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Session of 2026
SENATE BILL No. 328
By Committee on Public Health and Welfare
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AN ACT concerning health and healthcare; relating to regulation of
pharmacists; permitting a pharmacist to distribute epinephrine delivery
systems to a school for emergency medication kits; amending
definitions related to medication in schools to allow for use of
epinephrine delivery systems; amending K.S.A. 72-6282 and K.S.A.
2025 Supp. 65-1680 and 72-6283 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2025 Supp. 65-1680 is hereby amended to read as
follows: 65-1680. (a) A pharmacist may distribute a stock supply of
standard-dose and pediatric-dose epinephrine auto-injectors delivery
systems to a school pursuant to a prescription made pursuant to K.S.A. 72-
6283, and amendments thereto, from a physician or mid-level practitioner
in the name of the school. A pharmacist who distributes a stock supply of
standard-dose or pediatric-dose epinephrine auto-injectors delivery
systems to a school shall not be liable for civil damages resulting from the
administration of such medication pursuant to this section, K.S.A. 65-
2872b or 72-6283, and amendments thereto.
(b) A pharmacist may distribute a stock supply of albuterol metered-
dose inhalers, albuterol solution and spacers to a school pursuant to a
prescription made pursuant to K.S.A. 72-6283, and amendments thereto,
from a physician or mid-level practitioner in the name of the school. A
pharmacist who distributes a stock supply of albuterol metered-dose
inhalers, albuterol solution or spacers to a school shall not be liable for
civil damages resulting from the administration of such medication
pursuant to this section, K.S.A. 65-2872b or 72-6283, and amendments
thereto.
(c) The terms used in this section mean the same as defined in K.S.A.
72-6283, and amendments thereto.
Sec. 2. K.S.A. 72-6282 is hereby amended to read as follows: 72-
6282. (a) As used in this section:
(1) "Medication" means a medicine prescribed by a health care
healthcare provider for the treatment of anaphylaxis or asthma , including,
but not limited to, any medicine defined in section 201 of the federal food,
drug and cosmetic act, inhaled bronchodilators and auto-injectible
epinephrine delivery systems.
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(2) "Health careHealthcare provider" means:
(A) A physician licensed by the state board of healing arts to practice
medicine and surgery; or
(B) an advanced practice registered nurse issued a license pursuant to
K.S.A. 65-1131, and amendments thereto, who has authority to prescribe
drugs as provided by K.S.A. 65-1130, and amendments thereto; or (C) a
physician assistant licensed pursuant to the physician assistant licensure
act who has authority to prescribe drugs prior to January 11, 2016,
pursuant to a written protocol with a responsible physician under K.S.A.
65-28a08, and amendments thereto, and on and after January 11, 2016,
pursuant to a written agreement with a supervising physician under K.S.A.
65-28a08, and amendments thereto a mid-level practitioner as such term
is defined in K.S.A. 65-1626, and amendments thereto.
(3) "School" means any public or accredited nonpublic school.
(4) "Self-administration" means a student's discretionary use of such
student's medication pursuant to a prescription or written direction from a
health care healthcare provider.
(b) Each school district shall adopt a policy authorizing the self-
administration of medication by students enrolled in kindergarten or any of
the grades one through 12. A student shall meet all requirements of a
policy adopted pursuant to this subsection. Such policy shall include:
(1) A requirement of a written statement from the student's health
care healthcare provider stating the name and purpose of the medication ;,
the prescribed dosage;, the time the medication is to be regularly
administered, and any additional special circumstances under which the
medication is to be administered ;, and the length of time for which the
medication is prescribed;
(2) a requirement that the student has demonstrated to the health care
healthcare provider or such provider's designee and the school nurse or
such nurse's designee the skill level necessary to use the medication and
any device that is necessary to administer such medication as prescribed. If
there is no school nurse, the school shall designate a person for the
purposes of this subsection;
(3) a requirement that the health care healthcare provider has
prepared a written treatment plan for managing asthma or anaphylaxis
episodes of the student and for medication use by the student during
school hours;
(4) a requirement that the student's parent or guardian has completed
and submitted to the school any written documentation required by the
school, including the treatment plan prepared as required by paragraph (3)
and documents related to liability;
(5) a requirement that all teachers responsible for the student's
supervision shall be notified that permission to carry medications and self-
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medicate has been granted; and
(6) any other requirement imposed by the school district pursuant to
this section and K.S.A. 72-1138(e), and amendments thereto.
(c) A school district shall require annual renewal of parental
authorization for the self-administration of medication.
(d) A school district, and its officers, employees and agents, which
that authorizes the self-administration of medication in compliance with
the provisions of this section shall not be held liable in any action for
damage, injury or death resulting directly or indirectly from the self-
administration of medication.
(e) A school district shall provide written notification to the parent or
guardian of a student that the school district and its officers, employees
and agents are not liable for damage, injury or death resulting directly or
indirectly from the self-administration of medication. The parent or
guardian of the student shall sign a statement acknowledging that the
school district and its officers, employees or agents incur no liability for
damage, injury or death resulting directly or indirectly from the self-
administration of medication and agreeing to release, indemnify and hold
the school and its officers, employees and agents, harmless from and
against any claims relating to the self-administration of such medication.
