Kansas Board of EMS Statutes


Statutes

65-6101  Bureau of emergency medical services, position of director and emergency medical services council abolished; powers, duties and functions transferred. 

65-6102  Emergency medical services board established; members, appointment; removal from or forfeiture of position; terms; meetings; compensation and expenses; approval of vouchers; temporary chairperson. NEW as of 7/1/2011! 

65-6103  Administrator of the emergency medical services board; duties and responsibilities; appointment of officers and employees. 

65-6104  Emergency medical services board and administrator successor to certain powers, duties and functions; orders and directives, rules and regulations continued.

65-6105  Emergency medical services board successor to certain powers, duties and functions of university of Kansas school of medicine; disposition of records and fee moneys; conflict resolved by governor. 

65-6106  Certain officers and employees transferred; civil service and retirement benefits preserved. 

65-6107  Conflict as to disposition of power, duty or function resolved by governor.

65-6108  Disposition of property and records and appropriations; conflict resolved by governor.

65-6109  Rights saved in legal actions and proceedings. 

65-6110  Rules and regulations; act not applicable to certain rescue vehicles. NEW as of 7/1/2011! 

65-6111  Powers and duties of emergency medical services board rules and regulations, temporary variances.

65-6112  Definitions. NEW as of 7/1/2011! 

65-6113  Establishment, operation and maintenance of emergency medical service; tax levies; protest petition, election; reimbursement of certain taxing districts by counties. 

65-6114  Establishment of emergency communication system by municipality; purpose.

65-6115  Continuation of certain existing services by municipality; tax levy; referendum. 

65-6116  Powers of governing board of municipality. 

65-6117  Standards for operation, facilities, equipment and qualification and training of personnel. 

65-6118  Ambulance service taxing district; creation; governing body; tax levy. 

65-6119  Mobile intensive care technicians; authorized activities.  NEW as of 7/1/2011!

65-6120  Emergency medical technician-intermediate; authorized activities.  NEW as of 7/1/2011!

65-6121  Emergency medical technician; authorized activities.  NEW as of 7/1/2011!

65-6122 

65-6123  Emergency medical technician-defibrillator; authorized activities.  NEW as of 7/1/2011!

65-6124  Limitations on liability.  NEW as of 7/1/2011!

65-6125  Unlawful to operate ambulance service without a permit. 

65-6126  Medical adviser.  NEW as of 7/1/2011!

65-6127  Permit to operate ambulance service; application; contents. 

65-6128 Same; qualifications of applicant; denial of application; notice; reapplication; renewal of permit; disposition of fees.

65-6129  Attendant's certificate; application; forms; requirements; temporary certificates; authorized activities of applicants for certification; disposition of fees; renewal of certificate; continuing education. NEW as of 7/1/2011!

65-6129a  Supervision of students or attendants during training and continuing education. 

65-6129b  Instructor-coordinator's certificate; application; requirements; disposition of fees; renewal of certificate. 

65-6129c  Training officer's certificate; application; requirements; renewal; denial, revocation, suspension.  NEW as of 7/1/2011!

65-6130  Inspections; subpoenas of records; maintenance of records; personnel.

65-6131  Municipalities; licensing and regulating ambulance services. 

65-6132  Denial, revocation, limitation, modification or suspension of operator's permit; hearing.  NEW as of 7/1/2011!

65-6133  Denial, revocation, limitation, modification or suspension of attendant's or instructor-coordinator's certificate; hearing.  NEW as of 7/1/2011!

65-6134  Temporary limitation or restriction of operator's permit; hearing. 

65-6135  Ambulance services; hours of operation; persons providing emergency care. NEW as of 7/1/2011!

65-6136  Scope of act. 

65-6137  Violations; misdemeanor. 

65-6138  Emergency medical services communications system; establishment; medical communications centers; purpose.

65-6139  Same; contracts with state agencies or political subdivisions; requirements; equipment to remain property of state. 

65-6140  Same; acceptance of moneys and acquisition of property. 

65-6141 to 65-6143

65-6144  Same; authorized activities.  NEW as of 7/1/2011!

65-6145  Same; limitations of act. 

65-6146 

65-6147 

65-6148 

65-6149

65-6149a Automated external defibrillator; use by qualified persons.

65-6150  Unlawful acts. 

65-6151  Emergency medical services operating fund.

65-6153Emergency medical services data collection system; information collected; rules and regulations.

65-6154 Same; confidentiality; exceptions; reports open records.

65-6155 Same; disclosure of information; liability.

65-6156 Act supplemental to article 61 of chapter 65 of Kansas Statutes Annotated.

 

 
 

 

 

Article 61.--EMERGENCY MEDICAL SERVICES

Attorney General's Opinions:

Powers and duties of emergency medical services board. 90-45.

Emergency medical services act; definitions; scope of act. 92-60.

Powers and duties of emergency medical services board. 92-95.

Powers and duties of emergency medical services board; delegation of power by legislature. 92-124.

 

65-6101  Bureau of emergency medical services, position of director and emergency medical services council abolished; powers, duties and functions transferred.  (a) The bureau of emergency medical services established pursuant to K.S.A. 74-2127, and amendments thereto, is hereby abolished and all of the powers, duties and functions of such bureau are transferred to and conferred and imposed upon the emergency medical services board established pursuant to K.S.A. 65-6102.  Except as provided by this act, all powers, duties and functions of the university of Kansas relating to emergency medical services are transferred to and conferred and imposed upon the emergency medical services board established pursuant to K.S.A. 65-6102.

(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.

Research and Practice Aids:

Health and Environment  7.

C.J.S. Health and Environment; 9 to 13, 54.

Attorney General's Opinions:

Permit to operate ambulance service; applicability to state institution operating ambulance service. 92-77.

 

65-6102  Emergency medical services board established; members, appointment; removal from or forfeiture of position; terms; meetings; compensation and expenses; approval of vouchers; temporary chairperson. (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 15 members to be appointed as follows:
(1)  Eleven members shall be appointed by the governor.  Of such members:
(A)  Three shall be physicians who are actively involved in emergency medical services;
(B)  two shall be county commissioners of counties making a levy or 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 hall 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 two additional physician members appointed by the governor on and after July 1, 2011, one shall be appointed for a term of three years and one shall be appointed for a term 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, 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  unavailable pending publication of 2011 Supplement to Kansas Statutes Annotated.

 

 

65-6103  Administrator of the emergency medical services board; duties and responsibilities; appointment of officers and employees.  The chief administrative officer of the emergency medical services board shall be the administrator of the emergency medical services board.  The emergency medical services board shall appoint the administrator.  The administrator shall be in the unclassified service under the Kansas civil service act and shall serve at the pleasure of the board.  The administrator shall administer the duties and responsibilities of the emergency medical services board as directed by the board.  The administrator shall appoint other officers and employees as may be necessary to carry out the functions of the emergency medical services board.  All such officers and employees shall be within the classified service under the Kansas civil service act.

