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Kansas committee hears bill to allow pharmacists to supply nasal epinephrine to schools

Senate Committee (unspecified) · January 28, 2026
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Summary

A Senate committee heard testimony on SB 328 to broaden the legal definition of school emergency epinephrine to 'epinephrine delivery systems,' allowing non-injector forms such as recently FDA-approved nasal sprays; proponents said the change would increase student safety and give districts more affordable options.

A Senate committee heard testimony on Senate Bill 328, which would amend multiple Kansas statutes to expand the definition of school emergency epinephrine from "epinephrine auto injector" to "epinephrine delivery system," allowing pharmacists to distribute FDA-approved non-injector forms to school emergency medicine kits. Jenna Moyer, Revisor in the Statutes Office, told the committee the bill updates several KSA sections and would take effect July 1 upon publication in the statute book.

Kimberly Martin, speaking on behalf of the Kansas School Nurses Organization (KSNO), urged the committee to pass the bill. "This bill proposes a small change in language that will have a massive impact on student safety," she said, arguing the change would align state law with current science, enable lay responders such as teachers and coaches to act more readily when nurses are not present, and protect districts' budgets by allowing them to choose among delivery options rather than being limited to needle-based injectors. Martin noted the FDA has recently approved a nasal product referenced in testimony as "NIFy" and said an oral sublingual form is reported to be in development.

A senator raised cost concerns, saying the last time his office purchased EpiPens they cost about $1,200 for two and that the devices expire quickly. Martin replied that schools commonly access low-cost or free programs for emergency epinephrine and referenced a program mentioned in testimony as "Nephi for schools," while acknowledging consumer retail prices remain high.

Committee members were referred to three additional written proponent submissions and were told there were no opponents in the record. The hearing closed without a committee vote or final action; members asked staff to circulate written materials and the hearing record for review before any further consideration.

The bill text, as explained by the Revisor, amends KSA provisions to expand pediatric-dose epinephrine distribution authority and the statutes that permit student self-administration and school stock supplies to include any FDA-approved epinephrine delivery system. No vote was taken during the hearing.