Kansas AED Act

 

SENATE BILL No. 535

 

An Act concerning emergency medical services; relating to the emergency medical services board; relating to the powers and duties thereof; relating to attendants and the regulation thereof; concerning the use of automated external defibrillators; amending K.S.A. 65-6102, 65-6127, 65-6129a, 65-6129b, 65-6133 and 65-6135 and K.S.A. 1997 Supp. 65-6110, 65-6111, 65-6112, 65-6119, 65-6120, 65-6121, 65-6123, 65-6124, 65-6129 and 65-6144 and repealing the existing sections; also repealing K.S.A. 65-6148 and K.S.A. 1997 65-6149.

 

Be it enacted by the Legislature of the State of Kansas:

 

    Section 1. K.S.A. 65-6102 is hereby amended to read as follows:

 

65-6102. (a) There is hereby established the emergency medical services board. The office of the emergency medical services board shall be located in the city of Topeka, Kansas.

 

    (b) The emergency medical services board shall be composed of 13 members to be appointed as follows:

 

    (1) Nine members shall be appointed by the governor. Of such members:

 

    (A) One shall be a member of the Kansas medical society who is actively involved in emergency medical services;

 

    (B) two shall be county commissioners of counties making a levy for ambulance service, at least one of whom shall be from a county having a population of less than 15,000;

 

    (C) one shall be an instructor-coordinator;

 

    (D) one shall be a hospital administrator actively involved in emergency medical services;

 

    (E) one shall be a member of a firefighting unit which provides emergency medical service; and

 

    (F) three shall be attendants who are actively involved in emergency medical service. At least two classifications of attendants shall be represented. At least one of such members shall be from a volunteer emergency medical service; and

 

    (2) four members shall be appointed as follows:

 

    (A) One shall be a member of the Kansas senate to be appointed by the president of the senate;

 

    (B) one shall be a member of the Kansas senate to be appointed by the minority leader of the senate;

 

    (C) one shall be a member of the Kansas house of representatives to be appointed by the speaker of the house of representatives; and

 

    (D) one shall be a member of the Kansas house of representatives to be appointed by the minority leader of the house of representatives.

 

    All members of the board shall be residents of the state of Kansas.  Appointments to the board shall be made with due consideration that representation of the various geographical areas of the state is ensured.

The governor may remove any member of the board upon recommendation of the board. Any person appointed to a position on the board shall forfeit such position upon vacating the office or position which qualified such person to be appointed as a member of the board.

 

    (c) Of the members first appointed to the board, four shall be appointed for terms of one year, three for terms of two years, three for terms of three years and three for terms of four years. Thereafter, members shall be appointed for terms of four years and until their successors are appointed and qualified. In the case of a vacancy in the membership of the board, the vacancy shall be filled for the unexpired term.

 

    (d) The board shall meet at least six times annually and at least once each quarter and at the call of the chairperson or at the request of the administrator of the emergency medical services board or of any six members of the board. At the first meeting of the board after January 1 each year, the members shall elect a chairperson and a vice-chairperson who shall serve for a term of one year. The vice-chairperson shall exercise all of the powers of the chairperson in the absence of the chairperson. If a vacancy occurs in the office of the chairperson or vice-chairperson, the board shall fill such vacancy by election of one of its members to serve the unexpired term of such office. Members of the board attending meetings of the board or attending a subcommittee meeting thereof authorized by the board shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments

thereto.

 

    (e) Members of the emergency medical services council appointed pursuant to K.S.A. 65-4316, and amendments thereto, shall continue to serve until the members of the emergency medical services board are

appointed and qualified pursuant to this section.

 

    (f) (e) Except as otherwise provided by law, all vouchers for expenditures and all payrolls of the emergency medical services board shall be approved by the emergency medical services board or a person designated by the board.

 

    (g) The first person appointed by the governor to the board shall call the first meeting of the board and shall serve as temporary chairperson of the board until a chairperson and vice-chairperson are elected by the board at such meeting.

 

    Sec. 2. K.S.A. 1997 Supp. 65-6110 is hereby amended to read as follows: 65-6110. (a) The board shall adopt any rules and regulations necessary for the regulation of ambulance services. Such rules and regulations shall include: (1) A classification of the different types of ambulance services; (2) requirements as to equipment necessary for ambulances and rescue vehicles; (3) qualifications and training of attendants and, instructor-coordinators and training officers; (4) requirements for the licensure and renewal of licensure for ambulances and rescue vehicles; (5) records and equipment to be maintained by operators, instructor-coordinators, training officers, providers of training and attendants; and (6) such other

matters as the board deems necessary to implement and administer the provisions of this act.

 

    (b) The provisions of this act shall not apply to rescue vehicles operated by a fire department.