History: L. 1988, ch. 261, 3; April 14.

 

65-6104  Emergency medical services board and administrator successor to certain powers, duties and functions; orders and directives, rules and regulations continued.  (a) Except as provided in this act, the emergency medical services board established by K.S.A. 65-6102 shall be the successor in every way to the powers, duties and functions 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.

(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.

 

65-6105  Emergency medical services board successor to certain powers, duties and functions of universityof Kansasschool of medicine; disposition of records and fee moneys; conflict resolved by governor.  (a) Except as provided by this act, the emergency medical services board established by K.S.A. 65-6102 shall be the successor to the powers, duties and functions of the University of Kansas school of medicine relating to (1) approval of emergency medical services training and (2) emergency medical training program approvals in which the same were vested prior to the effective date of this act.

(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.

 

65-6106  Certain officers and employees transferred; civil service and retirement benefits preserved.  Officers and employees who were engaged immediately prior to the effective date of this act in the performance of powers, duties and functions, which are transferred pursuant to the provisions of this act, and who, in the opinion of the emergency medical services board, are necessary to perform the powers, duties and functions of the board shall become officers and employees of the board.  Any such officer or employee shall retain all retirement benefits, including the right to retain active participation in the retirement system which the officer or employee belonged to on the effective date of this act, and all rights of civil service which had accrued to or vested in such officer or employee prior to the effective date of this act.  The service of each such officer and employee so transferred shall be deemed to have been continuous.  All transfers and any abolishment of personnel in the classified service under the Kansas civil service act shall be in accordance with civil service laws and any rules and regulations adopted thereunder.

History: L. 1988, ch. 261, 6; April 14.

Cross References to Related Sections:

Emergency telephone service, see 12-5301 et seq.

 

65-6107  Conflict as to disposition of power, duty or function resolved by governor.  Whenever any conflict arises as to the disposition of any power, duty or function as a result of any abolishment or transfer made by this act, such conflict shall be resolved by the governor, and the decision of the governor shall be final.

History: L. 1988, ch. 261, 7; April 14.

 

65-6108  Disposition of property and records and appropriations; conflict resolved by governor.  The emergency medical services board shall succeed to all property and records which were used for, or pertain to, the performance of the powers, duties and functions transferred to the board pursuant to K.S.A. 65-6101.  The unexpended balances of any appropriations for the bureau of emergency medical services, abolished by this act, shall be transferred to the emergency medical services board to be used by the board to carry out the powers, duties and functions transferred by this act.  Any conflict as to the proper disposition of property or records or the unexpended balance of any appropriation arising under this section shall be determined by the governor, and the decision of the governor shall be final.

History: L. 1988, ch. 261, 8; April 14.

 

65-6109  Rights saved in legal actions and proceedings.  No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against the bureau of emergency medical services abolished by this act, or by or against any officer or employee of such bureau in the official capacity of such officer or employee or in relation to the discharge of official duties of such officer or employee, shall abate by reason of the governmental reorganization effected under the provisions of this act.  The court may allow any such suit, action or other proceeding to be maintained by or against the successor of such state agency or any officer or employee affected.

History: L. 1988, ch. 261, 9; April 14.

 

65-6110  Rules and regulations; act not applicable to certain rescue vehicles.  (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, instructor-coordinators and training officers; (4)  requirements and fees for the licensure, temporary 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; (6)  requirements for a quality assurance and improvement program for ambulance services; and (7)  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.
(c)  Nothing in this act or in the provisions of article 61 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, shall authorize the board to specify the individuals who may or may not ride on a helicopter while used as an ambulance.

History unavailable pending publication of 2011 Supplement to Kansas Statutes Annotated.

 

65-6111  Powers and duties of emergency medical services board rules and regulations, temporary variances.   

(a)  The emergency medical services board shall:

  1.  Adopt any rules and regulations necessary to carry out the provisions of this act;
  2.  review and approve the allocation and expenditure of moneys appropriated for emergency medical services;
  3.  conduct hearings for all regulatory matters concerning ambulance services, attendants, instructor-coordinators, training officers and providers of training; 
  4. submit a budget to the legislature for the operation of the board;
  5.  develop a state plan for the delivery of emergency medical services;
  6.  enter into contracts as may be necessary to carry out the duties and functions of the board under this act;
  7.  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;
  8.  approve all training programs for attendants, instructor-coordinators and training officers and prescribe certification application fees by rules and regulations;
  9.  approve methods of examination for certification of attendants, training officers and instructor-coordinators and prescribe examination fees by rules and regulations;
  10. appoint a medical advisory council of not less than six members, including two board members, one of whom shall be a physician and not less than four other physicians who are active and knowledgeable in the field of emergency medical services who are not members of the board to advise and assist the board in medical standards and practices as determined by the board. The medical advisory council shall elect a chairperson from among its membership and shall meet upon the call of the chairperson; and
  11. 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.

(b)  The emergency medical services board may grant a temporary variance from
an identified rule or regulation when a literal application or enforcement of the rule or
regulation would result in serious hardship and the relief granted would not result in any
unreasonable risk to the public interest, safety or welfare.
History: L. 1988, ch. 261, § 11; L. 1993, ch. 71, § 2; L. 1988, ch. 133, § 3; L. 2008, ch. 47, § 1; L. 2010, ch. 119, § 1; January 15.


 

 

65-6112  Definitions.  As used in this act:

(a) "Administrator" means the executive director of the emergency medical services board.
(b) "Advanced emergency medical technician" means a person who holds an advanced emergency medical technician certificate issued pursuant to this act.
(c) "Advanced registered nurse practitioner" means an advanced registered nurse practitioner as defined in K.S.A. 65-1113, and amendments thereto.
(d) "Ambulance" means any privately or publicly owned motor vehicle, airplane or helicopter designed, constructed, prepared, staffed and equipped for use in transporting and providing emergency care for individuals who are ill or injured.
(e) "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.
(f) "Attendant" means a first responder, an emergency medical responder, emergency medical technician, emergency medical technician-intermediate, emergency medical technician-defibrillator, emergency medical technician-intermediate/defibrillator, advanced emergency medical technician, mobile intensive care technician or paramedic certified pursuant to this act.
(g) "Board" means the emergency medical services board established pursuant to K.S.A. 65-6102, and amendments thereto.
(h) "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, advanced registered nurse practitioner, professional nurse, a licensed physician assistant or attendant.
(i) "Emergency medical technician" means a person who holds an emergency medical technician certificate issued pursuant to this act.
(j) "Emergency medical technician-defibrillator" means a person who holds an emergency medical technician-defibrillator certificate issued pursuant to this act.
(k) "Emergency medical technician-intermediate" means a person who holds an emergency medical technician-intermediate certificate issued pursuant to this act.
(l) "Emergency medical technician-intermediate/defibrillator" means a person who holds an emergency medical technician-intermediate/defibrillator certificate issued pursuant to this act.
(m) "Emergency medical responder" means a person who holds an emergency medical responder certificate issued pursuant to this act.
(n) "First responder" means a person who holds a first responder certificate issued pursuant to this act.
(o) "Hospital" means a hospital as defined by K.S.A. 65-425, and amendments thereto.
(p) "Instructor-coordinator" means a person who is certified under this act to teach initial certification and continuing education classes.
(q) "Medical director" means a physician.
(r) "Medical protocols" mean written guidelines which authorize attendants to perform certain medical procedures prior to contacting a physician, physician assistant authorized by a physician, advanced registered nurse practitioner authorized by a physician or professional nurse authorized by a physician. The medical protocols shall be approved by a county medical society or the medical staff of a hospital to which the ambulance service primarily transports patients, or if neither of the above are able or available to approve the medical protocols, then the medical protocols shall be submitted to the medical advisory council for approval.
(s) "Mobile intensive care technician" means a person who holds a mobile intensive care technician certificate issued pursuant to this act.
(t) "Municipality" means any city, county, township, fire district or ambulance service district.
(u) "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.
(v) "Operator" means a person or municipality who has a permit to operate an ambulance service in the state of Kansas.

