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; member appointment; removal from or forfeiture of position; terms; meetings; compensation and expenses; approval of vouchers; temporary chairperson. 

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.

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

65-6111a   Powers and duties of emergency medical services board; rules and regulations, temporary variances. [See Revisor's Note]

65-6112  Definitions.

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, Paramedic; authorized activities. 

65-6120  Emergency medical technician-intermediate, Advanced emergency medical technician; authorized activities.  UPDATED as of 7/1/2016!

65-6121  Emergency medical technician; authorized activities.  UPDATED as of 7/1/2016!

65-6122 

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

65-6124  Limitations on liability. 

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

65-6126  Medical Director.

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.

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. UPDATED as of 7/1/2016! 

65-6129c  Training officer's certificate; application; requirements; renewal; denial, revocation, suspension.  UPDATED as of 7/1/2016!

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. 

65-6133  Denial, revocation, limitation, modification or suspension of attendant's or instructor-coordinator's certificate; hearing.  UPDATED as of 7/1/2016!

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

65-6135  Ambulance services; hours of operation; persons providing emergency care. UPDATED as of 7/1/2016!

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.  UPDATED as of 7/1/2016!

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.

65-6158 Interstate compact for recognition of emergency personnel licensure. NEW as of 07/01/2017!

 

 
 

 

 

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 for ambulance service, at least one of whom shall be from a county having a population of less than 15, 000;
(C)  one shall be an instructor-coordinator;
(D)  one shall be a hospital administrator actively involved in emergency medical services;
(E)  one shall be a member of a firefighting unit which provides emergency medical service; and
(F)  three shall be attendants who are actively involved in emergency medical service.  At least two classifications of attendants shall be represented.  At least one of such members shall be from a volunteer emergency medical service; and
(2)  four members 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)  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 executive director of the emergency medical services board or of any seven members of the board.  At the first meeting of the board after January 1 each year, the members shall elect a chairperson and a vice-chairperson who shall serve for a term of one year.  The vice-chairperson shall exercise all of the powers of the chairperson in the absence of the chairperson. If a vacancy occurs in the office of the chairperson or vice-chairperson, the board shall fill such vacancy by election of one of its members to serve the unexpired term of such office.  Members of the board attending meetings of the board or attending a subcommittee meeting thereof authorized by the board shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto.
(e)  Except as otherwise provided by law, all vouchers for expenditures and all payrolls of the emergency medical services board shall be approved by the emergency medical services board or a person designated by the board.

 History: L. 1988, ch. 261, 2; L. 1989, ch. 204, 1; L. 1998, ch. 133, 1; L. 2011, ch. 114, 80; L. 2016, ch. 35, 1; July 1.

   

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: L. 1988, ch. 261, 10; L. 1990, ch. 235, 1; L. 1993, ch. 71, 1; L. 1998, ch. 133, 2; L. 2011, ch. 114, 81; July 1..

 

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 executive director;
      (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 one board member who shall be a physician
      and not less than five 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.

(c)  (1) In addition to or in lieu of any other administrative, civil or criminal remedy
      provided by law, the board, in accordance with the Kansas administrative procedure act,
      upon the finding of a violation of a provision of this act or the provisions of article 61 of
       chapter 65 of the Kansas Statutes Annotated, and amendments thereto, or rules and regulations
       adopted pursuant to such provisions:
            (A) May impose a fine on any person granted a certificate by the board in an amount not to exceed $500 for each violation; or
            (B) may impose a fine on an ambulance service which holds a permit to operate in this state or on a sponsoring organization in an
            amount not to exceed $2,500 for each violation.
      (2) All fines assessed and collected under 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.