 

    Sec. 3. K.S.A. 1997 Supp. 65-6111 is hereby amended to read as follows: 65-6111. The emergency medical services board shall:

 

    (a) Adopt any rules and regulations necessary to carry out the provisions of this act;

 

    (b) review and approve the allocation and expenditure of moneys appropriated for emergency medical services;

 

    (c) conduct hearings for all regulatory matters concerning ambulance services and, attendants certified pursuant to this act, instructor-coordinators, training officers and providers of training;

 

    (d) submit a budget to the legislature for the operation of the board;

 

    (e) develop a state plan for the delivery of emergency medical services;

 

    (f) enter into contracts as may be necessary to carry out the duties and functions of the board under this act;

 

    (g) review and approve all requests for state and federal funding involving emergency medical services projects in the state or delegate such duties to the administrator;

 

    (h) approve all training programs for attendants, instructor-coordinators and training officers and prescribe application fees by rules and regulations;

 

    (i) approve methods of examination of applicants for initial attendants' certificates for certification of attendants, training officers and instructor-coordinators and prescribe examination fees by rules and regulations;

 

    (j) develop the criteria for and approve a course of instruction for instructor-coordinators;

 

    (k) conduct or contract for the provision of instruction of instructor-coordinators;

 

    (l) certify instructor-coordinators;

 

    (m) authorize, pursuant to rules and regulations, training officers to conduct continuing education programs for attendants and courses in the initial training of first responders; and

 

    (n) (j) appoint a medical consultant for the board. Such person shall be a person licensed to practice medicine and surgery and shall be active in the field of emergency medical services; and

 

    (k) approve providers of training by prescribing standards and requirements by rules and regulations and withdraw or modify such approval in accordance with the Kansas administrative procedures act and

the rules and regulations of the board.

 

    Sec. 4. K.S.A. 1997 Supp. 65-6112 is hereby amended to read as follows: 65-6112. As used in this act:

 

    (a) ``Administrator'' means the administrator of the emergency medical services board.

 

    (b) ``Ambulance'' means any privately or publicly owned motor vehicle, airplane or helicopter designed, constructed, prepared and equipped for use in transporting and providing emergency care for individuals who are ill or injured.

 

    (c) ``Ambulance service'' means any organization operated for the purpose of transporting sick or injured persons to or from a place where medical care is furnished, whether or not such persons may be in need

of emergency or medical care in transit.

 

    (d) ``Attendant'' means a first responder or an, emergency medical technician, an emergency medical technician-intermediate, an emergency medical technician-defibrillator or a mobile intensive care technician whose primary function is ministering to the needs of persons requiring emergency medical services certified pursuant to this act.

 

    (e) ``Board'' means the emergency medical services board established pursuant to K.S.A. 65-6102, and amendments thereto.

 

    (f) ``Emergency medical service'' means the effective and coordinated delivery of such care as may be required by an emergency, including services provided by first responders, which includes the care and transportation of individuals by ambulance services and the performance of  authorized emergency care by a person licensed to practice medicine and surgery, a licensed professional physician, professional nurse, a registered physician's assistant, emergency medical technician, emergency medical technician-intermediate, emergency medical technician-defibrillator or a mobile intensive care technician or attendant.

 

    (g) ``Emergency medical technician'' means any a person who has successfully completed a course of training, approved by the board, in preliminary emergency medical care and who holds a valid emergency

medical technician certificate under holds an emergency medical technician certificate issued pursuant to this act.

 

    (h) ``Emergency medical technician-defibrillator'' means any a person, currently certified as an emergency medical technician or emergency medical technician-intermediate, who has successfully completed a training program in cardiac defibrillation approved by the board and who holds

a valid emergency medical technician-defibrillator certificate under who holds an emergency medical technician defibrillator certificate issued pursuant to this act.

 

    (i) ``Emergency medical technician-intermediate'' means any a person, currently certified as an emergency medical technician or emergency medical technician-defibrillator, who, has successfully completed a course of training approved by the board which includes training in veni-puncture for blood sampling and administration of intravenous fluids and advanced patient assessment and who holds a valid emergency medical technician-intermediate certificate under who holds an emergency medical technician intermediate certificate issued pursuant to this act.

 

    (j) ``First responder'' means a person who has successfully completed a course of training in preliminary emergency care, who holds a valid first responder certificate under this act and who provides services to individuals in need of emergency medical care that assist in stabilization or improvement of such individual's condition until personnel with a higher level of training arrive at the scene and assume responsibility for the individual holds a first responder certificate issued pursuant to this act.

 

    (k) ``Hospital'' means a hospital as defined by K.S.A. 65-425, and amendments thereto.

 

    (l) ``Instructor-coordinator'' means any a person who has successfully completed a course of training, approved by the board, to instruct attendants and to coordinate training programs, and who holds a valid instructor-coordinator certificate under this act is certified under this act to teach initial courses of certification of instruction and continuing education classes.