(w) "Paramedic" means a person who holds a paramedic certificate issued pursuant to this act.
(x) "Person" means an individual, a partnership, an association, a joint-stock company or a corporation.
(y) "Physician" means a person licensed by the state board of healing arts to practice medicine and surgery.
(z) "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.
(aa) "Professional nurse" means a licensed professional nurse as defined by K.S.A. 65-1113, and amendments thereto.
(bb) "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.
(cc) "Responsible physician" means responsible physician as such term is defined under K.S.A. 65-28a02, and amendments thereto.
(dd) "Training officer" means a person who is certified pursuant to this act to teach, coordinate or both, initial courses of instruction for first responder or emergency medical responders and continuing education as prescribed by the board.

 

History unavailable pending publication of 2011 Supplement to Kansas Statutes Annotated.        

 

 

65-6113  Establishment, operation and maintenance of emergency medical service; tax levies; protest petition, election; reimbursement of certain taxing districts by counties.  (a) The governing body of any municipality may establish, operate and maintain an emergency medical service or ambulance service as provided in this act as a municipal function and may contract with any person, other municipality or board of a county hospital for the purpose of furnishing emergency medical services or ambulance services within or without the boundaries of the municipality upon such terms and conditions and for such compensation as may be agreed upon which shall be payable from the general fund of such municipality or from a special fund for which a tax is levied under the provisions of this act.

(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 therefore.  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.

Source or prior law:  19-261, 19-262, 19-263, 19-263a, 19-263b, 19-3623b, 19-3632, 19-3633 through 19-3636, 19-3636a, 65-4302.

Attorney General's Opinions:

County emergency medical services. 88-96.

Ambulance service taxing district; creation; body; tax levy. 90-57.

Operation and maintenance of emergency medical services; tax levies; protest petition, election; reimbursement of certain taxing districts by counties. 91-107.

Operation and maintenance of emergency medical and ambulance services; public bid-letting. 93-31.

Ambulance services; county reimbursement of taxing districts providing such services. 96-24.

 

65-6114  Establishment of emergency communication system by municipality; purpose.  The governing body of any municipality may establish, operate and maintain a centralized emergency service communication system as a municipal function, within or without the boundaries of the municipality, for the purpose of furnishing those services required to establish, operate and maintain an emergency medical service or ambulance service, and such emergency communication system may include a county or city fire dispatch communication service for the purpose of providing a common communication network for all fire-fighting facilities, equipment and personnel.  Such emergency communication system may provide for coordinated communication between all law enforcement agencies, ambulances, ambulance services and dispatchers, emergency receiving centers, fire dispatcher services, fire departments, health care institutions, medical practitioners, motor vehicle repair and towing services, and such other persons and service agencies as may be required.

History: L. 1988, ch. 261, 14; April 14.

Source or prior law:  65-4303.

 

65-6115  Continuation of certain existing services by municipality; tax levy; referendum.  The governing body of any municipality is hereby authorized to continue, in accordance with the provisions of this act, operation of any emergency medical service or ambulance service or centralized emergency service communications system previously established, operated and maintained, or continue any contract with any person, other municipality or board of a county hospital for the furnishing of emergency medical services or ambulance service previously executed, pursuant to the authority of any statute repealed by this act.  Such governing body is hereby authorized to continue to levy under authority of this section any tax for the operation and maintenance of such services or contracts previously authorized and levied pursuant to any statute repealed by this act in any amount not exceeding the amount specified in the ordinance or resolution providing for the levy in such municipality under such repealed statute.  No increase in the amount of the tax previously authorized for the operation and maintenance of such services or contracts shall be levied until the governing body of such municipality adopts a new ordinance or resolution which authorizes such increase and is subject to referendum in accordance with the provisions of subsection (c) of K.S.A. 65-6113.

History: L. 1988, ch. 261, 15; April 14.

 

65-6116  Powers of governing board of municipality.  In addition to other powers set forth in this act, the governing body of any municipality operating an emergency medical service or ambulance service shall have the power:

(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.

Source or prior law:  19-261, 19-262, 19-263, 19-263a, 19-263b, 19-3623b, 19-3632 through 19-3636a, 65-4304.

 

65-6117  Standards for operation, facilities, equipment and qualification and training of personnel.  If the governing body of a municipality establishes an emergency medical service or ambulance service as provided in this act, it shall establish a minimum set of standards for the operation of such service, for its facilities and equipment, and for the qualifications and training of personnel.

History: L. 1988, ch. 261, 17; April 14.

Source or prior law:  19-262, 19-3636, 65-4305.

 

65-6118  Ambulance service taxing district; creation; governing body; tax levy.  Whenever the board of county commissioners of any county which is furnishing ambulance services within the county under the authority of this act shall determine that such service can best be provided by the creation of an ambulance service taxing district, such board shall by resolution create and establish such district and define the boundaries thereof.  The boundaries of such district shall include the territory receiving ambulance service provided by the county on the date of the adoption of the resolution creating such district.  The board of county commissioners shall be the governing body of the district and shall have the authority, powers and duties granted to boards of county commissioners under the authority of this act, except that all costs incurred by the governing body of the district in providing ambulance services in such district shall be paid from the proceeds of the tax levies of the district hereinafter authorized.  The provisions of this act shall govern the operation of ambulances providing services within districts established under the provisions of this section.  The governing body of each ambulance service taxing district is hereby authorized to levy an annual tax upon all taxable tangible property in such district in accordance with the provisions of K.S.A. 65-6113.  The county treasurer shall receive and have custody of all of the funds of the district and shall expend the same upon the order of the governing body of the district as provided by law.

History: L. 1988, ch. 261, 18; April 14.

Attorney General's Opinions:

Ambulance service taxing district; creation; body; tax levy. 90-57.

