(b) The position of the director of the bureau of emergency medical services appointed pursuant to K.S.A. 74-2127, and amendments thereto, is hereby abolished and all of the powers, duties and functions of the director of emergency medical services are transferred to and conferred and imposed upon the emergency medical services board or the administrator thereof as provided by this act. The director shall continue to carry out the duties of that position until an administrator is appointed and qualified pursuant to this act.
(c) The emergency medical services council established under K.S.A. 65-4316, and amendments thereto, is hereby abolished and all of the powers, duties and functions of the council are transferred to and conferred and imposed upon the emergency medical services board.
History: L. 1988, ch. 261, § 1; April 14.
(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) 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.
History: L. 1988, ch. 261, § 2; L. 1989, ch. 204, § 1; L. 1998, ch. 133, § 1; July 1.
History: L. 1988, ch. 261, § 3; April 14.
(b) Except as provided in this act, the administrator of the emergency medical services board appointed pursuant to K.S.A. 65-6103 shall be the successor in every way to the powers, duties and functions of the director of the bureau of emergency medical services established by K.S.A. 74-2127, and amendments thereto, in which the same were vested prior to the effective date of this act.
(c) Whenever the bureau of emergency medical services or emergency medical services council or words of like effect are referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the emergency medical services board established by K.S.A. 65-6102. Whenever the director of the bureau of emergency medical services or words of like effect are referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the emergency medical services board.
(d) All orders and directives of the emergency medical services council which relate to emergency medical services and which were adopted under K.S.A. 65-4314 to 65-4331, inclusive, and amendments thereto, in existence immediately prior to the effective date of this act shall continue to be effective and shall be deemed to be the orders or directives of the emergency medical services board, until revised, amended, repealed or nullified pursuant to law.
All rules and regulations of the emergency medical services council which relate to emergency medical services and which were adopted under K.S.A. 65-4314 to 65-4331, inclusive, and amendments thereto, in existence immediately prior to the effective date of this act shall continue to be effective and shall be deemed to be the rules and regulations of the emergency medical services board, until revised, amended, repealed or nullified pursuant to law.
History: L. 1988, ch. 261, § 4; April 14.
(b) The emergency medical services board shall succeed to all records which were used for or pertain to the performance of the powers, duties and functions transferred to the board pursuant to subsection (a). Any conflict as to the proper disposition of records arising under this section shall be resolved by the governor, whose decision shall be final.
(c) The board shall succeed to the unexpended balance of any fee fund money relating to the powers, duties and functions transferred to the board pursuant to subsection (a). Any conflict as to the proper disposition of such money shall be resolved by the governor, whose decision shall be final.
History: L. 1988, ch. 261, § 5; April 14.
History: L. 1988, ch. 261, § 6; April 14.
History: L. 1988, ch. 261, § 7; April 14.
History: L. 1988, ch. 261, § 8; April 14.
History: L. 1988, ch. 261, § 9; April 14.
(b) The provisions of this act shall not apply to rescue vehicles operated by a fire department.
History: L. 1988, ch. 261, § 10; L. 1990, ch. 235, § 1; L. 1993, ch. 71, § 1; L. 1998, ch. 133, § 2; July 1.
(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, attendants, 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 for certification of attendants, training officers and instructor-coordinators and prescribe examination fees by rules and regulations;
(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.
History: L. 1988, ch. 261, § 11; L. 1993, ch. 71, § 2; L. 1998, ch. 133, § 3; July 1.
(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, emergency medical technician, emergency medical technician-intermediate, emergency medical technician-defibrillator or a mobile intensive care technician 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 which includes the care and transportation of individuals by ambulance services and the performance of authorized emergency care by a physician, professional nurse, a licensed physician assistant or attendant.
(g) "Emergency medical technician" means a person who holds an emergency medical technician certificate issued pursuant to this act.
(h) "Emergency medical technician-defibrillator" means a person who holds an emergency medical technician defibrillator certificate issued pursuant to this act.
(i) "Emergency medical technician-intermediate" means a person who holds an emergency medical technician intermediate certificate issued pursuant to this act.
(j) "First responder" means a person who 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 a person who 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 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 a person who 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) "Physician assistant" means a person who is licensed under the physician assistant licensure act 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. 65-28a02 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.