 

    (m) ``Medical adviser'' means a physician.

 

    (n) ``Medical protocols'' mean written guidelines that have been reviewed and approved by the emergency medical committee of the county medical society, which assist in the provision of medical care to a patient when the attendant is not receiving immediate direction from a physician. In those counties where there is no emergency medical committee of the county medical society, ``medical protocols'' mean written guidelines that have been reviewed and approved by the medical staff of the hospital to which the ambulance service primarily transports patients, which assist in the provision of medical care to a patient when the attendant is not receiving immediate direction from a physician which authorize attendants to perform certain medical procedures prior to contacting a physician, or professional nurse authorized by a physician. These protocols shall be developed and approved by a county medical society or, if there

is no county medical society, the medical staff of a hospital to which the ambulance service primarily transports patients.

 

    (o) ``Mobile intensive care technician'' means any a person who has successfully completed a course of training, approved by the board, in emergency medical care, and who holds a valid mobile intensive care

technician certificate under holds a mobile intensive care technician certificate issued pursuant to this act.

 

    (p) ``Municipality'' means any city, county, township, fire district or ambulance service district.

 

    (q) ``Nonemergency transportation'' means the care and transport of a sick or injured person under a foreseen combination of circumstances calling for continuing care of such person. As used in this subsection, transportation includes performance of the authorized level of services of the attendant whether within or outside the vehicle as part of such transportation services.

 

    (r) ``Operator'' means a person or municipality who has a permit to operate an ambulance service in the state of Kansas.

 

    (s) ``Person'' means an individual, a partnership, an association, a joint-stock company or a corporation.

 

    (t) ``Physician'' means a person licensed by the state board of healing arts to practice medicine and surgery.

 

    (u) ``Training officer I'' means any person who has completed successfully a course of training, approved by the board, to conduct continuing education programs for attendants.

 

    (v) ``Training officer II'' means any person who has: (1) Completed successfully a course of training, approved by the board, to conduct continuing education programs for attendants; and (2) completed successfully a supplemental course of training, approved by the board, to conduct initial training programs for first responders.

 

    (u) ``Physician's assistant'' means a person who is registered in accordance with the provisions of K.S.A. 65-2896a, and amendments thereto and who is acting under the direction of a responsible physician.

 

    (v) ``Professional nurse'' means a licensed professional nurse as defined by K.S.A. 65-1113, and amendments thereto.

 

    (w) ``Provider of training'' means a corporation, partnership, accredited postsecondary education institution, ambulance service, fire department, hospital or municipality that conducts training programs that include, but are not limited to, initial courses of instruction and continuing education for attendants, instructor-coordinators or training officers.

 

    (x) ``Responsible physician'' means responsible physician as such term is defined under K.S.A. 65-2897a and amendments thereto.

 

    (y) ``Training officer'' means a person who is certified pursuant to this act to teach initial courses of instruction for first responders and continuing education as prescribed by the board.

 

    Sec. 5. K.S.A. 1997 Supp. 65-6119 is hereby amended to read as follows: 65-6119. Notwithstanding any other provision of law, mobile intensive care technicians may perform any of the following:

 

    (a) May Perform all the authorized activities of an emergency medical technician as described identified in K.S.A. 65-6121, and amendments thereto.;

 

    (b) perform cardiopulmonary resuscitation and defibrillation in a pulseless, nonbreathing patient.;

 

    (c) when voice contact or a telemetered electrocardiogram is monitored by a person licensed to practice medicine and surgery or a licensed professional nurse where authorized by a person licensed to practice medicine and surgery, physician, physician's assistant where authorized by a physician or licensed professional nurse where authorized by a physician and direct communication is maintained, and upon order of such person or such nurse do any of the following may:

 

    (1) Perform veni-puncture for the purpose of blood sampling collection and initiation and maintenance of intravenous infusion of saline solutions, dextrose and water solutions or ringers lactate IV solutions.

 

    (2) perform gastric suction by intubation.

 

    (3) perform endotracheal intubation.

 

    (4) administer parenteral injections of any of the following classes of drugs:

 

    (A) Antiarrhythmic agents.

 

    (B) vagolytic agents.

 

    (C) chronotropic agents.

 

    (D) analgesic agents.

 

    (E) alkalinizing agents.

 

    (F) vasopressor agents.

 

    (5) administer such other medications or procedures as may be deemed necessary by such an ordering person. a person identified in subsection (c);

 

    (d) perform, during an emergency, those activities specified in subsection (c) before contacting the person licensed to practice medicine and surgery or authorized licensed professional nurse a person identified in subsection (c) when specifically authorized to perform such activities by medical protocols.; and

 

    (e) perform, during nonemergency transportation, those activities specified in this section when specifically authorized to perform such activities by medical protocols.