 

65-6119   Mobile intensive care technicians; authorized activities. 

(a) Notwithstanding any other provision of law, mobile intensive care technicians may:

(1) Perform all the authorized activities identified in K.S.A. 65-6120,
65-6121, 65-6123, 65-6144, and amendments thereto;
(2) When voice contact or a telemetered electrocardiogram is
monitored by a physician, physician assistant where authorized by a physician, an advanced practice registered nurse 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 (a)(2);
(3) Perform, during an emergency, those activities specified in
subsection (a)(2) before contacting a person identified in subsection (a)(2) when specifically authorized to perform such activities by medical protocols; and
(4) Perform, during nonemergency transportation, those activities
specified in this section when specifically authorized to perform such activities by medical protocols.

(b) An individual who holds a valid certificate as a mobile intensive care technician once meeting the continuing education requirements prescribed by the rules and regulations of the board, upon application for renewal, shall be deemed to hold a certificate as a paramedic under this act, and such individual shall not be required to file an original application as a paramedic for certification under this act.
(c) "Renewal" as used in subsection (b), refers to the first opportunity that a mobile intensive care technician has to apply for renewal of a certificate following the effective date of this act.
(d) Upon transition notwithstanding any other provision of law, a paramedic may:

(1) Perform all the authorized activities identified in K.S.A. 65-6120, 65-6121, 65-6144, and amendments thereto;
(2) when voice contact or a telemetered electrocardiogram is monitored by a physician, physician assistant where authorized by a physician or an advanced practice registered nurse 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 (d)(2);
(3) perform, during an emergency, those activities specified in subsection (d)(2) before contacting a person identified in subsection (d)(2) when specifically authorized to perform such activities by medical protocols; and
(4) perform, during nonemergency transportation, those activities specified in this section when specifically authorized to perform such activities by medical protocols.

 

History unavailable pending publication of 2011 Supplement to Kansas Statutes Annotated.

 

 

65-6120   Emergency medical technician-intermediate; advanced emergency medical technician; emergency medical technician-defibrillator; authorized activities.

(a) Notwithstanding any other provision of law to the contrary, an emergency medical technician-intermediate may:

(1) Perform any of the authorized activities identified in K.S.A. 65- 6121, and amendments thereto;
(2) when approved by medical protocols or where voice contact by radio or telephone is monitored by a physician, physician assistant where authorized by a physician, an advanced registered nurse practitioner 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;
(3) perform, during an emergency, those activities specified in subsection (a)(2) before contacting a person identified in subsection (a)(2) when specifically authorized to perform such activities by medical protocols; or
(4) perform, during nonemergency transportation, those activities specified in this section when specifically authorized to perform such activities by medical protocols.

(b) An individual who holds a valid certificate as an emergency medical technician-intermediate once successfully completing the board prescribed transition course, and validation of cognitive and psychomotor competency as determined by rules and regulations of the board, may apply to transition to become an advanced emergency medical technician. Alternatively, upon application for renewal, such individual shall be deemed to hold a certificate as an advanced emergency medical technician under this act, provided such individual has completed all continuing education hour requirements inclusive of the successful completion of a transition course and such individual shall not be required to file an original application for certification as an advanced emergency medical technician under this act.

(c) "Renewal" as used in subsection (b), refers to the first or second opportunity after December 31, 2011, that an emergency medical technician-intermediate has to apply for renewal of a certificate.

(d) Emergency medical technician-intermediates who fail to meet the transition requirements as specified may complete either the board prescribed emergency medical technician transition course or emergency medical responder transition course, provide validation of cognitive and psychomotor competency and all continuing education hour requirements inclusive of the successful completion of a transition course as determined by rules and regulations of the board. Upon completion, such emergency medical technician-intermediate may apply to transition to become an emergency medical technician or an emergency medical responder, depending on the transition course that was successfully completed. Alternatively, upon application for renewal of an emergency medical technician-intermediate certificate, the applicant shall be renewed as an emergency medical technician or an emergency medical responder, depending on the transition course that was successfully completed. Such individual shall not be required to file an original application for certification as an emergency medical technician or emergency medical responder.

(e) Failure to successfully complete either an advanced emergency medical technician transition course, an emergency medical technician transition course or emergency medical responder transition course will result in loss of certification.

(f) Upon transition, notwithstanding any other provision of law to the contrary, an advanced emergency medical technician may:

(1) Perform any of the activities identified by K.S.A. 65-6121, and amendments thereto; and
(2) perform any of the following interventions, by use of the devices, medications and equipment, or any combination thereof, as specifically identified in rules and regulations, after successfully completing an approved course of instruction, local specialized device training and competency validation and when authorized by medical protocols, or upon order when direct communication is maintained by radio, telephone or video conference with a physician, physician assistant where authorized by a physician, an advanced registered nurse practitioner where authorized by a physician, or licensed professional nurse where authorized by a physician upon order of such a person:

(A) Continuous positive airway pressure devices;
(B) advanced airway management;
(C) referral of patient of alternate medical care site based on assessment;
(D) transportation of a patient with a capped arterial line;
(E) veni-puncture for obtaining blood sample;
(F) initiation and maintenance of intravenous infusion of saline lock;
(G) initiation of intraosseous infusion;
(H) nebulized therapy;
(I) manual defibrillation and cardioversion;
(J) cardiac monitoring;
(K) electrocardiogram interpretation;
(L) administration of generic or trade name medications by one or more of the following methods:

(i) Aerosolization;
(ii) nebulization;
(iii) intravenous;
(iv) intranasal;
(v) rectal;
(vi) subcutaneous;
(vii) intraosseous;
(viii) intramuscular;
(ix) sublingual.

(g) An individual who holds a valid certificate as both an emergency medical technician-intermediate and as an emergency medical technician-defibrillator once successfully completing the board prescribed transition course, and validation of cognitive and psychomotor competency as determined by rules and regulations of the board, may apply to transition to an advanced emergency medical technician. Alternatively, upon application for renewal, such individual shall be deemed to hold a certificate as an advanced emergency medical technician under this act, provided such individual has completed all continuing education hour requirements inclusive of successful completion of a transition course, and such individual shall not be required to file an original application for certification as an advanced emergency medical technician under this act.

(h) "Renewal" as used in subsection (g), refers to the first or second opportunity after December 31, 2011, that an emergency medical technician-intermediate and emergency medical technician-defibrillator has to apply for renewal of a certificate.

(i) An individual who holds both an emergency medical technician-intermediate and an emergency medical technician-defibrillator certificate, who fails to meet the transition requirements as specified may complete either the board prescribed emergency medical technician transition course or emergency medical responder transition course, and provide validation of cognitive and psychomotor competency and all continuing education hour requirements inclusive of successful completion of a transition course as determined by rules and regulations of the board. Upon completion, such individual may apply to transition to become an emergency medical technician or emergency medical responder, depending on the transition course that was successfully completed. Alternatively, upon application for renewal of an emergency medical technician-intermediate certificate and an emergency medical technician-defibrillator certificate, the applicant shall be renewed as an emergency medical technician or an emergency medical responder, depending on the transition course that was successfully completed. Such individual shall not be required to file an original application for certification as an emergency medical technician or emergency medical responder.

