Bills Signed by the Governor
House Bill (HB) 2068 – Amends various provisions in the Pharmacy Act of the State and the Pharmacy Practice Act.
The bill allows a pharmacist to initiate therapy for a condition consisting of medications and durable medical equipment if the condition:
- Does not require a new diagnosis;
- Is minor and generally self-limiting;
- Has a test that is used to guide diagnosis or clinical decision-making that is waived under the federal Clinical Laboratory Improvement Amendments of 1988; or
- In the professional judgment of the pharmacist, constitutes a patient emergency that threatens the health or safety of the patient if the prescription is not immediately dispensed. Only the sufficient quantity would be provided until the patient could consult with or be seen by the patient’s personal physician or other primary care provider.
The bill provides for a pharmacist to dispense a one-time emergency refill of a non-controlled prescription drug for up to a 90-day supply when no refills remain and, in the pharmacist’s professional judgment, continuation of therapy is necessary to prevent interruption of care. The bill does not authorize a pharmacist to prescribe a controlled substance, except for medications prescribed for the treatment of opioid use disorder or for medication-assisted treatment. Beginning on Jan. 1, 2028, if a pharmacist chooses to independently initiate therapy pursuant to the bill, the bill requires the pharmacist to maintain professional liability insurance approved by the Commissioner of Insurance and issued by an insurer able to transact business in Kansas. The limit of the insurer’s liability would be no less than $500,000 per claim, subject to no less than a $1.5 million annual aggregate for all claims made during the policy period.
The bill also removes the ability of the State Board of Pharmacy to maintain the list of individuals authorized to access the Prescription Monitoring Program database, K-TRACS, through rules and regulations.
The bill also permits any pharmacy to employ a remote worker to engage in the remote practice of pharmacy subject to meeting all the requirements of the Act. The Act requires that the pharmacist-in-charge display a notice of remote work on the premises if the pharmacy employs remote workers. The Act requires of each pharmacy owner, pharmacist-in-charge, and remote worker engaged in the remote practice of pharmacy to ensure the following:
- Each remote practice area is free from third-party interference or observation;
- Each remote work device used to engage in the remote practice of pharmacy would:
- Be provided and maintained by the employing pharmacy;
- Be configured and properly equipped to engage in the remote practice of pharmacy and be secure from unauthorized access;
- Have the ability to maintain all prescription and patient information in a manner that protects the integrity and confidentiality of such information; and
- Provide for all communication to any third-party outside the employing pharmacy to be made on a remote work device.
The Governor signed the bill on April 9.
HB 2250 – Adds administering an emergency opioid antagonist as a protected act immune from criminal prosecution if the person to whom aid was rendered reasonably appeared to need medical assistance or requested medical assistance from law enforcement or emergency medical services as a result of the use of a controlled substance and would add civil liability protection for first responders. As defined in the bill, “emergency opioid antagonist” means an intranasal form of a drug that inhibits the effects of opioids and is approved by the U.S. Food and Drug Administration for the treatment of opioid overdose. The bill permits the administration of an emergency opioid antagonist up to 10 years past the product’s expiration date. The bill prohibits pharmacists, health care providers, and school nurses from prescribing, dispensing, distributing or furnishing expired emergency opioid antagonists.
The bill also authorizes a licensed private psychiatric hospital to maintain a stock supply of emergency medication kits for pharmaceutical emergencies; permits pharmacists to distribute epinephrine delivery systems to schools for emergency medication kits; and authorizes the use of expedited partner therapy (EPT) to treat sexually transmitted diseases. The Governor signed the bill on April 9.
HB 2365 – Makes amendments to the Uniform Controlled Substances Act (CSA) by adding and removing certain substances to Schedules I, III and IV; modifies language related to fentanyl and cannabis to conform state statute with federal law; adds 7-substances related to kratom to Schedule I of the CSA; and makes conforming amendments to the definition of “fentanyl-related controlled substance” in the Kansas Criminal Code.
The bill adds 14 substances to Schedule 1 of the CSA, including 11 opioids or synthetic opioids; ethylphenidate, a stimulant; hexahydrocannabinol, a derivative of Delta 9; tetrahydrocannabinol (THC); CUMYL-PEGACLONE, a synthetic cannabinoid; and 7-hydroxymitragynine, also known as 7-OH, a derivative of kratom.
