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Session of 2026
HOUSE BILL No. 2436
By Representatives Wikle, Amyx, Brownlee Paige, Carmichael, Carr, Ellis,
Featherston, Haskins, Hoheisel, Johnson, Martinez, McDonald, Melton, Meyer,
Mosley, Neighbor, Oropeza, Poskin, Proctor, Reavis, S. Ruiz, Sweely, Waggoner,
Woodard and Xu
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AN ACT concerning health and healthcare; relating to rendering medical
assistance; allowing for the use of expired opioid antagonists to treat an
opioid overdose; amending K.S.A. 2025 Supp. 22-2312 and repealing
the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2025 Supp. 22-2312 is hereby amended to read as
follows: 22-2312. (a) A law enforcement officer shall not take a person
into custody based solely on the commission of an offense described in
subsection (b) if the law enforcement officer, after making a reasonable
determination and considering the facts and surrounding circumstances,
reasonably believes that the person:
(1) (A) Initiated contact with a law enforcement officer, law
enforcement agency or emergency medical services and requested medical
assistance on the person's own behalf because the person reasonably
believed they needed medical assistance as a result of the use of a
controlled substance; and
(B) cooperated with law enforcement officers and emergency medical
services personnel in providing such medical assistance;
(2) (A) was a person who rendered aid , including administering an
emergency opioid antagonist, to another person who reasonably appeared
to need medical assistance as a result of the use of a controlled substance
or initiated contact with a law enforcement officer, law enforcement
agency or emergency medical services and requested medical assistance
for another person who reasonably appeared to need medical assistance as
a result of the use of a controlled substance;
(B) provided such person's full name and any other relevant
information that is necessary to provide the medical assistance described
in paragraph (2)(A) as requested by law enforcement or emergency
medical services;
(C) remained at the scene with the person who reasonably appeared
to need medical assistance until emergency medical services personnel and
law enforcement officers arrived; and
(D) cooperated with emergency medical services personnel and law
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HB 2436 2
enforcement officers in providing such medical assistance; or
(3) (A) was the person who reasonably appeared to need medical
assistance as a result of the use of a controlled substance as described in
subsection (a)(2)(A); and
(B) cooperated with emergency medical services personnel and law
enforcement officers in providing such medical assistance.
(b) (1) Except as provided in paragraph (2), each person who meets
the criteria in subsection (a) is immune from criminal prosecution for a
violation of K.S.A. 21-5706 or 21-5709(b)(2), and amendments thereto,
and any city ordinance or county resolution prohibiting the acts prohibited
by K.S.A. 21-5706 or 21-5709(b)(2), and amendments thereto.
(2) No person is immune from criminal prosecution as provided in
paragraph (1) if the quantity of controlled substances found at the scene of
the encounter with law enforcement would be sufficient to create a
rebuttable presumption of an intent to distribute as described in K.S.A. 21-
5705(e), and amendments thereto.
(c) The provisions of this section shall not apply to a person seeking
medical assistance during the course of the execution of an arrest warrant
or search warrant or a lawful search.
(d) Nothing in this section shall be construed to preclude a person
who is immune from criminal prosecution pursuant to this section from
being prosecuted based on evidence obtained from an independent source.
(e) A person shall not be allowed to initiate or maintain an action
against a law enforcement officer, or the officer's employer, based on the
officer's compliance or failure to comply with this section. Except in cases
of reckless or intentional misconduct, a law enforcement officer shall be
immune from liability for arresting a person who is later determined to be
immune from prosecution pursuant to this section.
(f) As used in this section:
(1) "Controlled substance" means the same as defined in K.S.A. 21-
5701, and amendments thereto; and.
(2) "Emergency opioid antagonist" means an intranasal form of a
drug that inhibits the effects of opioids and that is approved by the federal
food and drug administration for the treatment of an opioid overdose.
"Emergency opioid antagonist" includes an expired emergency opioid
antagonist up to 10 years past such emergency opioid antagonist's
expiration date.
(2)(3) "Law enforcement officer" means the same as defined in
K.S.A. 21-5111, and amendments thereto.
Sec. 2. K.S.A. 2025 Supp. 22-2312 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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