(j) Failure to successfully complete either the advanced emergency medical technician transition requirements, an emergency medical technician transition course or the emergency medical responder transition course will result in loss of certification.

History unavailable pending publication of 2011 Supplement to Kansas Statutes Annotated.

 

 

65-6121  Emergency medical technician; authorized activities. 

(a) Notwithstanding any other provision of law to the contrary, an emergency medical technician may perform any of the following activities:

(1) Patient assessment and vital signs;
(2) Airway maintenance including the use of:

(A) Oropharyngeal and nasopharyngeal airways;
(B) Esophageal obturator airways with or without gastric suction device;
(C) Multi-lumen airway; and
(D) Oxygen demand valves.

(3) Oxygen therapy;
(4) oropharyngeal suctioning;
(5) cardiopulmonary resuscitation procedures;
(6) control accessible bleeding;
(7) apply pneumatic anti-shock garment;
(8) manage outpatient medical emergencies;
(9) extricate patients and utilize lifting and moving techniques;
(10) manage musculoskeletal and soft tissue injuries including dressing and bandaging wounds or the splinting of fractures, dislocations, sprains or strains;
(11) use of backboards to immobilize the spine;
(12) administer activated charcoal and glucose;
(13) monitor intravenous line delivering intravenous fluids during interfacility transport with the following restrictions:

(A) The physician approves the transfer by an emergency medical technician;
(B) No medications or nutrients have been added to the intravenous fluids; and
(C) The emergency medical technician may monitor, maintain and shut off the flow of intravenous fluid;

(14) use automated external defibrillators;
(15) administer epinephrine auto-injectors provided that:

(A) The emergency medical technician successfully completes a course of instruction approved by the board in the administration of epinephrine;
(B) The emergency medical technician serves with an ambulance service or a first response organization that provides emergency medical services; and
(C) The emergency medical technician is acting pursuant to medical protocols;

(16) perform during nonemergency transportation, those activities
specified in this section when specifically authorized to perform such activities by medical protocols; or
(17) when authorized by medical protocol, assist the patient in the administration of the following medication which have been prescribed for that patient: Auto-injection epinephrine, sublingual nitroglycerin and inhalers for asthma and emphysema.

(b) An individual who holds a valid certificate as an emergency medical technician at the current basic level once successfully completing the board prescribed transition course, and validation of cognitive and psychomotor competency as determined by rules and regulations of the board, may apply to transition to become an emergency medical technician. Alternatively, upon application for renewal, such individual shall be deemed to hold a certificate as an emergency medical technician under this act, provided such individual has completed all continuing education hour requirements inclusive of the successful completion of a transition course, and such individual shall not be required to file an original application for certification as an emergency medical technician.
(c) "Renewal" as used in subsection (b), refers to the first opportunity after December 31, 2011, that an emergency medical technician has to apply for renewal of a certificate.
(d) Emergency medical technicians who fail to meet the transition requirements as specified may complete the board prescribed emergency medical responder transition course, provide validation of cognitive and psychomotor competency and all continuing education hour requirements inclusive of the successful completion of a transition course as determined by rules and regulations of the board. Alternatively, upon application for renewal of an emergency medical technician certificate, the applicant shall be deemed to hold a certificate as an emergency medical responder under this act, and such individual shall not be required to file an original application for certification as an emergency medical responder.
(e) Failure to successfully complete either an emergency medical technician transition course or emergency medical responder transition course will result in loss of certification.
(f) Upon transition, notwithstanding any other provision of law to the contrary, an emergency medical technician may perform any activities identified in K.S.A. 65-6144, and amendments thereto, and any of the following interventions, by use of the devices, medications and equipment, or any combination thereof, after successfully completing and approved course of instruction, local specialized device training and competency validation and when authorized by medical protocols, or upon order when direct communication is maintained by radio, telephone or video conference is monitored by a physician, physician assistant when authorized by a physician, an advanced registered nurse practitioner when authorized by a physician or a licensed professional nurse when authorized by a physician, upon order of such person:

(1) Airway maintenance including use of:

(A) Single lumen airways as approve by the board
(B) multilumen airways;
(C) ventilator devices;
(D) forceps removal of airway obstruction;
(E) CO2 monitoring;
(F) airway suctioning;

(2) apply pneumatic anti-shock garment;
(3) assist with childbirth;
(4) monitoring urinary catheter;
(5) capillary blood sampling;
(6) cardiac monitoring:
(7) administration of patient assisted medications as approved by the board;
(8) administration of medications as approved by the board by appropriate routes; and
(9) monitor, maintain or discontinue flow of IV line if a physician approves transfer by an emergency medical technician.

History unavailable pending publication of 2011 Supplement to Kansas Statutes Annotated.

 

 

65-6122

History: L. 1988, ch. 261, 22; L. 1991, ch. 203, 5; Repealed, L. 2002, ch. 203, 38; July 1.

Source or prior law:  65-4306c.

 

65-6123   Emergency medical technician-defibrillator; advanced emergency medical technician; authorized activities.

(a) Notwithstanding any other provision of law to the contrary, an emergency medical technician-defibrillator may:

(1) Perform any of the authorized activities identified in K.S.A. 65- 6121, and amendments thereto;
(2) when approved by medical protocols or where voice contact by radio or telephone is monitored by a physician, physician assistant where authorized by a physician, an advanced registered nurse practitioner 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;
(3) perform, during an emergency, those activities specified in subsection (b) before contacting a person identified in subsection (b) when specifically authorized to perform such activities by medical protocols; or
(4) perform, during nonemergency transportation, those activities specified in this section when specifically authorized to perform such activities by medical protocols.

(b) An individual who holds a valid certificate as an emergency medical technician-defibrillator once successfully completing an emergency medical technician-intermediate, initial course of instruction and the board prescribed transition course, and validation of cognitive and psychomotor competency as determined by rules and regulations of the board, may apply to transition to become an advanced emergency medical technician. Alternatively, upon application for renewal, such individual shall be deemed to hold a certificate as an advanced emergency medical technician under this act, provided such individual has completed all continuing education hour requirements inclusive of the successful completion of a transition course and such individual shall not be required to file an original application for certification as an advanced emergency medical technician.
(c) "Renewal" as used in subsection (b), refers to the second opportunity after December 31, 2011, that an attendant has to apply for renewal of a certificate.
(d) Emergency medical technician-defibrillator attendants who fail to meet the transition requirements as specified may complete either the board prescribed emergency medical technician transition course or emergency medical responder transition course, provide validation of cognitive and psychomotor competency and all continuing education hour requirements inclusive of the successful completion of a transition course as determined by rules and regulations of the board. Upon completion, such emergency medical technician-defibrillator may apply to transition to become an emergency medical technician or an emergency medical responder, depending on the transition course that was successfully completed. Alternatively, upon application for renewal of an emergency medical technician-defibrillator certificate, the applicant shall be renewed as an emergency medical technician or an emergency medical responder, depending on the transition course that was successfully completed. Such individual shall not be required to file an original application for certification as an emergency medical technician or emergency medical responder.
(e) Failure to successfully complete either the advanced emergency medical technician transition course, an emergency medical technician transition course or emergency medical responder transition course will result in loss of certification.