History: L. 1988, ch. 261, § 12; L. 1990, ch. 235, § 2; L. 1991, ch. 203, § 1; L. 1993, ch. 71, § 3; L. 1994, ch. 154, § 1; L. 1998, ch. 133, § 4; L. 2000, ch. 162, § 23; L. 2001, ch. 31, § 4; July 1.
(b) The governing body of the municipality may make an annual tax levy of not to exceed three mills upon all of the taxable tangible property within such municipality for the establishment, operation and maintenance of an emergency medical service or ambulance service under this act and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto.
(c) No tax shall be levied under the provisions of subsection (b) until the governing body of the municipality adopts an ordinance or resolution authorizing the levy of such tax. Such ordinance or resolution shall be published once each week for three consecutive weeks in the official newspaper of the municipality. If within 60 days following the last publication of such ordinance or resolution, a petition in opposition to the levy of such tax, signed by a number of the qualified electors of such municipality equal to not less than 5% of the electors of such municipality who voted for the office of secretary of state at the last general election, is filed with the county election officer of the county in which such municipality is located, the question of whether the levy shall be made shall be submitted to the electors of the municipality at the next primary or general election within such municipality, or if such primary or general election does not take place within 60 days after the date the petition was filed, the question may be submitted at a special election called and held therefor. If no petition has been filed and the time prescribed for filing the petition expires prior to August 1 in any year, or if the petition was filed and a majority of the electors voting on the question of levying the tax vote in favor thereof at an election held prior to August 1 in any year, the governing body of the municipality may levy in that year and in each succeeding year in the amount specified in the ordinance or resolution, but not exceeding three mills. If no petition has been filed and the time prescribed for filing the petition expires after September 30 in any year, or if the petition was filed and a majority of the electors voting on the question of levying the tax vote in favor thereof at an election held after September 30 in any year, the governing body of the municipality may levy in the next succeeding year and in each succeeding year thereafter the amount specified in the ordinance or resolution, but not exceeding three mills.
(d) In the case of a county, the board of county commissioners shall not provide ambulance service under the provisions of this act in any part of the county which receives ambulance service, but the county shall reimburse any taxing district which on the effective date of this act provides ambulance services to such district with its proportionate share of the county general fund or special tax levy fund budgeted for ambulance services within the county. Such reimbursement shall be based on the amount that the assessed tangible taxable valuation of the taxing district bears to the total taxable tangible valuation of the county, but in no event shall such taxing district receive from the county more than the district's cost of furnishing such ambulance services. Any taxing district establishing ambulance service in any part of a county under the provisions of this act on or after the effective date of this act shall not be entitled to receive reimbursement pursuant to this subsection until a final order of the emergency medical services board ordering such reimbursement is issued following the furnishing of notice and an opportunity for a hearing to the interested parties. No order for reimbursement shall be issued unless the emergency medical service board finds that such establishment shall enhance or improve ambulance service provided to the residents of such taxing district as determined in accordance with criteria established by rules and regulations adopted by the board.
History: L. 1988, ch. 261, § 13; L. 1990, ch. 66, § 45; May 31.
History: L. 1988, ch. 261, § 14; April 14.
History: L. 1988, ch. 261, § 15; April 14.
(a) To acquire by gift, bequest, purchase or lease from public or private sources, and to plan, construct, operate and maintain the services, equipment and facilities which are incidental or necessary to the establishment, operation and maintenance of an emergency medical service or ambulance service;
(b) to enter into contracts including, but not limited to, the power to enter into contracts for the construction, operation, management, maintenance and supervision of emergency medical services or ambulance services with any person or governmental entity;
(c) to make application for and to receive any contributions, moneys or properties from the state or federal government or any agency thereof or from any other public or private source;
(d) to contract or otherwise agree to combine or coordinate its activities, facilities and personnel with those of any person or governmental entity for the purpose of furnishing the emergency medical services or ambulance services within or without the municipality;
(e) to establish and collect any charges to be made for emergency medical services or ambulance services within or without the municipality and to provide for an audit of the records of the emergency medical services operation or ambulance services; and
(f) to perform all other necessary and incidental functions necessary to accomplish the purposes of this act.
History: L. 1988, ch. 261, § 16; April 14.
History: L. 1988, ch. 261, § 17; April 14.
History: L. 1988, ch. 261, § 18; April 14.