 

    Sec. 6. K.S.A. 1997 Supp. 65-6120 is hereby amended to read as follows: 65-6120. Notwithstanding any other provision of law to the contrary, an emergency medical technician-intermediate may:

 

    (a) May Perform any of the activities described identified by K.S.A. 65-6121, and amendments thereto, which an emergency medical technician may perform;

 

    (b) when approved by medical protocols and where voice contact by radio or telephone is monitored by a person licensed to practice medicine and surgery or a licensed professional physician, physician's assistant

where authorized by a physician or licensed professional nurse, where authorized by a person licensed to practice medicine and surgery physician, and direct communication is maintained, upon order of such person or such nurse, may perform veni-puncture for the purpose of blood sampling collection and initiation and maintenance of intravenous infusion of saline solutions, dextrose and water solutions or ringers lactate IV solutions, endotracheal intubation and administration of nebulized albuterol;

 

    (c) perform, during an emergency, those activities specified in subsection (b) before contacting the person licensed to practice medicine and surgery or authorized licensed professional nurse persons identified in subsection (b) when specifically authorized to perform such activities

by medical protocols; or

 

    (d) perform, during nonemergency transportation, those activities specified in this section when specifically authorized to perform such activities by medical protocols.

 

    Sec. 7. K.S.A. 1997 Supp. 65-6121 is hereby amended to read as follows: 65-6121. Notwithstanding any other provision of law to the contrary, an emergency medical technician may perform any of the following

activities:

 

    (a) Patient assessment and vital signs;

 

    (b) airway maintenance to include including the use of:

 

    (1) Oropharyngeal and nasopharyngeal airways;

 

    (2) esophageal obturator airways with or without gastric suction device; and

 

    (3) multi-lumen airway; and

 

    (3) (4) oxygen demand valves.

 

    (c) Oxygen therapy;

 

    (d) oropharyngeal suctioning;

 

    (e) cardiopulmonary resuscitation procedures;

 

    (f) control accessible bleeding;

 

    (g) application of apply pneumatic anti-shock garment;

 

    (h) management of manage outpatient medical emergencies;

 

    (i) extrication of patients and lifting and moving techniques extricate patients and utilize lifting and moving techniques;

 

    (j) management of manage musculoskeletal and soft tissue injuries to include including dressing and bandaging wounds or the splinting of fractures, dislocations, sprains or strains;

 

    (k) use of backboards to immobilize the spine;

 

    (l) administer syrup of ipecac, activated charcoal and glucose;

 

    (m) monitor peripheral intravenous line delivering intravenous fluids during interfacility transport with the following restrictions:

 

    (1) The physician approves the transfer by an emergency medical technician;

 

    (2) no medications or nutrients have been added to the intravenous fluids; and

 

    (3) the emergency medical technician may monitor, maintain and shut off the flow of intravenous fluid.;

 

    (n) use automated external defibrillators;

 

    (n) (o) perform, during nonemergency transportation, those activities specified in this section when specifically authorized to perform such activities by medical protocols; or

 

    (o) (p) when authorized by medical protocol, assist the patient in the administration of the following medications which have been prescribed for that patient: Auto-injection epinephrine, sublingual nitroglycerin and inhalers for asthma and emphysema.

 

    Sec. 8. K.S.A. 1997 Supp. 65-6123 is hereby amended to read as follows: 65-6123. Notwithstanding any other provision of law to the contrary, an emergency medical technician-defibrillator may:

 

    (a) May Perform any of the activities described by identified in K.S.A. 65-6121, and amendments thereto, which an emergency medical technician may perform;

 

    (b) when approved by medical protocols and where voice contact by radio or telephone is monitored by a person licensed to practice medicine and surgery or a licensed professional physician, physician's assistant

where authorized by a physician or licensed professional nurse, where authorized by a person licensed to practice medicine and surgery physician, and direct communication is maintained, upon order of such person or such nurse, may perform electrocardiographic monitoring and defibrillation;

 

    (c) perform, during an emergency, those activities specified in subsection (b) before contacting the person licensed to practice medicine and surgery or authorized licensed professional nurse persons identified in subsection (b) when specifically authorized to perform such activities by medical protocols; or

 

    (d) perform, during nonemergency transportation, those activities specified in this section when specifically authorized to perform such activities by medical protocols.

 

    Sec. 9. K.S.A. 1997 Supp. 65-6124 is hereby amended to read as follows: 65-6124. (a) No person licensed to practice medicine and surgery or registered professional physician, physician's assistant or licensed professional nurse, who gives emergency instructions to a mobile intensive care technician, emergency medical technician-defibrillator or emergency medical technician-intermediate during an emergency, shall be liable for any civil damages as a result of issuing the instructions, except such dam-

ages which may result from gross negligence in giving such instructions.