Unless specifically exempted or unless listed in Schedules II through V of the CSA, any material, compound, mixture or preparation that contains any quantity of a fentanyl-related substance or that contains the salts, isomers and salts of isomers of a fentanyl-related substance whenever their existence is possible within the specific chemical designation is added to Schedule I. The bill also adds a definition of “fentanyl-related substance” to Schedule I and makes conforming amendments, adding and removing specific fentanyl derivatives and analogs to Schedule I and to the definition of “fentanyl-related substance’ in the Kansas Criminal Code. (Note: This change conforms to the 2025 federal Halt All Legal Trafficking (HALT) of Fentanyl Act, which created a fentanyl class in Schedule I of the federal Controlled Substances Act.)
The bill adds 22 federally scheduled steroids to Schedule III. The bill also adds Zuranolone, a prescription medication approved to treat postpartum depression, to Schedule IV. The Governor signed the bill on April 10. In her bill announcement, Gov. Kelly said, “The U.S. Food and Drug Administration is in the process of determining whether kratom is a safe and effective means of treating certain medical conditions. Until such a time as quality scientific reviews determine positive impacts and minimal health risks, it is wise to safeguard the health of Kansans.”
HB 2479 – Increases the penalties for the crimes of endangering a child and aggravated endangering a child when such child is less than 6 years of age. For endangering a child who is less than 6 years of age, the bill classifies such crime as a severity level 9 felony. (Note: Previous law provided that endangering a child regardless of the child’s age was a class A person misdemeanor.) For aggravated endangering a child who is less than 6 years of age, the bill classifies such crime as a severity level 8 person felony. (Note: Previous law provided that aggravated endangering a child regardless of the child’s age was a severity level 9 person felony.) For aggravated endangering a child when bodily harm is inflicted when such child is less than 6 years of age, the bill classifies the crime as a severity level 5 person felony. (Note: Previous law provided that aggravated endangering a child when bodily harm is inflicted, regardless of the child’s age, was a severity level 6 person felony.) The bill also created and amended Kansas criminal law related to electronic monitoring for defendants charged with domestic violence and the elements of the crime of breach of privacy. The Governor signed the bill on April 9.
HB 2509 – Amends, commencing on Jan. 1, 2028, the Health Care Provider Insurance Availability Act to add advanced practice registered nurses (APRNs) to the list of health care providers participating in the Health Care Stabilization Fund and adds a member who is an APRN to the Board of Governors of the Fund. APRNs would have six months to comply with the membership requirements of the Fund. An APRN is not required to participate if the initial surcharge to participate in the Fund exceeds 15 percent.
The bill also allows physical therapists to perform point-of-care laboratory testing that is classified by the Centers for Medicare and Medicaid Services (CMS) as Clinical Laboratory Improvement Amendments (CLIA)-waived tests. The bill defines “point-of-care testing” as laboratory-based capillary assays and would not include:
- Point-of-care ultrasounds;
- Other imaging modalities and venipuncture; or
- Other procedures requiring vascular access beyond the use of a fingerstick or other capillary methods.
The bill allows point-of-care testing of lactate and blood glucose tests only by physical therapists for the purpose of obtaining information related to:
- Muscle metabolism;
- Exercise tolerance; or
- Rehabilitation status.
The bill does not allow point-of-care testing by physical therapists to be construed as granting independent authority to diagnose medical conditions. The bill also requires a physical therapist to obtain written consent from a patient or the patient’s representative prior to performing point-of-care testing. Written consent would include disclosure of costs and an acknowledgement of financial responsibility to the patient or the patient’s representative. The Governor signed the bill on April 9.
HB 2533 – Enacts four multistate licensure compacts:
- Occupational Therapy Licensure Compact;
- Respiratory Care Interstate Compact;
- Esthetics Licensure Compact; and
- Athletic Trainer Licensure Compact.
The Governor signed the bill on April 9.
HB 2534 – Requires school districts to develop fentanyl abuse education programs and to maintain a stock supply of naloxone, creates the Student Safe at School Act regarding the conduct of active shooter drills and simulations in public and accredited nonpublic schools, and amends the definition of “crisis drill” for purposes of rules and regulations promulgated by the State Fire Marshal.