(d)   (1) In connection with any investigation by the board, the board or its duly authorized agents or employees
      shall at all reasonable times have access to, for the purpose of examination and the right to copy any document,
      report, record or other physical evidence of any person being investigated, or any document, report, record or other
      evidence maintained by and in possession of any clinic, laboratory, pharmacy, medical care facility or other public
      or private agency, if such document, report, record or evidence relates to professional competence, unprofessional conduct
      or the mental or physical ability of the person to perform activities the person is authorized to perform.
      (2) For the purpose of all investigations and proceedings conducted by the board:
            (A) The board may issue subpoenas compelling the attendance and testimony of witnesses or the production for examination
            or copying of documents or any other physical evidence if such evidence relates to professional competence, unprofessional
            conduct or the mental or physical ability of a person being investigated to perform activities the person is authorized
            to perform. Within five days after the service of the subpoena on any person requiring the production of any evidence in the
            person's possession or under the person's control, such person may petition the board to revoke, limit or modify the subpoena.
            The board shall revoke, limit or modify such subpoena if in its opinion the evidence required does not relate to practices
             which may be grounds for disciplinary action, is not relevant to the charge which is the subject matter of the proceeding or
            investigation, or does not describe with sufficient particularity the physical evidence which is required to be produced. Any
            member of the board, or any agent designated by the board, may administer oaths or affirmations, examine witnesses and
            receive such evidence.
            (B) Any person appearing before the board shall have the right to be represented by counsel.
            (C) The district court, upon application by the board or by the person subpoenaed, shall have jurisdiction to issue an order:
                  (i) Requiring such person to appear before the board or the board's duly authorized agent to produce evidence relating to the
                   matter under investigation; or
                  (ii) revoking, limiting or modifying the subpoena if in the court's opinion the evidence demanded does not relate to practices
                  which may be grounds for disciplinary action, is not relevant to the charge which is the subject matter of the hearing or
                  investigation or does not describe with sufficient particularity the evidence which is required to be produced.
      (3) Disclosure or use of any such information received by the board or of any record containing such information, for any
      purpose other than that provided by this subsection is a class A misdemeanor and shall constitute grounds for removal from
       office, termination of employment or denial, revocation or suspension of any certificate or permit issued under article 61 of
      chapter 65 of the Kansas Statutes Annotated, and amendments thereto. Nothing in this subsection shall be construed to make
      unlawful the disclosure of any such information by the board in a hearing held pursuant to this act.
      (4) Patient records, including clinical records, medical reports, laboratory statements and reports, files, films, other reports or
      oral statements relating to diagnostic findings or treatment of patients, information from which a patient or a patient's family
      might be identified peer review or risk management records or information received and records kept by the board as a result of the
      investigation procedure outlined in this subsection shall be confidential and shall not be disclosed.
      (5) Nothing in this subsection or any other provision of law making communications between a physician and the physician's patient a
      privileged communication shall apply to investigations or proceedings conducted pursuant to this subsection. The board and its
      employees, agents and representatives shall keep in confidence the names of any patients whose records are reviewed during the
      course of investigations and proceeding pursuant to this subsection.
(e) The emergency medical services board shall prepare an annual report on or before January 15 of each year on the number, amount and reasons for the fines imposed by the board and the number of and reasons for subpoenas issued by the board during the previous calendar year. The report shall be provided to the senate committee on federal and state affairs and the house committee on federal and state affairs.

History: L. 1988, ch. 261, § 11; L. 1993, ch. 71, § 2; L. 1998, ch. 133, § 3; L. 2008, ch. 47, § 1; L. 2010, ch. 119, § 1; L. 2016, ch. 79, § 1; July 1.


 

 

65-6111a  Powers and duties of emergency medical services board; rules and regulations, temporary variances. [See Revisor's Note]  

(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
       sponsoring organizations
      (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 executive director;
      (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 one board member who shall be a physician
      and not less than five 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 sponsoring organizations 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. 1998, ch. 133, § 3; L. 2008, ch. 47, § 1; L. 2010, ch. 119, § 1; L. 2016, ch. 35, § 2; July 1.



Revisor's Note: Section was amended twice in the 2016 session, see also 65-6111.

 

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 Practice registered nurse" means an advanced practice registered nurse 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 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 practice registered nurse, 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 or coordinate both 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 practice registered nurse 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) "Municipality" means any city, county, township, fire district or ambulance service district.
(t) "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.
(u) "Operator" means a person or municipality who has a permit to operate an ambulance service in the state of Kansas.

(v) "Paramedic" means a person who holds a paramedic certificate issued pursuant to this act.
(w) "Person" means an individual, a partnership, an association, a joint-stock company or a corporation.
(x) "Physician" means a person licensed by the state board of healing arts to practice medicine and surgery.
(y) "Physician assistant" means a physician assistant as defined in K.S.A. 65-28a02 and amendments thereto.
(z) "Professional nurse" means a licensed professional nurse as defined by K.S.A. 65-1113, and amendments thereto.
(aa) "Sponsoring organization" means any professional association, accredited postsecondary educational institution, ambulance service which holds a permit to operate in this state, fire department, other officially organized public safety agency, hospital, corporation, governmental entity or emergency medical services regional council, as approved by the executive director, to offer initial courses of instruction or continuing education programs.
(bb) "Training officer" means a person who is certified pursuant to this act to teach; or coordinate continuing education as prescribed by the board.