(f) A school district shall require that any back-up medication
provided by the student's parent or guardian be kept at the student's school
in a location to which the student has immediate access in the event of an
asthma or anaphylaxis emergency.
(g) A school district shall require that information described in
subsection (b)(3) and (4) be kept on file at the student's school in a
location easily accessible in the event of an asthma or anaphylaxis
emergency.
(h) An authorization granted pursuant to subsection (b) shall allow a
student to possess and use such student's medication at any place where a
student is subject to the jurisdiction or supervision of the school district or
its officers, employees or agents.
(i) A board of education may adopt a policy pursuant to K.S.A. 72-
1138(e), and amendments thereto, which that:
(1) Imposes requirements relating to the self-administration of
medication which that are in addition to those required by this section; and
(2) establishes a procedure for , and the conditions under which , the
authorization for the self-administration of medication may be revoked.
Sec. 3. K.S.A. 2025 Supp. 72-6283 is hereby amended to read as
follows: 72-6283. (a) As used in this section, K.S.A. 65-1680 and 65-
2872b, and amendments thereto:
(1) "Albuterol" means a short-acting beta-2 agonist-inhaled
medication, otherwise known as a bronchodilator, that is prescribed by a
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physician or mid-level practitioner for the treatment of respiratory distress.
(2) "Albuterol metered-dose inhaler" means a portable drug delivery
system containing a canister of multiple premeasured doses of albuterol in
a device actuator.
(3) "Albuterol solution" means a liquid form of albuterol for use with
a nebulizer.
(4) "Anaphaylaxis" or "anaphylactic reaction" means a sudden, severe
and potentially life-threatening multi-system allergic reaction.
(5) "Designated school personnel" means 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.
(6) "Emergency medication" means epinephrine or albuterol.
(7) "Epinephrine" means 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.
(8) "Epinephrine auto-injector delivery system " means a device that
automatically injects is approved by the federal food and drug
administration, contains a premeasured dose of epinephrine and is used to
administer epinephrine into the human body.
(9) "Mid-level practitioner" means the same as such term is defined
in K.S.A. 65-1626, and amendments thereto.
(10) "Nebulizer" means a device that is used to change a liquid
medication to a fine spray of liquid or mist for the administration of the
medication through inhalation.
(11) "Pharmacist" means the same as such term is defined in K.S.A.
65-1626, and amendments thereto.
(12) "Physician" means any person licensed by the state board of
healing arts to practice medicine and surgery.
(13) "Respiratory distress" means impaired ventilation of the
respiratory system or impaired oxygenation of the blood.
(14) "School" means 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.
(15) "School nurse" means 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.
(16) "Spacer" means a holding chamber that is used to optimize the
delivery of aerolized albuterol from an albuterol metered-dose inhaler.
(17) "Stock supply" means an appropriate quantity of emergency
medication as recommended by a physician or mid-level practitioner.
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(b) (1) A school may maintain a stock supply of emergency
medication upon obtaining a prescription from a physician or mid-level
practitioner in the name of the school. A physician or mid-level
practitioner shall review the school's policies and procedures established
pursuant to subsection (c) prior to prescribing such emergency medication.
(2) A stock supply of epinephrine may consist of one or more
standard-dose or pediatric-dose epinephrine auto-injectors delivery
systems. A school nurse or designated school personnel may administer
such 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 if such school nurse or designated school
personnel reasonably believes that an individual is exhibiting the signs and
symptoms of an anaphylactic reaction.
(3) A stock supply of albuterol may consist of one or more albuterol
metered-dose inhalers, one or more doses of albuterol solution and one or
more spacers or nebulizers. A school nurse or designated school personnel
may administer such 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 if such school nurse or
designated school personnel reasonably believes that an individual is
exhibiting the signs and symptoms of respiratory distress.
(c) A school that maintains a stock supply of emergency medication
shall establish school policies and procedures relating to:
(1) Storage of the emergency medication, which shall require that the
emergency medication is stored:
(A) In a safe location that is readily accessible to the school nurse or
designated school personnel; and
(B) in accordance with manufacturer temperature recommendations;
(2) periodic monitoring of the inventory and expiration dates of
emergency medication;
(3) administration of emergency medication by designated school
personnel; and
(4) training requirements for designated school personnel, which shall
be conducted by a school nurse, physician or mid-level practitioner on not
less than on an annual basis for such designated school personnel. Such
training shall include, but not be limited to, the following:
(A) Recognition of the symptoms of anaphylaxis and respiratory
distress;
(B) administration of emergency medication;
(C) calling for emergency medical system responders;
(D) monitoring the condition of an individual after emergency
medication has been administered;
(E) notification of the parent, guardian or next of kin; and
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(F) safe disposal and sanitation of used equipment.
(d) A school shall publish information related to the school's
emergency medication policies and procedures and shall maintain records
of the training provided to designated school personnel.
(e) A school may accept monetary gifts, grants and donations to carry
out the provisions of this section or may accept epinephrine auto-injectors
delivery systems, albuterol metered-dose inhalers, albuterol solution,
spacers or nebulizers from a manufacturer or wholesaler.
Sec. 4. K.S.A. 72-6282 and K.S.A. 2025 Supp. 65-1680 and 72-6283
are hereby repealed.
Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.
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