§ 65-2872b — Persons not engaged in the practice of the healing arts; administration of epinephrine and albuterol; limitation of liability

(a) The practice of the healing arts shall not be construed to include any person administering epinephrine or albuterol in emergency situations to an individual if:
(1) (A) The person administering the epinephrine reasonably believes that the individual is exhibiting the signs and symptoms of an anaphylactic reaction; or
(B) the person administering the albuterol reasonably believes that the individual is exhibiting the signs and symptoms of respiratory distress;
(2) a physician or mid-level practitioner, after reviewing the school's policies and procedures, has authorized, in writing, the school to maintain a stock supply of emergency medication; and
(3) the emergency medication is administered at school, on school property or at a school-sponsored event.
(b) Any person who in good faith renders emergency care or treatment, without compensation, through the administration of emergency medication to an individual at school, on school property or at a school-sponsored event, and any school that employs or contracts such person shall not be held liable for any civil damages as a result of such care or administration or as a result of any act or failure to act in providing or arranging further medical treatment when the person acts as an ordinary reasonably prudent person would have acted under the same or similar circumstances.
(c) A physician or mid-level practitioner who writes a prescription for emergency medication or provides training to school personnel on the administration of emergency medication shall not be liable for civil damages resulting from the administration of emergency medication pursuant to this section, K.S.A. 65-1680 or 72-6283, and amendments thereto.
(d) The terms used in this section mean the same as defined in K.S.A. 72-6283, and amendments thereto.

Legislative History

L. 2009, ch. 102, § 1; L. 2024, ch. 67, § 3; July 1.