History: L. 1988, ch. 261, § 12; L. 1990, ch. 235, § 2; L. 1991, ch. 203, § 1; L. 1993, ch. 71, § 3; L. 1994, ch. 154, § 1; L. 1998, ch. 133, § 4; L. 2000, ch. 162, § 23; L. 2001, ch. 31, § 4; L. 2008, ch. 78, § 1; L. 2010, ch. 119, § 2; L. 2011, ch. 114, § 82; L. 2011, ch. 114, § 59; L. 2014, ch. 131, § 51; L. 2016, ch. 35, § 3; July 1.

 

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, Paramedic; 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: L. 1988, ch. 261, § 19; L. 1991, ch. 203, § 2; L. 1994, ch. 154, § 2; L. 1998, ch. 133, § 5; L. 2004, ch. 117, § 10; L. 2010, ch. 119, § 3; L. 2011, ch. 114, § 60; Jan. 1, 2012.

 

 

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(a), 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, advanced practice registered nurse where authorized by a physician, or 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 practice registered nurse where authorized by a physician, or professional nurse where authorized by a physician upon order of such a person:

(A) advanced airway management;
(B) referral of patient of alternate medical care site based on assessment;
(C) transportation of a patient with a capped arterial line;
(D) veni-puncture for obtaining blood sample;
(E) initiation and maintenance of intravenous infusion of saline lock;
(F) initiation of intraosseous infusion;
(G) nebulized therapy;
(H) manual defibrillation;
(I) cardiac monitoring;
(J) electrocardiogram interpretation;
(K) monitoring of a nasogastric tube;
(L) administration of medications by methods as specified by rules and regulations of the board

(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 certificate 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: L. 1988, ch. 261, § 20; L. 1991, ch. 203, § 3; L. 1994, ch. 154, § 3; L. 1998, ch. 133, § 6; L. 2004, ch. 117, § 11; L. 2010, ch. 119, § 4; L. 2011, ch. 114, § 83; L. 2011, ch. 114, § 61; L. 2016, ch. 35, § 4; July 1.

 

 

65-6121  Emergency medical technician; authorized activities. 

(a) 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 practice registered nurse when authorized by a physician or a professional nurse when authorized by a physician, upon order of such person:

(1) Airway maintenance including the use of:

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

(2)monitoring urinary catheter;
(3) capillary blood sampling;
(4) administration of patient assisted medications as approved by the board;
(5) administration of medications as approved by the board by appropriate routes;
(6) monitor, maintain or discontinue flow of IV line if a physician approves transfer by an emergency medical technician; and;
(7) application of a traction splint.

History: L. 1988, ch. 261, § 21; L. 1990, ch. 235, § 3; L. 1991, ch. 203, § 4; L. 1994, ch. 154, § 4; L. 1998, ch. 133, § 7; L. 2002, ch. 203, § 2; L. 2010, ch. 119, § 5; L. 2011, ch. 114, § 84; L. 2011, ch. 114, § 62; L. 2016, ch. 35, § 5; July 1.

 

 

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:   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 supervising physician for a physician assistant, advanced practice registered nurse 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 no training officer shall be liable for any civil damages which may result from such instructor-coordinator's or training officer's course of instruction, except such damages which may result from gross negligence or by willful or wanton acts or omissions on the part of the instructor-coordinator or training officer.
(d) No medical advisor who reviews, approves and monitors the activities of attendants shall be liable for any civil damages as a result of such review, approval or monitoring, except such damages which may result from gross negligence in such review, approval or monitoring.

 

History:   L. 1988, ch. 261, § 24; L. 1989, ch. 205, § 1; L. 1993, ch. 71, § 4; L. 1998, ch. 133, § 9; L. 2004, ch. 117, § 13; L. 2010, ch. 119, § 7; L. 2011, ch. 114, § 86; L. 2011, ch. 114, § 64; L. 2014, ch. 131, § 52; July 1, 2015.

 

 

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 Director. 

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:   L. 1988, ch. 261, § 26; L. 1990, ch. 235, § 4; L. 2011, ch. 114, § 87; July 1.

 

 

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; emergency medical services operating fund; renewal of certificate; violations, sanctions.  