 

    (b) No mobile intensive care technician, emergency medical technician-defibrillator or emergency medical technician-intermediate who renders emergency care during an emergency pursuant to instructions given by a person licensed to practice medicine and surgery or a registered professional physician, the responsible physician for a physician's assis-

tant or licensed professional nurse shall be liable for civil damages as a

result of implementing such instructions, except such damages which may

result from gross negligence or by willful or wanton acts or omissions on

the part of such mobile intensive care technician, emergency medical

technician-defibrillator or emergency medical technician-intermediate

rendering such emergency care.

 

    (c) No first responder who renders emergency care during an emer-

gency shall be liable for civil damages as a result of rendering such emer-

gency care, except for such damages which may result from gross negli-

gence or from willful or wanton acts or omissions on the part of the first

reponder rendering such emergency care.

 

    (d) No person certified as an instructor-coordinator and no training

officer shall be liable for any civil damages which may result from such

instructor-coordinator's or training officer's course of instruction, except

such damages which may result from gross negligence or by willful or

wanton acts or omissions on the part of the instructor-coordinator or

training officer.

 

    (e) No medical adviser who reviews, approves and monitors the ac-

tivities of attendants shall be liable for any civil damages as a result of

such review, approval or monitoring, except such damages which may

result from gross negligence in such review, approval or monitoring.

 

    Sec. 10. K.S.A. 65-6127 is hereby amended to read as follows: 65-

6127. (a) Application for a permit to operate an ambulance service shall

be made to the emergency medical services board by the operator of the

ambulance service upon forms provided by the administrator and shall

be accompanied by a permit fee which shall be a base amount plus an

amount for each vehicle used by such operator in such operator's am-

bulance service and which shall be fixed by rules and regulations of the

board to cover all or any part of the cost of regulation of ambulance

services.

 

    (b) The application shall state the name of the operator, the names

of the attendants of such ambulance service, the primary territory for

which the permit is sought, the type of service offered, the location and

physical description of the facility whereby calls for service will be re-

ceived, the facility wherein vehicles are to be garaged, a description of

vehicles and other equipment to be used by the service and such other

information as the board may require.

 

    (c) Nothing in this act shall be construed as granting an exclusive

territorial right to operate an ambulance service. Upon change of own-

ership of an ambulance service the permit issued to such service shall

expire 60 days after the change of ownership.

 

    (d) The permit fee in effect immediately prior to the effective date

of this act shall continue in effect until the board adopts rules and regu-

lations fixing a different fee under subsection (a).

 

    Sec. 11. K.S.A. 1997 Supp. 65-6129 is hereby amended to read as

follows: 65-6129. (a) Application for an attendant's certificate shall be

made to the emergency medical services board upon forms provided by

the administrator. The board may grant an attendant's certificate to an

applicant who if the applicant meets the following requirements: (1) (A)

Has made application within one year after successfully completing the

appropriate course of instruction for the classification of attendant's cer-

tificate for which application has been made; (B) has passed an exami-

nation prescribed by the board; and (C) has paid a fee for the classification

of attendant's certificate for which application has been made as pre-

scribed by rules and regulations of the board; or (2) (A) is certified as a

nationally registered emergency medical technician paramedic; or (B) has

successfully completed a course of instruction or training accredited by

the American medical association committee on allied health education;

and (C) has passed an examination prescribed by the board; and (D) has

paid a fee for the classification of attendant's certificate for which appli-

cation has been made as prescribed by rules and regulations of the board.

 

    (1) (A) Has made application within one year from the date of the

last class of an appropriate course of instruction for the classification of

attendant's certificate for which application has been made; and

 

    (B) has completed successfully such course of instruction, passed an

examination prescribed by the board and paid a fee prescribed by the

board; or

 

    (2) has completed successfully a course of instruction or training ac-

credited by the joint review committee on accreditation of allied health

education programs, a program of instruction or training offered by the

armed forces of the United States or a program of instruction completed

in another state that is equivalent to a program approved by the board

for the class of attendant's certificate applied for, passed an examination

prescribed by the board and paid a fee prescribed by the board.