(a) Perform all the authorized activities identified in K.S.A. 65-6121, and amendments thereto;
(b) perform cardiopulmonary resuscitation and defibrillation;
(c) when voice contact or a telemetered electrocardiogram is monitored by a physician, physician 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 may administer such medications or procedures as may be deemed necessary by a person identified in subsection (c);
(d) perform, during an emergency, those activities specified in subsection (c) before contacting 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.
History: L. 1988, ch. 261, § 19; L. 1991, ch. 203, § 2; L. 1994, ch. 154, § 2; L. 1998, ch. 133, § 5; L. 2004, ch. 117, § 10; July 1.
(a) Perform any of the activities identified by K.S.A. 65-6121, and amendments thereto;
(b) when approved by medical protocols and where voice contact by radio or telephone is monitored by a physician, physician assistant where authorized by a physician or licensed professional nurse where authorized by a physician, and direct communication is maintained, upon order of such person, 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 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.
History: L. 1988, ch. 261, § 20; L. 1991, ch. 203, § 3; L. 1994, ch. 154, § 3; L. 1998, ch. 133, § 6; L. 2004, ch. 117, § 11; July 1.
(a) Patient assessment and vital signs;
(b) airway maintenance including the use of:
(1) Oropharyngeal and nasopharyngeal airways;
(2) esophageal obturator airways with or without gastric suction device;
(3) multi-lumen airway; and
(4) oxygen demand valves.
(c) Oxygen therapy;
(d) oropharyngeal suctioning;
(e) cardiopulmonary resuscitation procedures;
(f) control accessible bleeding;
(g) apply pneumatic anti-shock garment;
(h) manage outpatient medical emergencies;
(i) extricate patients and utilize lifting and moving techniques;
(j) manage musculoskeletal and soft tissue injuries 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;
(o) administer epinephrine auto-injectors provided that:
(1) The emergency medical technician successfully completes a course of instruction approved by the board in the administration of epinephrine; and
(2) the emergency medical technician serves with an ambulance service or a first response organization that provides emergency medical services; and
(3) the emergency medical technician is acting pursuant to medical protocols;
(p) perform, during nonemergency transportation, those activities specified in this section when specifically authorized to perform such activities by medical protocols; or
(q) 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.
History: L. 1988, ch. 261, § 21; L. 1990, ch. 235, § 3; L. 1991, ch. 203, § 4; L. 1994, ch. 154, § 4; L. 1998, ch. 133, § 7; L. 2002, ch. 203, § 2; July 1.
History: L. 1988, ch. 261, § 22; L. 1991, ch. 203, § 5; Repealed, L. 2002, ch. 203, § 38; July 1.
(a) Perform any of the activities identified in K.S.A. 65-6121, and amendments thereto;
(b) when approved by medical protocols and where voice contact by radio or telephone is monitored by a physician, physician assistant where authorized by a physician or licensed professional nurse where authorized by a physician, and direct communication is maintained, upon order of such person, may perform electrocardiographic monitoring and defibrillation;
(c) perform, during an emergency, those activities specified in subsection (b) before contacting the 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.
History: L. 1988, ch. 261, § 23; L. 1991, ch. 203, § 6; L. 1994, ch. 154, § 5; L. 1998, ch. 133, § 8; L. 2004, ch. 117, § 12; July 1.
(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 physician, the responsible physician for a physician assistant 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 emergency shall be liable for civil damages as a result of rendering such emergency care, except for such damages which may result from gross negligence or from willful or wanton acts or omissions on the part of the first responder 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 activities 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.
History: L. 1988, ch. 261, § 24; L. 1989, ch. 205, § 1; L. 1993, ch. 71, § 4; L. 1998, ch. 133, § 9; L. 2004, ch. 117, § 13; July 1.
History: L. 1988, ch. 261, § 25; April 14.
History: L. 1988, ch. 261, § 26; L. 1990, ch. 235, § 4; July 1.
(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 received, 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 ownership of an ambulance service the permit issued to such service shall expire 60 days after the change of ownership.
History: L. 1988, ch. 261, § 27; L. 1998, ch. 133, § 10; July 1.