(a)    (1) 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:
            (A)  (i) Has successfully completed coursework required by the rules and regulations adopted by the board;
                  (ii) has successfully completed coursework in another jurisdiction that is substantially equivalent to that required by the rules and
                   regulations adopted by the board; or
                  (iii) has provided evidence that such applicant holds a current and active certification with the national registry of emergency
                   medical technicians, completed emergency medical technician training as a member of the army, navy, marine corps, air force,
                   air or army national guard, coast guard or any branch of the military reserves of the United States that is substantially equivalent
                  to that required by the rules and regulations adopted by the board, and such applicant separated from such military service with
                   an honorable discharge;
            (B) (i) has passed the examination required by the rules and regulations adopted by the board; or
                  (ii) has passed the certification or licensing examination in another jurisdiction that has been approved by the board; and
            (C) has paid an application fee 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
      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; L. 2011, ch. 114, § 88; L. 2013, ch. 95, § 4; L. 2014, ch. 131, § 53; July 1, 2015.

 

 

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 ofcertificate.
  (a) Application for an instructor-coordinator's certificate shall be made to the board upon forms provided by the executive director.  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 theinstructor-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 andregulations adopted by the board;
      (4) has violated or aided and abetted in the violation of any provision of this act or rules andregulations 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 afelony 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 ofconviction 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 acertificate or the board may refuse to renew such certificate in accordance with the provisions of the Kansas administrativeprocedure act.
(f) All fees received pursuant to this section shall beremitted 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 aninstructor-coordinator applies for an instructor-coordinator certificate within two years of the date of its expiration, the board may grant a certificatewithout the person completing the training or passing an examination if the person complies with the other provisions of subsection (a) or (b) andcompletes 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; L. 2016, ch. 35, § 6; 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 attendant certified pursuant to K.S.A. 65-6119, 65-6120 and 65-6121, and amendments thereto, 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 2016 Supplement to Kansas Statutes Annotated.

 

 

65-6130  Inspections; subpoenas of records; maintenance of records; personnel.  (a) 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.
(b) The board may issue subpoenas in accordance with the provisions of K.S.A. 65-6111(d), and amendments thereto, 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. .
(c) 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; L. 2016, ch. 79, § 2; July 1

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, § 5; L. 2011, ch. 114, § 89; July 1.

65-6133    Denial, revocation, limitation, modification or suspension of certificates.  (a)An attendant’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;
      (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 or other country shall constitute prima facie evidence of such a fact for purposes
      of this paragraph.
(b) The board may deny, limit, modify, revoke or suspend an attendant’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; L. 2011, ch. 114, § 90; L. 2016, ch. 35, § 8; July 1.

 

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, thelimitation 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 firstconducting 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 pursuant to K.S.A. 65-6119, 65-6120, or 65-6121 and amendments thereto, a physician, a physician assistant, an 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; L. 2011, ch. 114, § 66; L. 2016, ch. 35, § 9; July 1.

   

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 thegoverning body of such municipality declares a hardship.  The governing body or board shall notify the board 30
      days prior to the initiation of suchout-of-state service.
(b) Ambulances owned and operated by an agency of the United States government shall be exempt from theprovisions of this act.
(c) Any ambulance based outside of this state receiving apatient 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 executive chief information technology officer 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 executive chief information technology officer 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; L. 2013, ch. 62, § 4; July 1.

  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 executive chief information technology officer 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 executive chief information technology officer.

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 executive chief information technology officer under K.S.A. 75-4709, and amendments thereto.

History: L. 1988, ch. 261, § 39; L. 2013, ch. 62, § 5; July 1.

 

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 executive chief information technology officer 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; L. 2013, ch. 62, § 6; July 1.

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)  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, 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 practice registered nurse when authorized by a physician or a 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) cardiac arrest management through the use of cardiopulmonary resuscitation and the use of an automated external
       defibrillator;
      (5) airway management and oxygen therapy;
      (6) utilization of equipment for the purposes of acquiring an EKG rhythm strip;
      (7) control of bleeding;
      (8) extremity splinting ;
      (9) spinal immobilization;
      (10) nebulizer therapy;
      (11) intramuscular injections with auto-injector;
      (12) administration of medications as approved by the board by appropriate routes;
      (13) recognize and comply with advanced directives;
      (14) use of blood glucose monitoring;
      (15) assist with childbirth;
      (16) non-invasive monitoring of hemoglobin derivatives; and
      (17) 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; L. 2011, ch. 114, § 91; L. 2011, ch. 114, § 67; L. 2016, ch. 35, § 10; July 1.

65-6145  Emergency medical services; 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, 2011.