 

    (b) An attendant applying for an emergency medical technician's cer-

tificate shall have successfully completed successfully a course of training,

approved by the board, in preliminary emergency medical care. An at-

tendant applying for a mobile intensive care technician's certificate shall

have successfully completed successfully a course of training, approved

by the board, which shall include, but not be limited to, didactic and

clinical experience in a cardiac care unit hospital and in an emergency

vehicle unit. An attendant applying for an emergency medical technician-

intermediate certificate shall have been be certified as an emergency

medical technician and, after certification as an emergency medical tech-

nician, shall have successfully completed successfully a course of training,

approved by the board, which shall include training in veni-puncture for

blood sampling and administration of intravenous fluids and advanced

patient assessment. An attendant applying for an emergency medical

technician-defibrillator certificate shall have been be certified as an emer-

gency medical technician and, after certification as an emergency medical

technician, shall have completed successfully a training program approved

by the emergency medical services board. Any program of instruction or

training offered by the armed forces of the United States or in a jurisdic-

tion other than Kansas, which program is at least equivalent to the pro-

gram approved by the board for the class of attendant's certificate applied

for, shall be granted reciprocity by the board for purposes of satisfying

the requirements of subsection (a)(1)(A) of this section.

 

    (c) An attendant's certificate shall be valid through December 31 of

the year following the date of its initial issuance and may be renewed

thereafter for a period of one year for each renewal for a fee as prescribed

by rule and regulation of the board upon presentation of satisfactory proof

that the attendant has successfully completed continuing education in

emergency medical care as provided in this subsection. Attendants shall

complete not less than eight hours of continuing education as prescribed

and approved by the emergency medical services board for each full cal-

endar year that has elapsed since the certification or the last renewal

thereof. If a certificate is not renewed within 30 days after its expiration

such certificate shall be void.

 

    (d) The emergency medical services board may issue a temporary

certificate to any person who has not qualified for an attendant's certifi-

cate under paragraph (1) or (2) of subsection (a) when:

 

    (1) The operator for whom such person serves as an attendant re-

quests a temporary certificate for that person; and

 

    (2) such person meets or exceeds minimum training certain minimum

requirements prescribed by the board by rules and regulations.

 

    A temporary certificate shall be effective for one year from the date of

its issuance or until the person has qualified as an attendant under par-

agraph (1) or (2) of subsection (a), whichever comes first. A temporary

certificate shall not be renewed and shall be valid only while an attendant

works for the operator requesting the temporary certificate. A person

holding a temporary certificate as an emergency medical technician shall

not be eligible to apply for certification as an emergency medical techni-

cian-intermediate, emergency medical technician-defibrillator or a mobile

intensive care technician.

 

    (e) At least once each month all fees received pursuant to the pro-

visions of this section shall be remitted to the state treasurer. Upon receipt

of each such remittance, the state treasurer shall deposit the entire

amount thereof in the state treasury to the credit of the state general

fund.

 

    (f) If, within two years of the date of expiration of an attendant's

certificate, such person applies for renewal of the certificate, the board

may grant a certificate to such applicant without such applicant complet-

ing a course of instruction specified in subsection (b) if the applicant has

completed continuing education requirements and has paid a fee pre-

scribed by rules and regulations of the board.

 

    (f) If a person who was previously certified as an attendant applies

for an attendant's certificate within two years of the date of its expiration,

the board may grant a certificate without the person completing a course

of instruction or passing an examination if the person has completed con-

tinuing education requirements and has paid a fee prescribed by rules

and regulations.

 

    Sec. 12. K.S.A. 65-6129a is hereby amended to read as follows: 65-

6129a. (a) While engaged in a course of training or continuing education

approved by the emergency medical services board within a medical care

facility, a student or attendant engaged in such training or continuing

education shall be under the supervision of a person licensed to practice

medicine and surgery or a licensed professional physician or a profes-

sional nurse. While engaged in training or continuing education in emer-

gency or nonemergency transportation outside a medical care facility, a

student or attendant shall be under the direct supervision of an attendant

who is at the minimum certified to provide the level of care for which

the student is seeking certification or the attendant receiving the training

is certified or shall be under the direct supervision of a person licensed

to practice medicine and surgery or licensed professional physician or a

professional nurse.

 

    (b) Nothing in the provisions of article 61 of chapter 65 of the Kansas

Statutes Annotated or acts amendatory of the provisions thereof or sup-

plemental thereto shall be construed to preclude the provision of au-

thorized activities by students enrolled in an initial course of training or

continuing education a training program while engaged in such course

of training or continuing education program.

 

    Sec. 13. K.S.A. 65-6129b is hereby amended to read as follows: 65-

6129b. (a) Application for an instructor-coordinator's certificate shall be

made to the emergency medical services board upon forms provided by

the administrator. The board may grant an instructor-coordinator's cer-

tificate to an attendant who: (1) Has at least one year's experience as an

attendant served as an attendant in the emergency medical services field

during the preceding 12 months prior to applying for such certificate; (2)

has made application within one year after successfully completing the

training, approved by the board, in instructing and coordinating attendant

training programs; (3) has passed an examination prescribed by the board;

and (4) has paid a fee for the instructor-coordinator's certificate as pre-

scribed by rules and regulations of the board.