The bill requires the State Board of Education to develop guidance for age-appropriate instruction on the prevention of the abuse of and addiction to fentanyl and other opioids and distribute such guidance to school districts. The bill requires the board of education of a school district to develop fentanyl abuse education programs, based upon the guidance provided by the State Board and that such programs be provided to all students enrolled in grades 9 through 12.
The bill authorizes a school nurse or designated school personnel, as defined by the bill, to administer naloxone in an emergency situation to any individual who displays the signs and symptoms of opioid overdose if:
- The school nurse or designated school personnel reasonably believes that an individual is exhibiting the signs and symptoms of an overdose; and
- The individual is at school, on school property, or at a school-sponsored event.
The bill requires the Kansas State Department of Education (KSDE), on or before Oct. 1, 2026, to establish and publish best practice guidelines for conducting an active shooter drill in school. Each board of education of a school district or governing body of an accredited nonpublic school would be required to adopt policies for the conduct of active shooter drills that are consistent with the KSDE guidelines. Schools are prohibited from conducting, sponsoring or permitting any active shooter simulation on school property where students in grades kindergarten through 8 regularly attend. Active shooter simulations would be permitted at schools where only students in grades 9 through 12 regularly attend. The Governor signed the bill on April 9.
HB 2601 – Establishes a Child Abuse and Neglect Registry maintained by the Secretary of the Kansas Department for Children and Families (DCF) and requires administrative hearings, including the opportunity for appeal, before placing an individual on the Registry. The bill also limits use of information on the Registry and permits the Secretary to maintain other registries or records to meet federal requirements. The bill also amends law concerning reporting of child abuse and neglect in the Revised Code for Child in Need of Care (CINC) Code to require such reports include information about any known custody dispute involving the child subject to the report and would require certain reporting information be submitted to specified legislative committees each year. The Governor signed the bill on April 9.
Senate Bill (SB) 20 – Enacts the Kansas Consumer Prescription Protection and Accountability Act. The bill provides for the regulation of pharmacy benefit managers (PBMs), defines auditing procedures, outlines reporting requirements, and allows compliance and financial examinations. The bill requires PBMs to charge a health benefit plan the same price for a prescription drug as the PBM pays a pharmacy for the prescription drug, utilizes the most recently published monthly National Average Drug Acquisition Cost (NADAC) as a point of reference, and reimburses pharmacies at an amount not less than the NADAC, plus a professional dispensing fee of $10.50. The bill provides a reimbursement procedure for drugs not on the NADAC. The Governor signed the bill on April 9.
SB 271 – Changes the household gross income eligibility requirement for the State Children’s Health Insurance Program (CHIP) from 250.0 percent of the 2008 federal poverty level to 250.0 percent of the current federal poverty income guidelines, with coverage subject to appropriation of funds and eligibility requirements. The bill also requires the Secretary of the Kansas Department of Health and Environment (KDHE) to adopt rules and regulations to establish a premium by sliding-fee scale that charges per family. The bill also changes the meeting date requirements of the Robert G. (Bob) Bethell Joint Committee on Home and Community Based Services and KanCare Oversight, to meet at least once each quarter, while retaining the requirement for the meetings to be two consecutive days in the third and fourth quarters. The Governor signed the bill on April 9. In her bill announcement Gov. Kelly said, “I’m pleased to sign this bipartisan, commonsense legislation that cements these updates to the Kansas CHIP income eligibility requirements and prioritizes the health, well-being and future of Kansas kids.”
SB 408 – Amends the definition of “child in need of care” in the CINC Code to exclude a person less than 18 years old who is engaging in independent activities without adult supervision when a parent allows such child to engage in such activities if:
- Such independent activities are appropriate for the child’s age, maturity and mental abilities; and
- Such lack of supervision does not constitute such grossly negligent conduct that it would endanger the health and safety of the child.
The bill defines “independent activities” to include, but not be limited to, traveling to or from school or nearby locations on foot or bicycle, playing outdoors, remaining home for a reasonable amount of time, or remaining in a vehicle that is not dangerously hot or cold for a reasonable amount of time.
The bill also amends the crime of endangering a child to add that a child is also not deemed endangered solely by the child’s parent permitting or failing to prohibit such child from engaging in independent activity unless the parent knowingly or recklessly disregarded an obvious danger to the child given the child’s age, maturity, and physical and mental abilities. The Governor signed the bill on April 9.
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