 

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 and possession, immunity from liability; notice of acquisition of unit; placement of units in state facilities.  
(a)  (1) Any person who 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.
      (3) No person licensed to practice medicine and surgery who pursuant to a prescription order authorizes the acquisition of an
      automated external defibrillator or participates in the development of usual and customary protocols for an automated external
      defibrillator by a person or entity which owns, leases, possesses or otherwise controls such automated external defibrillator and
      provides such automated external defibrillator for use by others shall be held liable for any civil damages as a result of such use.
      (4) No person or entity which teaches or provides a training program for cardiopulmonary resuscitation that includes training in the use
      of automated external defibrillators shall be held liable for any civil damages as a result of such training or use if such person or entity
      has provided such training in a manner consistent with the usual and customary standards for the providing of such training.
(b) Pursuant to the provisions of this subsection, persons or entities which purchase or otherwise acquire an automated external defibrillator shall notify the emergency medical service which operates in the geographic area of the location of the automated external defibrillator. Persons or entities acquiring an automatic electronic defibrillator shall notify the emergency medical service providing local service on forms developed and provided by the emergency medical services board.
(c) The secretary of administration, in conjunction with the Kansas highway patrol, shall develop guidelines for the placement of automated external defibrillators in state owned or occupied facilities. The guidelines shall include, but not be limited to:
      (1) Which state owned or occupied facilities should have automated external defibrillators readily available for use;
      (2) recommendations for appropriate training courses in cardiopulmonary resuscitation and automated external defibrillators use;
      (3) integration with existing emergency response plans;
      (4) proper maintenance and testing of the devices;
      (5) coordination with appropriate professionals in the oversight of training; and
      (6) coordination with local emergency medical services regarding placement and conditions of use.

Nothing in this subsection shall be construed to require the state to purchase automated external defibrillators.

History: L. 1998, ch. 133, § 18; L. 2003, ch. 43, § 1; L. 2009, ch. 96, § 1; July 1.

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.


65-6158.   Interstate compact for recognition of emergency personnel licensure. This act may be cited as the interstate compact for recognition of emergency medical personnel licensure.

THE INTERSTATE COMPACT FOR RECOGNITION OF

EMERGENCY PERSONNEL LICENSURE

ARTICLE 1

PURPOSE

      In order to protect the public through verification of competency and ensure accountability for patient care related activities, all states license emergency medical services (EMS) personnel, such as emergency medical technicians (EMTs), advanced EMTs and paramedics. This compact is intended to facilitate the day-to-day movement of EMS personnel across state boundaries in the performance of their EMS duties as assigned by an appropriate authority and authorize state EMS offices to afford immediate legal recognition to EMS personnel licensed in a member state. This compact recognizes that states have a vested interest in protecting the public's health and safety through their licensing and regulation of EMS personnel and that such state regulation shared among the member states will best protect public health and safety. This compact is designed to achieve the following purposes and objectives:

(a) Increase public access to EMS personnel;
(b) enhance the states' ability to protect the public's health and safety, especially patient safety;
(c) encourage the cooperation of member states in the areas of EMS personnel licensure and regulation;
(d) support licensing of military members who are separating from an active duty tour and their spouses;
(e) facilitate the exchange of information between member states regarding EMS personnel licensure, adverse action and significant investigatory information;
(f) promote compliance with the laws governing EMS personnel practice in each member state; and
(g) Invest all member states with the authority to hold EMS personnel accountable through the mutual recognition of member state licenses.