(b) A permit to operate an ambulance service shall be valid for a term fixed by the board not to exceed 18 months and may be renewed upon payment of a fee in the amount fixed by the board pursuant to K.S.A. 65-6127, and amendments thereto. The board may prorate to the nearest whole month the fee fixed under this subsection as necessary to implement the provisions of this subsection.
(c) All fees received pursuant to the provisions of this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
History: L. 1988, ch. 261, § 28; L. 2000, ch. 117, § 1; L. 2001, ch. 5, § 266; July 1.
(1) (A) Has made application within one year from the date of the last class of a course of instruction approved by the board 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 accredited by the commission 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) The board shall not grant an initial emergency medical technician-intermediate certificate, an initial emergency medical technician-defibrillator certificate or an initial mobile intensive care technician certificate unless the applicant for such an initial certificate is certified as an emergency medical technician.
(c) On and after January 1, 2001, an attendant's certificate shall expire on the date prescribed by the board. An attendant's certificate may be renewed for a period of two years upon payment of a fee as prescribed by rule and regulation of the board and upon presentation of satisfactory proof that the attendant has successfully completed continuing education as prescribed by the board. The board may prorate to the nearest whole month the fee fixed under this subsection as necessary to implement the provisions of this subsection.
(d) (1) The emergency medical services board may issue a temporary certificate to any person who has not qualified for an attendant's certificate under paragraph (1) or (2) of subsection (a) when:
(A) The operator for whom such person serves as an attendant requests a temporary certificate for that person; and
(B) such person meets or exceeds certain minimum requirements prescribed by the board by rules and regulations.
(2) 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 paragraph (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 technician-intermediate, emergency medical technician-defibrillator or a mobile intensive care technician.
(e) (1) Upon request by an operator to the board and upon approval by the board of such request, an applicant for certification may perform activities that are within the authorized activities of the certification level applied for, provided that the applicant:
(A) Has successfully completed the appropriate course of instruction for the level applied for;
(B) serves with the ambulance service identified in this subsection (e); and
(C) is practicing under the direct supervision of a physician, physician assistant, professional nurse or an attendant who is at or above the certification level for which the applicant has applied.
(2) The authority to perform activities under this subsection (e) shall terminate 120 days from the date of the last class or until the results of the first examination are received by the board, whichever comes first. Such authority to practice shall not be renewed and shall be valid only while the applicant serves with the ambulance service identified in this subsection (e).
(f) All fees received pursuant to the provisions of this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
(g) If a person who was previously certified as an attendant applies for an attendant's certificate within two years of the date of the certificate's expiration, the board may grant a certificate without the person completing a course of instruction or passing an examination if the person has completed continuing education requirements and has paid a fee prescribed by rules and regulations.
History: L. 1988, ch. 261, § 29; L. 1990, ch. 236, § 1; L. 1991, ch. 203, § 7; L. 1993, ch. 71, § 5; L. 1998, ch. 133, § 11; L. 2000, ch. 117, § 2; L. 2001, ch. 5, § 267; L. 2002, ch. 203, § 1; July 1.
(b) Nothing in the provisions of article 61 of chapter 65 of the Kansas Statutes Annotated or acts amendatory of the provisions thereof or supplemental thereto shall be construed to preclude the provision of authorized activities by students enrolled in a training program while engaged in such program.
History: L. 1991, ch. 203, § 8; L. 1998, ch. 133, § 12; July 1.
(b) The board may grant an instructor-coordinator's certificate to a 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 as prescribed by rules and regulations of the board.
(c) An instructor-coordinator's certificate shall expire on the expiration date of the attendant's certificate if the instructor-coordinator is an attendant or on the expiration date of the physician's or professional nurse's license if the instructor is a physician or professional nurse. An instructor-coordinator's certificate may be renewed for the same period as the attendant's certificate or the physician's or professional nurse's license upon payment of a fee as prescribed by rule and regulation of the board and upon presentation of satisfactory proof that the instructor-coordinator has successfully completed continuing education as prescribed by the board. The board may prorate to the nearest whole month the fee fixed under this subsection as necessary to implement the provisions of this subsection.