 

    (b) The board may grant an instructor-coordinator's certificate to a

person licensed to practice medicine and surgery or to a licensed profes-

sional physician or a professional nurse who: (1) Has made application

within one year after successfully completing the training, approved by

the board, in instructing and coordinating attendant training programs;

(2) has passed an examination prescribed by the board; and (3) has paid

a fee for the instructor-coordinator's certificate as prescribed by rules and

regulations of the board.

 

    (c) An instructor-coordinator's certificate shall be valid through De-

cember 31 of the year following the date of its initial issuance and may

be renewed thereafter for a period of one year for each renewal for a fee

as prescribed by rule and regulation of the board upon presentation of

satisfactory proof that the instructor-coordinator has successfully com-

pleted continuing education as provided in this subsection. Instructor-

coordinators shall complete not less than eight hours of continuing edu-

cation as prescribed and approved by the emergency medical services

board for each full calendar year that has elapsed since the certification

or the last renewal thereof. If a certificate is not renewed within 30 days

after its expiration such certificate shall be void.

 

    (d) At least once each month, all fees received pursuant to this section

shall be remitted to the state treasurer. Upon receipt of each such re-

mittance, the state treasurer shall deposit the entire amount thereof in

the state treasury to the credit of the state general fund.

 

    (e) If, within two years of the date of expiration of an instructor-

coordinator's certificate granted under subsection (a) or (b), such person

applies for renewal of the certificate, the board may grant a certificate to

such applicant without such applicant completing the training approved

by the board under subsection (a) or (b), as applicable, if the applicant

has completed continuing education requirements prescribed by the

board and has paid a fee prescribed by rules and regulations of the board.

 

    (e) If a person who was previously certified as an instructor-coordi-

nator applies for an instructor-coordinator certificate within two years of

the date of its expiration, the board may grant a certificate without the

person completing the training or passing an examination if the person

complies with the other provisions of subsection (a) or (b) and completes

continuing education requirements prescribed by the board.

 

    Sec. 14. K.S.A. 65-6133 is hereby amended to read as follows: 65-

6133. (a) An attendant's or instructor-coordinator's certificate may be de-

nied, revoked, limited, modified or suspended by the board or the board

may refuse to renew such certificate upon proof that such attendant or

instructor-coordinator individual:

 

    (1) Has been guilty of misrepresentation in obtaining the certificate

made intentional misrepresentations in obtaining a certificate or renewing

a certificate;

 

    (2) has engaged or attempted to engage in, or represented themselves

as entitled to perform, any service not authorized in the certificate per-

formed or attempted to perform activities not authorized by statute at the

level of certification held by the individual;

 

    (3) has demonstrated incompetence as defined by rules and regula-

tions adopted by the board or has shown themselves otherwise unable to

provide adequate service provided inadequate patient care as determined

by the board;

 

    (4) has violated or aided and abetted in the violation of any provision

of this act or the rules and regulations promulgated thereunder;

 

    (5) has been convicted of a felony and, after investigation by the

board, it is determined that such person has not been sufficiently reha-

bilitated to warrant the public trust a felony and, after investigation by

the board, it is determined that such person has not been sufficiently

rehabilitated to warrant the public trust;

 

    (6) has demonstrated habitual intemperance or is addicted to the use

of habit-forming drugs an inability to perform authorized activities with

reasonable skill and safety by reason of illness, alcoholism, excessive use

of drugs, controlled substances or any physical or mental condition; or

 

    (7) has engaged in unprofessional conduct, as defined by rules and

regulations adopted under this act by the board.

 

    (b) The board shall not may limit, modify, revoke or suspend any an

attendant's or instructor-coordinator's certificate pursuant to this section

without first conducting a hearing or the board may refuse to renew such

certificate in accordance with the provisions of the Kansas administrative

procedure act.

 

    Sec. 15. K.S.A. 65-6135 is hereby amended to read as follows: 65-

6135. (a) All ambulance services providing emergency care as defined by

the rules and regulations adopted by the board shall offer service 24 hours

per day every day of the year.

 

    (b) Whenever an operator is required to have a permit, at least one

person on each vehicle providing emergency medical service shall be an

attendant certified as an emergency medical technician, emergency med-

ical technician-intermediate, emergency medical technician-defibrillator

or, a mobile intensive care technician, a person licensed to practice med-

icine and surgery physician, a registered physician's assistant or a regis-

tered professional nurse.