History unavailable pending publication of 2011 Supplement to Kansas Statutes Annotated.

 

(a)  Notwithstanding any other provision of law to the contrary, an emergency medical technician-defibrillator may:

      (1)   Perform any of the activities identified in K.S.A. 65-6121, and amendments thereto;

      (2)   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, advanced registered nurse practitioner 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;

      (3)   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

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

(b)  An individual who holds a valid certificate as an emergency medical technician-defibrillator once completing the board prescribed transition course, and validation of cognitive and psychomotor competency as determined by rules and regulations of the board, upon application for renewal, shall be deemed to hold a certificate as an advanced emergency medical technician under this act, and such individual shall not be required to file an original application for certification as an advanced emergency medical technician under this act.
(c)   Renewal as used in subsection (b), refers to the second opportunity that an attendant has to apply for renewal of a certificate following the effective date of this act.
(d)  EMT-D attendants who fail to meet the transition requirements as specified will be required, at a minimum, to gain the continuing education applicable to emergency medical technician as defined by rules and regulations of the board.  Failure to do so will result in loss of certification.

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; L. 2010, ch. 119, § 6; January 15.

 

 

65-6124  Limitations on liability. 

(a) No physician, physician assistant, advanced registered nurse practitioner or licensed professional nurse, who gives emergency instructions to an attendant as defined by K.S.A. 65-6112, and amendments thereto, during an emergency, shall be liable for any civil damages as a result of issuing the instructions, except such damages which may result from gross negligence in giving such instructions.
(b) No attendant as defined by K.S.A. 65-6112, and amendments thereto, who renders emergency care during an emergency pursuant to instructions given by a physician, the responsible physician for a physician assistant, advanced registered nurse practitioner 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 attendant as defined by K.S.A. 65-6112, and amendments thereto.
(c) No person certified as an instructor-coordinator and not 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.
(d) No medical director 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 unavailable pending publication of 2011 Supplement to Kansas Statutes Annotated.         

 

 

65-6125  Unlawful to operate ambulance service without a permit.  It shall be unlawful for any person or municipality to operate an ambulance service within this state without obtaining a permit pursuant to this act.

History: L. 1988, ch. 261, 25; April 14.

Source or prior law:  65-4317.

Attorney General's Opinions:

Permit to operate ambulance service; applicability to state institution operating ambulance service. 92-77.

 

65-6126  Medical adviser. 

Each emergency medical service shall have a medical director appointed by the operator of the service to review and implement medical protocols, approve and monitor the activities and education of the attendants. The board may approve an alternative procedure for medical oversight if no medical director is available.

History unavailable pending publication of 2011 Supplement to Kansas Statutes Annotated.         

 

 

65-6127  Permit to operate ambulance service; application; contents.  (a) Application for a permit to operate an ambulance service shall be made to the 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 ambulance 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 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.

Source or prior law:  65-4318.

Research and Practice Aids:

Physicians and Surgeons  5(1).

C.J.S. Physicians, Surgeons, and Other Health-Care Providers 12, 13, 18.

 

65-6128  Same; qualifications of applicant; denial of application; notice; reapplication; renewal of permit; disposition of fees.  (a) A permit shall not be issued to an operator unless the board finds the ambulance service is or will be staffed and equipped in accordance with the rules and regulations promulgated by the board pursuant to K.S.A. 65-6110, and amendments thereto.  If the board determines that an applicant is not qualified, such applicant shall be notified of the denial of such application with a statement of the reasons for such denial.  The applicant may reapply upon submission of evidence that the disqualifying factor alleged by the board has been corrected.  No fee shall be required for the first reapplication made if it is submitted to the board within one year of the date of the denial of the application.

(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.

Source or prior law:  65-4319.

Attorney General's Opinions:

Emergency health services -ambulance services; personnel. 89-2.

 

65-6129     Attendant's certificate; application; requirements; temporary certificates; disposition of fees; renewal of certificate; violations, sanctions.  

(a) Application for an attendant's certificate shall be made to the board. The board shall not grant an attendant’s certificate unless the applicant meets the following requirements:
(1) (A)   Has successfully completed coursework required by the rules and regulations adopted by the board; or
(B)   has successfully completed coursework in another jurisdiction that is substantially equivalent to that required by the rules and regulations adopted by the board;
(2) (A)   has passed the examination required by the rules and regulations adopted by the board; or
(B)   has passed the certification or licensing examination in another jurisdiction that has been approved by the board.
(3)  has paid an application fee required by the rules and regulations adopted by the board. 

     
(b) (1)   The board shall not grant a temporary attendant's certificate unless the applicant meets the following requirements:
(A)   If the applicant is certified or licensed as an attendant in another jurisdiction, but the applicant's coursework is determined not to be substantially equivalent to that required by the board, such temporary certificate shall be valid for one year from the date of issuance or until the applicant has completed the required coursework, whichever occurs first; or
(B)   if the applicant has completed the required coursework, has taken the required examination, but has not received the results of the examination, such temporary certificate shall be valid for 120 days from the date of the examination.
(2)   An applicant who has been granted a temporary certificate shall be under the direct supervision of a physician, a physician's assistant, a professional nurse or an attendant holding a certificate at the same level or higher than that of the applicant.

(c)   The board shall not grant an initial emergency medical technician-intermediate certificate, advanced emergency medical technician certificate, mobile intensive care technician certificate or paramedic certificate as a result of successful course completion in the state of Kansas, unless the applicant for such an initial certificate is certified as an emergency medical technician.

 (d)   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.

 (e)   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 emergency medical services operating fund established by K.S.A. 65-6151, and amendments thereto.

 (f)   If a person who was previously certified as an attendant applies for an attendant's certificate after the certificate's expiration, the board may grant a certificate without the person completing an initial course of instruction or passing a certification examination if the person has completed education requirements and has paid a fee as specified in rules and regulations adopted by the board.

(g)   The board shall adopt, through rules and regulations, a formal list of graduated sanctions for violations of article 61 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto,
which shall specify the number and severity of violations for the imposition of each level of sanction.

 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; L. 2008, ch. 78, § 2; L. 2010, ch. 119, § 8; January 15; History unavailable pending publication of 2011 Supplement to Kansas Statutes Annotated.

 

 

65-6129a  Supervision of students or attendants during training and continuing education.  (a) While engaged in a course of training or continuing education approved by the board within a medical care facility, a student or attendant engaged in such training or continuing education shall be under the supervision of a physician or a professional nurse.  While engaged in training or continuing education in emergency 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 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 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.