(d) An instructor-coordinator's certificate may be denied, revoked, limited, modified or suspended by the board or the board may refuse to renew such certificate if such individual:
(1) Does not hold an attendant's certificate or a physician's or professional nurse's license;
(2) has made misrepresentations intentionally in obtaining a certificate or renewing a certificate;
(3) has demonstrated incompetence or engaged in unprofessional conduct as defined by rules and regulations adopted by the board;
(4) has violated or aided and abetted in the violation of any provision of this act or rules and regulations adopted by the board; or
(5) has been convicted of any state or federal crime that is related substantially to the qualifications, functions and duties of an instructor-coordinator or any crime punishable as a felony under any state or federal statute, and the board determines that such individual has not been sufficiently rehabilitated to warrant the public trust. 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 suspending the imposition of sentence.
(e) The board may limit, modify, revoke or suspend a certificate or the board may refuse to renew such certificate in accordance with the provisions of the Kansas administrative procedure act.
(f) All fees received pursuant to this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
(g) If a person who was previously certified as an instructor-coordinator 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.
History: L. 1991, ch. 203, § 9; L. 1998, ch. 133, § 13; L. 2000, ch. 117, § 3; L. 2001, ch. 5, § 268; July 1.
(b) A training officer's certificate shall expire on the expiration date of the attendant's certificate if the training officer is an attendant or on the expiration date of the physician's or professional nurse's license if the training officer is a physician or professional nurse. A training officer's certificate may be renewed for the same period as the attendant's certificate or the physician's or professional nurse's license upon payment of a fee as prescribed by rules and regulations and upon presentation of satisfactory proof that the training officer has successfully completed continuing education prescribed by the board and is certified as an emergency medical technician, emergency medical technician-intermediate, emergency medical technician-defibrillator, mobile-intensive care technician, physician or professional nurse. The board may prorate to the nearest whole month the fee fixed under this subsection as necessary to implement the provisions of this subsection.
(c) 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 if such individual:
(1) Fails to maintain certification or licensure as an emergency medical technician, emergency medical technician-intermediate, emergency medical technician-defibrillator, mobile intensive care technician, physician or professional nurse;
(2) fails to maintain support of appointment by a provider of training;
(3) fails to successfully complete continuing education;
(4) has made intentional misrepresentations in obtaining a certificate or renewing a certificate;
(5) has demonstrated incompetence or engaged in unprofessional conduct as defined by rules and regulations adopted by the board;
(6) 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
(7) 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 and the board determines that such individual has not been sufficiently rehabilitated to warrant public trust. 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 suspending the imposition of sentence.
(d) The board may revoke, limit, modify or suspend a certificate or the board may refuse to renew such certificate in accordance with the provisions of the Kansas administrative procedure act.
(e) If a person who previously was certified as a training officer applies for a training officer's certificate within two years of the date of its expiration, the board may grant a certificate without the person completing an initial course of training or taking an examination if the person complies with the other provisions of subsection (a) and completes continuing education requirements.
History: L. 1998, ch. 133, § 17; L. 2000, ch. 117, § 4; July 1.
History: L. 1988, ch. 261, § 30; April 14.
History: L. 1988, ch. 261, § 31; April 14.
(1) Has been guilty of misrepresentation in obtaining the permit or in the operation of the ambulance service;
(2) has engaged or attempted to engage in, or represented themselves as entitled to perform, any ambulance service not authorized in the permit;
(3) has demonstrated incompetence as defined by rules and regulations adopted by the board or has shown themselves otherwise unable to provide adequate ambulance service;
(4) has failed to keep and maintain the records required by the provisions of this act, or the rules and regulations promulgated thereunder, or has failed to make reports when and as required;
(5) has knowingly operated faulty or unsafe equipment; or
(6) has violated or aided and abetted in the violation of any provision of this act or the rules and regulations promulgated thereunder.
(b) The board shall not limit, modify, revoke or suspend any operator's permit pursuant to this section without first conducting a hearing in accordance with the provisions of the administrative procedure act.
History: L. 1988, ch. 261, § 32; L. 1990, ch. 235, § 5; July 1.
(1) Has made intentional misrepresentations in obtaining a certificate or renewing a certificate;
(2) has performed 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 regulations adopted by the board or has 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 rehabilitated to warrant the public trust;
(6) has demonstrated 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 by the board.
(b) The board may limit, modify, revoke or suspend an attendant's or instructor-coordinator's certificate or the board may refuse to renew such certificate in accordance with the provisions of the Kansas administrative procedure act.
