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HB 2159

Exempting law enforcement agencies who do not provide emergency opioid antagonistspursuant to the statewide protocol from the requirement to procure a physician medical director.

2025-2026 Regular Session Introduced by Nick Hoheisel and 1 co-sponsor

HB 2159 allows law enforcement to administer emergency opioid antagonists without requiring a physician medical director, simplifying use and liability protections.

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Bill Summary · HB 2159

Summary — HB 2159 (2025)

Status: Committee report recommending bill be further amended and be passed as amended by the House Committee on Health & Human Services.
Introduced: January 28, 2025. Sponsors: Representatives Proctor and Hoheisel.

Purpose

HB 2159 addresses how Kansas law enforcement agencies may obtain and use emergency opioid antagonists (e.g., naloxone). Its primary intent is to remove certain medical oversight requirements imposed by the State Board of Pharmacy’s statewide emergency opioid antagonist (EOA) protocol and (in earlier versions) provide grant funding to help law enforcement purchase antagonists.

Key provisions (as developed through committee amendments)

  • Medical director exemption

    • Exempts law enforcement agencies from the EOA protocol requirement that a first responder agency procure a physician medical director (or have a licensed pharmacist on staff) for purposes of administering the EOA protocol.
    • A law enforcement agency remains exempt from that subsection unless it elects to provide antagonists dispensed or furnished pursuant to the Board of Pharmacy’s opioid antagonist protocol.

  • (Earlier committee versions) Emergency Opioid Antagonists Assistance Grant Program and Fund

    • Initially would have created a grant fund administered by the Attorney General to assist law enforcement agencies in purchasing emergency opioid antagonists.
    • Original introduced version directed an annual transfer of $4,000,000 from the State General Fund beginning July 1, 2025.
    • Committee amendments lowered that annual transfer to $500,000 and prioritized small law enforcement agencies; eligibility would require adoption of an agency policy on administration.
    • NOTE: The bill was further amended (per committee action March 3, 2025) to delete the provisions establishing the Program and Fund. Committee records therefore reflect competing versions — some that create a grant program (at $500K/year after amendment) and a later amendment that removed those provisions. The current committee report recommends the bill as further amended; readers should check the final committee engrossed text for the operative version.

  • Liability protection (from fiscal note / introduced text)

    • The introduced/fiscal-note text states a law enforcement officer who in good faith and with reasonable care administers an opioid antagonist for a suspected opioid overdose would not be subject to civil liability, criminal prosecution, or professional disciplinary action for that act.

Who or what is affected

  • Primary: Kansas law enforcement agencies and officers (city, county, state).
  • Secondary: Office of the Attorney General (if grant program enacted); State General Fund (if transfers required); State Board of Pharmacy (protocol application to law enforcement changed).
  • Small, rural, or resource-limited agencies were specifically identified as intended beneficiaries of any grant assistance in committee discussions.

Fiscal & administrative impact

  • Fiscal note (on the original version) noted:
    • The Director of Accounts and Reports would transfer $4,000,000 annually to a new fund (later amended in committee to $500,000).
    • The Office of the Attorney General and other state agencies (Judicial Branch, KBI, KHP) indicated any additional workload could be absorbed with existing resources or no fiscal effect.
  • Because committee amendments altered and at least one later amendment deleted the grant fund language, the fiscal effect depends on which amended text is enacted.

Procedural / background context

  • The statewide EOA protocol requirement derives from 2017 (2017 HB 2217).
  • Proponent testimony in committee came from private citizens and representatives of the Kansas Association of Chiefs of Police, Kansas Peace Officers Association, and Kansas Sheriffs Association. Testimony focused on cost and administrative burdens of medical director/pharmacist requirements and incidents where officers lacked antagonists when responding to overdoses.
  • Committee actions: multiple amendments reduced proposed funding and revised scope; latest committee report recommends further amendment and passage as amended. Consult the engrossed bill text or committee clerk for the final amended language before final passage.

If you want, I can:
- Compare the competing committee versions and produce redline-style differences, or
- Pull the currently engrossed text (if available) to confirm whether the grant program remains in the operative bill.

Compiled from official sources — confirm details with the bill’s official record.

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