 

65-6129b  Instructor-coordinator's certificate; application; requirements; disposition of fees; renewal of certificate.  (a) Application for an instructor-coordinator's certificate shall be made to the board upon forms provided by the administrator.  The board may grant an instructor-coordinator's certificate to an attendant who: (1) Has 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 as prescribed by rules and regulations of the board.

(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 attendants 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 nolocontendere 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.

 

65-6129c  Training officer’s certificate; application; requirements; renewal; denial, revocation, suspension. 

(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-defibrillator, mobile intensive care technician, advanced emergency medical technician, paramedic, physician, physician assistant, advanced practice registered nurse 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 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, physician assistant’s, advanced practice registered nurse’s  or professional nurse’s license if the training officer is a physician, physician assistant, advanced practice registered nurse or professional nurse.  A training officer’s certificate may be renewed for the same period as the attendant’s certificate or the physician’s, physician assistant’s, advanced practice registered nurse’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, advanced emergency medical technician, paramedic, physician, physician assistant, advanced practice registered nurse 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, advanced emergency medical technician, paramedic, physician, physician assistant, advanced practice registered nurse 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; L. 2010, ch. 119, § 9; January 15. History unavailable pending publication of 2011 Supplement to Kansas Statutes Annotated.

 

 

65-6130  Inspections; subpoenas of records; maintenance of records; personnel.  The board may inquire into the operation of ambulance services and the conduct of attendants, and may conduct periodic inspections of facilities, communications services, materials and equipment at any time without notice.  The board may issue subpoenas to compel an operator holding a permit to make access to or for the production of records regarding services performed and to furnish such other information as the board may require to carry out the provisions of this act to the same extent and subject to the same limitations as would apply if the subpoenas were issued or served in aid of a civil action in the district court.  A copy of such records shall be kept in the operator's files for a period of not less than three years.  The board also may require operators to submit lists of personnel employed and to notify the board of any changes in personnel or in ownership of the ambulance service.

History: L. 1988, ch. 261, 30; April 14.

Source or prior law:  65-4322.

 

65-6131  Municipalities; licensing and regulating ambulance services.  Nothing in this act shall be construed to preclude any municipality from licensing and regulating ambulance services located within its jurisdiction, but any licensing requirements or regulations imposed by a municipality shall be in addition to and not in lieu of the provisions of this act and the rules and regulations promulgated thereunder.

History: L. 1988, ch. 261, 31; April 14.

Source or prior law:  65-4323.

 

65-6132   Denial, revocation, limitation, modification or suspension of operator’s permit; hearing.  (a) An operator’s permit may be denied, revoked, limited, modified or suspended by the board upon proof that such operator or any agent or employee thereof:
(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 adopted by the board, 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 adopted by the board; or
(7)  has engaged in unprofessional conduct as defined by rules and regulations adopted by the board.
(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, July 1. History unavailable pending publication of 2011 Supplement to Kansas Statutes Annotated.

 

65-6133    Denial, revocation, limitation, modification or suspension of attendant’s or instructor-coordinator’s certificate; hearing.  (a) An attendant's, instructor-coordinator’s or 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 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 adopted by the board;
(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; or
(8)  has had a certificate, license or permit to practice emergency medical services as an attendant denied, revoked, limited or suspended or has been publicly or privately censured, by a licensing or other regulatory authority of another state, agency of the United States government, territory of the United States or other country or has had other disciplinary action taken against the applicant or holder of a permit, license or certificate by a licensing or other regulatory authority of another state, agency of the United States government, territory of the United States or other country.  A certified copy of the record or order of public or private censure, denial, suspension, limitation, revocation or other disciplinary action of the licensing or other regulatory authority of another state, agency of the United States government, territory of the United States of other country shall constitute prima facie evidence of such a fact for purposes of this paragraph..
(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. History unavailable pending publication of 2011 Supplement to Kansas Statutes Annotated.

 

65-6134  Temporary limitation or restriction of operator's permit; hearing.  An operator's permit may be temporarily limited or restricted by the board, pending a hearing, upon receipt of a complaint indicating the public health, safety or welfare to be in imminent danger.  If an inspection proves the complaint to be invalid, or that the cause therefore has been corrected, the limitation or restriction shall be terminated.

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.

Source or prior law:  65-4325.

 

65-6135    Ambulance services; hours of operation; persons providing emergency care. 

(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 medical technician-intermediate, emergency medical technician-defibrillator, a mobile intensive care technician, emergency medical technician-intermediate/defibrillator, advanced emergency medical technician, a paramedic, a physician, a licensed physician assistant, a licensed advanced practice registered nurse 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; L. 2010, ch. 119, § 10; January 15. History unavailable pending publication of 2011 Supplement to Kansas Statutes Annotated.

 

 

65-6136  Scope of act.  (a) Nothing in this act shall be construed:

(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.

Source or prior law:  65-4327.

Attorney General's Opinions:

Permit to operate ambulance service; applicability to state institution operating ambulance service. 92-77.

 

65-6137  Violations; misdemeanor.  Any person violating any provision of this act or any rule and regulation issued hereunder shall be deemed guilty of a class B misdemeanor.

History: L. 1988, ch. 261, 37; April 14.

Source or prior law:  65-4328.

 

65-6138  Emergency medical services communications system; establishment; medical communications centers; purpose.  In order to provide adequate emergency medical care for the people of this state, the emergency medical services board is hereby authorized to establish, maintain and operate an emergency medical services communications system, subject to approval by the secretary of administration under K.S.A. 75-4709, and amendments thereto.  The emergency medical services board shall establish communication centers, to be known as medical communications centers, in various locations in the state to be determined by the emergency medical services board, for the purposes of receiving requests for emergency medical assistance and for coordinating the activities of ambulances with medical care facilities and other emergency public safety agencies.  Subject to approval by the secretary of administration under K.S.A. 75-4709, and amendments thereto, the emergency medical services board may provide mobile radio units to ambulance services, as hereinafter provided, which will provide such ambulance services with direct communication to or from medical communication centers established for such purpose.

History: L. 1988, ch. 261, 38; April 14.

Source or prior law:  65-4329.

Attorney General's Opinions:

Cities and municipalities; emergency telephone services; cost distribution. 92-98.

 

65-6139  Same; contracts with state agencies or political subdivisions; requirements; equipment to remain property of state.  For the purpose of establishing, operating and maintaining the emergency medical services communications system, the board may enter into contracts with any state agency, and any such agency is authorized to contract for such purpose with the board.  The board also may enter into contracts or other agreements with any city, county, township, fire district or hospital district, or any person, firm or corporation for the establishment of an emergency medical services communications system or the establishment or operation of any part thereof including placement, operation and maintenance of equipment.  In accordance with the authority of the secretary of administration under K.S.A. 75-4709, and amendments thereto, all contracts entered into by the board under this section shall be subject to approval by the secretary of administration.