 

    Sec. 16. K.S.A. 1997 Supp. 65-6144 is hereby amended to read as

follows: 65-6144. A first responder may perform any of the following

activities:

 

    (a) Initial scene management including, but not limited to, gaining

access to the individual in need of emergency care, extricating, lifting and

moving the individual;

 

    (b) cardiopulmonary resuscitation and airway management;

 

    (c) control of bleeding;

 

    (d) extremity splinting excluding traction splinting;

 

    (e) stabilization of the condition of the individual in need of emer-

gency care;

 

    (f) oxygen therapy;

 

    (g) use of oropharyngeal airways;

 

    (h) use of bag valve masks; and

 

    (i) use automated external defibrillators; and

 

    (i) (j) other techniques of preliminary care a first responder is trained

to provide as approved by the board.

 

    New Sec. 17. (a) Application for a training officer's certificate shall

be made to the emergency medical services board upon forms provided

by the administrator. The board may grant a training officer's certificate

to an applicant who: (1) Is an emergency medical technician, emergency

medical technician-intermediate, emergency medical technician-defibril-

lator, mobile intensive care technician, physician or professional nurse;

(2) successfully completes an initial course of training approved by the

board; (3) passes an examination prescribed by the board; (4) is appointed

by a provider of training approved by the board; and (5) has paid a fee

established by the board.

 

    (b) A training officer's certificate shall be valid through December 31

of the year following the date of its initial issuance and may be renewed

thereafter for a period of one year as prescribed by the board for a fee

as prescribed by rules and regulations upon presentation of satisfactory

proof that the training officer has successfully completed continuing ed-

ucation prescribed by the board and is certified as an emergency medical

technician, emergency medical technician-intermediate, emergency med-

ical technician-defibrillator, mobile-intensive care technician, physician

or professional nurse.

 

    (c) A training officer's certificate may be denied, revoked, limited,

modified or suspended or the board may refuse to renew such certificate

in accordance with the Kansas administrative procedures act upon any of

the following conditions: (1) Failure to maintain certification or licen-

sure as an emergency medical technician, emergency medical technician-

intermediate, emergency medical technician-defibrillator, mobile inten-

sive care technician, physician or professional nurse; (2) withdrawal of

appointment by a provider of training; or (3) failure to successfully com-

plete continuing education.

 

    (d) A training officer's certificate may be denied, revoked, limited,

modified or suspended by the board or the board may refuse to renew

such certificate upon proof that such individual:

 

    (1) Has made intentional misrepresentations in obtaining a certificate

or renewing a certificate;

 

    (2) has demonstrated incompetence or engaged in unprofessional

conduct as defined by rules and regulations adopted by the board;

 

    (3) has violated or aided and abetted in the violation of any provision

of this act or the rules and regulations promulgated by the board; or

 

    (4) has been convicted of any state or federal crime that is related

substantially to the qualifications, functions and duties of a training officer

or any crime punishable as a felony under any state or federal statute. A

conviction means a plea of guilty, a plea of nolo contendere or a verdict

of guilty. The board may take disciplinary action pursuant to this section

when the time for appeal has elapsed, or after the judgment of conviction

is affirmed on appeal or when an order granting probation is made sus-

pending the imposition of sentence.

 

    (e) If a person who previously was certified as a training officer ap-

plies for a training officer's certificate within two years of the date of its

expiration, the board may grant a certificate without the person com-

pleting an initial course of training or taking an examination if the person

complies with the other provisions of subsection (a) and completes con-

tinuing education requirements.

 

    New Sec. 18. (a) An automated external defibrillator may be used by

any qualified person.

 

    (b) Any qualified person who gratuitously and in good faith renders

emergency care or treatment by the use of or provision of an automated

external defibrillator shall not be held liable for any civil damages as a

result of such care or treatment or as a result of any act or failure to act

in providing or arranging further medical treatment where the person

acts as an ordinary reasonably prudent person would have acted under

the same or similar circumstances.

 

    (c) As used in this section, ``qualified person'' means a person who:

(1) Has completed a course in cardiopulmonary resuscitation or a basic

first aid course that includes cardiopulmonary resuscitation training and

(2) has completed a course of training in the use of automated external

defibrillators and (3) has demonstrated proficiency in the use of an au-

tomated external defibrillator.

 

    Sec. 19. K.S.A. 65-6102, 65-6127, 65-6129a, 65-6129b, 65-6133,

65-6135 and 65-6148 and K.S.A. 1997 Supp. 65-6110, 65-6111, 65-6112,

65-6119, 65-6120, 65-6121, 65-6123, 65-6124, 65-6129, 65-6144 and

65-6149 are hereby repealed.

 

    Sec. 20. This act shall take effect and be in force from and after its

publication in the statute book.

 

I hereby certifiy that the above Bill originated in the

Senate, and passed that body

 

__________________________________

 

Senate adopted

Conference Committe Report __________________________________

 

                                                                             __________________________________

 

                                                                                             President of the Senate.

 

                                                                             __________________________________

 

                                                                                             Secretary of the Senate.

 

Passed the House

as amended __________________________

 

House adopted

Conference Committee Report __________________________