History: L. 1988, ch. 261, § 33; L. 1990, ch. 235, § 6; L. 1998, ch. 133, § 14; July 1.
Proceedings under this section may be initiated by the board or by any person filing written charges with the board. The board shall not limit nor restrict any permit pursuant to this section without first conducting a hearing in accordance with the provisions of the Kansas administrative procedure act.
History: L. 1988, ch. 261, § 34; April 14.
(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 medical technician-intermediate, emergency medical technician-defibrillator, a mobile intensive care technician, a physician, a licensed physician assistant or a professional nurse.
History: L. 1988, ch. 261, § 35; L. 1989, ch. 205, § 2; L. 1998, ch. 133, § 15; L. 2000, ch. 162, § 24; Feb. 1, 2001.
(1) To prevent the operation of a police emergency vehicle;
(2) to affect any statute or regulatory authority vested in the department of transportation concerning automotive equipment and safety requirements;
(3) to prohibit any privately owned vehicles and aircraft not ordinarily used in the ambulance service business from transporting persons who are sick, injured, wounded or otherwise incapacitated or helpless;
(4) to prevent any vehicle from being pressed into service as an ambulance when the operator determines an emergency exists and provides written notification to the board within 72 hours after the use of such vehicle; or
(5) to prohibit any ambulance lawfully operating under the laws of a state adjoining Kansas from providing emergency transportation of a patient from a municipality not otherwise served by an ambulance service located in Kansas to a location within or outside the state of Kansas when the governing body of such municipality declares a hardship. The governing body or board shall notify the board 30 days prior to the initiation of such out-of-state service.
(b) Ambulances owned and operated by an agency of the United States government shall be exempt from the provisions of this act.
(c) Any ambulance based outside of this state receiving a patient within the state for transportation to a location within this state or receiving a patient within this state for emergency transportation to a location outside this state shall comply with the provisions of this act except when such ambulance is rendering service in the case of a major catastrophe, such ambulance is making a prearranged hospital-to-hospital transfer or except as otherwise provided by rules and regulations adopted by the board.
History: L. 1988, ch. 261, § 36; L. 1990, ch. 235, § 7; July 1.
History: L. 1988, ch. 261, § 37; April 14.
History: L. 1988, ch. 261, § 38; April 14.
Any contract or agreement for the placement or operation of equipment with any ambulance service shall provide that the person, firm, corporation or municipality operating such ambulance service shall maintain such equipment in accordance with terms and conditions established by the board. The contracts, agreements or contracts for the placement of equipment in medical communication centers shall provide that such equipment shall only be used for the purpose of operating the emergency medical services communications system and that the board or the board's designated agent may inspect such equipment at any time. Ownership of any such equipment shall remain with the state and any contracts for the placement of such equipment may be withdrawn or canceled at any time, at the option of the board and the secretary of administration under K.S.A. 75-4709, and amendments thereto.
History: L. 1988, ch. 261, § 39; April 14.
History: L. 1988, ch. 261, § 40; April 14.
History: L. 1988, ch. 261, §§ 41 to 43; Repealed, L. 1993, ch. 71, § 8; July 1.
(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 emergency care;
(f) oxygen therapy;
(g) use of oropharyngeal airways;
(h) use of bag valve masks;
(i) use automated external defibrillators; and
(j) other techniques of preliminary care a first responder is trained to provide as approved by the board.
History: L. 1988, ch. 261, § 44; L. 1994, ch. 154, § 6; L. 1998, ch. 133, § 16; July 1.
(b) to preclude any person certified as an attendant from providing emergency medical services to persons requiring such services; or
(c) to preclude any individual who is not a certified first responder from providing assistance during an emergency so long as such individual does not represent oneself to be a certified first responder.
History: L. 1988, ch. 261, § 45; April 14.
History: L. 1988, ch. 261, § 46; L. 1990, ch. 235, § 9; Repealed, L. 1993, ch. 71, § 8; July 1.
History: L. 1988, ch. 261, § 47; Repealed, L. 1993, ch. 71, § 8; July 1.
History: L. 1988, ch. 226, § 1; L. 1988, ch. 253, § 2; Repealed, L. 1998, ch. 133, § 19; July 1.
History: L. 1988, ch. 226, § 2; L. 1988, ch. 253, § 3; L. 1990, ch. 235, § 10; L. 1993, ch. 71, § 6; L. 1994, ch. 154, § 7; Repealed, L. 1998, ch. 133, § 19; July 1.