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.

Source or prior law:  65-4330.

 

65-6140  Same; acceptance of moneys and acquisition of property.  For the purposes of establishing, operating and maintaining an emergency medical services communications system, the emergency medical services board may accept any grant of money or property, including any federal moneys available therefore.  Within the limits of appropriations available therefore and subject to approval by the secretary of administration under K.S.A. 75-4709, and amendments thereto, the emergency medical services board may acquire, in the name of the state, any equipment necessary for such communications system.

History: L. 1988, ch. 261, 40; April 14.

Source or prior law:  65-4331.

 

65-6141 to 65-6143

History: L. 1988, ch. 261, 41 to 43; Repealed, L. 1993, ch. 71, 8; July 1.

Source or prior law:  65-4341 to 65-4343.

 

65-6144   First responder; emergency medical responder; authorized activities. 

(a)  A first responder may perform any of the following activities:

(1) Initial scene management including, but not limited to, gaining access to the individual in need of emergency care, extricating, lifting and moving the individual;
(2) cardiopulmonary resuscitation and airway management;
(3) control of bleeding;
(4) extremity splinting excluding traction splinting;
(5) stabilization of the condition of the individual in need of emergency care;
(6) oxygen therapy;
(7) use of oropharyngeal airways;
(8) use of bag valve masks;
(9) use automated external defibrillators; and
(10) other techniques of preliminary care a first responder is trained to provide as approved by the board.

(b)  An individual who holds a valid certificate as a first responder, once completing the board prescribed transition course, and validation of cognitive and psychomotor competency as determined by rules and regulations of the board, may apply to transition to become an emergency medical responder.  Alternatively, upon application for renewal of such certificate, such individual shall be deemed to hold a certificate as an emergency medical responder under this act, provided such individual has completed all continuing education hour requirements inclusive of a transition course and such individual shall not be required to file an original application for certification as an emergency medical responder.
(c)  “Renewal” as used in subsection (b), refers to the first opportunity after December 31, 2011, that an attendant has to apply for renewal of a certificate.
(d)  First responder attendants who fail to meet the transition requirements as specified will forfeit their certification.
(e)  Upon transition, notwithstanding any other provision of law to the contrary, an emergency medical responder may perform any of the following interventions, by use of the devices, medications and equipment, or any combination thereof, after successfully completing an approved course of instruction, local specialized device training and competency validation and when authorized by medical protocols, upon order when direct communication is maintained by radio, telephone or video conference is monitored by a physician, physician assistant when authorized by a physician, an advanced registered nurse practitioner when authorized by a physician or a licensed professional nurse when authorized by a physician, upon order of such person:

(1) Emergency vehicle operations;
(2) initial scene management;
(3) patient assessment and stabilization;
(4) cardiopulmonary resuscitation and airway management;
(5) control of bleeding;
(6) extremity splinting;
(7) spinal immobilization;
(8) oxygen therapy;
(9) use of bag-valve-mask;
(10) use of automated external defibrillator;
(11) nebulizer therapy;
(12) intramuscular injections with auto-injector;
(13) administration of oral glucose;
(14) administration of aspirin;
(15) recognize and comply with advanced directives;
(16) insertion and maintenance of oral and nasal pharyngeal airways;
(17) use of blood glucose monitoring; and
(18) other techniques and devices of preliminary care an emergency medical 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; L. 2010, ch. 119, § 11; January 15. History unavailable pending publication of 2011 Supplement to Kansas Statutes Annotated.

 

 

65-6145  Same; limitations of act.  Nothing in this act shall be construed:

(a) To preclude any municipality from licensing or otherwise regulating first responders operating within its jurisdiction, but any licensing requirements or regulations imposed by a municipality shall be in addition to and not in lieu of the provisions of this act and the rules and regulations adopted pursuant to this act;

(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 attendant as defined by K.S.A. 65-6112, and amendments thereto, from providing assistance during an emergency so long as such individual does not represent oneself to be an attendant as defined by K.S.A. 65-6112, and amendments thereto.

History: L. 1988, ch. 261, § 45; L. 2010, ch. 119, § 12; January 15.

 

 

65-6146

History: L. 1988, ch. 261, 46; L. 1990, ch. 235, 9; Repealed, L. 1993, ch. 71, 8; July 1.

Source or prior law:  65-4346.

 

65-6147

History: L. 1988, ch. 261, 47; Repealed, L. 1993, ch. 71, 8; July 1.

Source or prior law:  65-4348.

 

65-6148

History: L. 1988, ch. 226, 1; L. 1988, ch. 253, 2; Repealed, L. 1998, ch. 133, 19; July 1.

 

65-6149

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.

 

65-6149a  Automated external defibrillator; use by qualified persons.  (a) An automated external defibrillator may be used by any qualified person.

(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 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 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 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 external 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.


65-6150  Unlawful acts.  (a) It shall be unlawful for any individual to represent oneself as an attendant or instructor-coordinator unless such individual holds a valid certificate as such under this act.

(b) Any violation of subsection (a) shall constitute a class B misdemeanor.

History: L. 1990, ch. 235, 8; July 1.

 

65-6151  Emergency medical services operating fund.  There is hereby created in the state treasury an emergency medical services operating fund.  Expenditures from the emergency medical services operating fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairperson of the emergency medical services board or by a person or persons designated by such chairperson.

History: L. 1992, ch. 315, 13; July 1.

 

65-6153.   Emergency medical services data collection system; information collected; rules and regulations. (a) Within the limits of appropriations therefor, the board of emergency medical services shall develop and maintain a statewide data collection system to collect and analyze emergency medical services information, including, but not limited to, dispatch, demographics, patient data, assessment, treatment, disposition, financial and any other pertinent information that will assist the board in improving the quality of emergency medical services.
(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.

65-6154.   Same; confidentiality; exceptions; reports open records. (a) Any emergency medical services information provided to the board shall be confidential and shall not be disclosed or made public, upon subpoena or otherwise, except such information may be disclosed if:
(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.

65-6155.   Same; disclosure of information; liability. Any operator who reports emergency medical services information, in good faith, and in accordance with the requirements of this act and the rules and regulations prescribed by the board, shall have immunity from any liability, civil or criminal, which might otherwise be incurred or imposed in an action resulting from such information. Nothing in this section shall be construed to apply to the unauthorized disclosure of confidential information when such disclosure is due to gross negligence or willful misconduct.
History:   L. 2006, ch. 161, § 3; July 1.

65-6156.   Act supplemental to article 61 of chapter 65 of Kansas Statutes Annotated. K.S.A. 2007 Supp. 65-6153 through 65-6155, and amendments thereto, shall be part of and supplemental to the provisions of article 61 of chapter 65 of the Kansas Statutes Annotated and acts amendatory of the provisions thereof or supplemental thereto.

      History:   L. 2006, ch. 161, § 4; July 1.