accordance with
appropriation acts upon warrants of the director of accounts and reports
issued pursuant to vouchers approved by the attorney general or the
attorney general's designee.
(c) The attorney general shall develop and implement the emergency
opioid antagonists assistance grant program with the goal of providing
assistance to law enforcement agencies across the state in purchasing
emergency opioid antagonists for law enforcement officers to carry while
such officers are on duty. Prioritization of emergency opioid antagonists
assistance grant fund moneys shall be given to small law enforcement
agencies. Only a law enforcement agency that has adopted a policy
requiring the administration of emergency opioid antagonists shall be
eligible to receive a grant pursuant to this subsection.
(d) On July 1, 2025, and on July 1 of each year thereafter, the director
of accounts and reports shall transfer $4,000,000 $500,000 from the state
general fund to the emergency opioid antagonist assistance grant fund.
Sec. 2. Section 1. K.S.A. 2024 Supp. 65-16,127 is hereby amended to
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HB 2159—Fur. Am. by HC 2
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) (A) "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, 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.
(B) "First responder" does not include any law enforcement officer,
as defined in K.S.A. 22-2202, and amendments thereto.
(4) (A) "First responder agency" includes, but is not limited to, any
law enforcement agency, law enforcement agency, fire department or
criminal forensic laboratory or criminal forensic laboratory of any city,
county or the state of Kansas.
(B) "First responder agency" does not include any law enforcement
agency.
(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
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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 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;
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(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 such law enforcement agency elects 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.
(4) Any law enforcement officer, as defined in K.S.A. 22-2202, and
amendments thereto, or law enforcement agency employing or contracting
with any person who, in good faith and with reasonable care, administers
an emergency opioid antagonist 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.
(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. 3. 2. K.S.A. 2024 Supp. 65-16,127 is hereby repealed.
Sec. 4. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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