(b) 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 of training that includes cardiopulmonary resuscitation training; (2) has completed a course of training in the use of automated external defibrillators; and (3) has demonstrated proficiency in the use of an automated external defibrillator.
(c) (1) 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.
(2) No person or entity which owns, leases, possesses or otherwise controls an automated external defibrillator and provides such automated external defibrillator to others for use shall be held liable for any civil damages as a result of such use where the person or entity which owns, leases, possesses or otherwise controls the automated external defibrillator has developed, implemented and follows guidelines to ensure proper maintenance and operation of the device and reasonably expects the automated external defibrillator to be used by a qualified person.
(3) No person licensed to practice medicine and surgery who pursuant to a prescription order authorizes the acquisition of an automated external defibrillator or participates in the development of usual and customary protocols for an automated external defibrillator by a person or entity which owns, leases, possesses or otherwise controls such automated external defibrillator and provides such automated external defibrillator for use by others shall be held liable for any civil damages as a result of such use.
(4) No person or entity which teaches or provides a training program for cardiopulmonary resuscitation that includes training in the use of automated external defibrillators shall be held liable for any civil damages as a result of such training or use if such person or entity has provided such training in a manner consistent with the usual and customary standards for the providing of such training.
(d) Pursuant to the provisions of this subsection, persons or entities which purchase or otherwise acquire an automated external defibrillator shall notify the emergency medical service which operates in the geographic area of the location of the automated external defibrillator. Persons or entities acquiring an automatic electronic defibrillator shall notify the emergency medical service providing local service on forms developed and provided by the emergency medical services board.
(e) The secretary of administration, in conjunction with the Kansas highway patrol, shall develop guidelines for the placement of automated external defibrillators in state owned or occupied facilities. The guidelines shall include, but not be limited to:
(1) Which state owned or occupied facilities should have automated external defibrillators readily available for use;
(2) recommendations for appropriate training courses in cardiopulmonary resuscitation and automated external defibrillators use;
(3) integration with existing emergency response plans;
(4) proper maintenance and testing of the devices;
(5) coordination with appropriate professionals in the oversight of training; and
(6) coordination with local emergency medical services regarding placement and conditions of use.
Nothing in this subsection shall be construed to require the state to purchase automated external defibrillators.
History: L. 1998, ch. 133, § 18; L. 2003, ch. 43, § 1; July 1.
(b) Any violation of subsection (a) shall constitute a class B misdemeanor.
History: L. 1990, ch. 235, § 8; July 1.
History: L. 1992, ch. 315, § 13; July 1.
(b) The provisions of this section shall expire on June 30, 2004.
History: L. 2002, ch. 147, § 1; May 23.
(b) Each operator of an ambulance service shall collect and report to the board emergency medical services information pursuant to rules and regulations adopted by the board. The board shall adopt rules and regulations which use the most efficient, least intrusive means for collecting emergency medical services information consistent with ensuring the quality, timeliness, completeness and confidentiality of the system.
History: L. 2006, ch. 161, § 1; July 1.
(1) No person can be identified in the information to be disclosed and the disclosure is for statistical purposes;
(2) all persons who are identifiable in the information to be disclosed consent in writing to its disclosure; or
(3) the disclosure is necessary, and only to the extent necessary, to protect the public health and does not identify specific persons, operators, as defined in K.S.A. 65-6112, and amendments thereto, or ambulance services.
(b) Except as provided in subsection (c), reports generated by the board utilizing emergency medical services information shall be available in accordance with K.S.A. 45-215 et seq., and amendments thereto.
(c) Notwithstanding subsection (b), individually identifiable health information shall be confidential and shall not be disclosed except that the board may disclose such information to individuals, organizations or governmental agencies engaged in research that benefits the public's health, safety or welfare if the board is satisfied that such information will remain confidential and adequately protected from disclosure. For purposes of this section, "individually identifiable health information" shall have the same meaning as in 45 C.F.R. § 160.103.
History: L. 2006, ch. 161, § 2; July 1.
History: L. 2006, ch. 161, § 3; July 1.
History: L. 2006, ch. 161, § 4; July 1.
History: L. 2007, ch. 140, § 14; Apr. 26.