ARTICLE 2

DEFINITIONS

In this compact:
(a) "Advanced Emergency Medical Technician (AEMT)" means: An individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model.
(b) "Adverse Action" means: Any administrative, civil, equitable or criminal action permitted by a state's laws which may be imposed against licensed EMS personnel by a state EMS authority or state court, including, but not limited to, actions against an individual's license such as revocation, suspension, probation, consent agreement, monitoring or other limitation or encumbrance on the individual's practice, letters of reprimand or admonition, fines, criminal convictions and state court judgments enforcing adverse actions by the state EMS authority.
(c) "Alternative program" means: A voluntary, non-disciplinary substance abuse recovery program approved by a state EMS authority.
(d) "Certification" means: The successful verification of entry-level cognitive and psychomotor competency using a reliable, validated and legally defensible examination.
(e) "Commission" means: The national administrative body of which all states that have enacted the compact are members.
(f) "Emergency Medical Technician (EMT)" means: An individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model.
(g) "Home State" means: A member state where an individual is licensed to practice emergency medical services.
(h) "License" means: The authorization by a state for an individual to practice as an EMT, AEMT, paramedic, or a level between EMT and paramedic.
(i) "Medical Director" means: A physician licensed in a member state who is accountable for the care delivered by EMS personnel.
(j) "Member State" means: A state that has enacted this compact.
(k) "Privilege to Practice" means: An individual's authority to deliver emergency medical services in remote states as authorized under this compact.
(l) "Paramedic" means: An individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model.
(m) "Remote State" means: A member state in which an individual is not licensed.
(n) "Restricted" means: The outcome of an adverse action that limits a license or the privilege to practice.
(o) "Rule" means: A written statement by the interstate commission promulgated pursuant to article 12 of this compact that is of general applicability; implements, interprets or prescribes a policy or provision of the compact; or is an organizational, procedural or practice requirement of the commission and has the force and effect of statutory law in a member state and includes the amendment, repeal or suspension of an existing rule.
(p) "Scope of Practice" means: Defined parameters of various duties or services that may be provided by an individual with specific credentials. Whether regulated by rule, statute or court decision, it tends to represent the limits of services an individual may perform.
(q) "Significant Investigatory Information" means:
      (1) Investigative information that a state EMS authority, after a preliminary inquiry that includes notification and an opportunity to
       respond if required by state law, has reason to believe, if proved true, would result in the imposition of an adverse action on a
       license or privilege to practice; or
      (2) investigative information that indicates that the individual represents an immediate threat to public health and safety, regardless
       of whether the individual has been notified and had an opportunity to respond.
(r) "State" means: Any state, commonwealth, district or territory of the United States.
(s) "State EMS authority" means: The board, office or other agency with the legislative mandate to license EMS personnel.

ARTICLE 3

HOME STATE LICENSURE


(a) Any member state in which an individual holds a current license shall be deemed a home state for purposes of this compact.
(b) Any member state may require an individual to obtain and retain a license to be authorized to practice in the member state under circumstances not authorized by the privilege to practice under the terms of this compact.
(c) A home state's license authorizes an individual to practice in a remote state under the privilege to practice only if the home state:
      (1) Currently requires the use of the National Registry of Emergency Medical Technicians (NREMT) examination as a condition of
       issuing initial licenses at the EMT and paramedic levels;
      (2) has a mechanism in place for receiving and investigating complaints about individuals;
       (3) notifies the commission, in compliance with the terms herein, of any adverse action or significant investigatory information
       regarding an individual;
      (4) no later than five years after activation of the compact, requires a criminal background check of all applicants for initial licensure,
       including the use of the results of fingerprint or other biometric data checks compliant with the requirements of the Federal Bureau
       of Investigation, with the exception of federal employees who have suitability determination in accordance with U.S. C.F.R. §
       731.202 and submit documentation of such as promulgated in the rules of the
       commission; and
      (5) complies with the rules of the commission.

ARTICLE 4

COMPACT PRIVILEGE TO PRACTICE


(a) Member states shall recognize the privilege to practice of an individual licensed in another member state that is in conformance with article 3.
(b) To exercise the privilege to practice under the terms and provisions of this compact, an individual must:
      (1) Be at least 18 years of age;
      (2) possess a current unrestricted license in a member state as an EMT, AEMT, paramedic or state recognized and licensed level
       with a scope of practice and authority between EMT and paramedic; and
      (3) practice under the supervision of a medical director.
(c) An individual providing patient care in a remote state under the privilege to practice shall function within the scope of practice authorized by the home state unless and until modified by an appropriate authority in the remote state as may be defined in the rules of the commission.
(d) Except as provided in article 4(c), an individual practicing in a remote state will be subject to the remote state's authority and laws. A remote state may, in accordance with due process and that state's laws, restrict, suspend or revoke an individual's privilege to practice in the remote state and may take any other necessary actions to protect the health and safety of its citizens. If a remote state takes action it shall promptly notify the home state and the commission.
(e) If an individual's license in any home state is restricted or suspended, the individual shall not be eligible to practice in a remote state under the privilege to practice until the individual's home state license is restored.
(f) If an individual's privilege to practice in any remote state is restricted, suspended or revoked, the individual shall not be eligible to practice in any remote state until the individual's privilege to practice is restored.

ARTICLE 5

CONDITIONS OF PRACTICE IN A REMOTE STATE


       An individual may practice in a remote state under a privilege to practice only in the performance of the individual's EMS duties as assigned by an appropriate authority, as defined in the rules of the commission, and under the following circumstances: (a) The individual originates a patient transport in a home state and transports the patient to a remote state;
(b) the individual originates in the home state and enters a remote state to pick up a patient and provide care and transport of the patient to the home state;
(c) the individual enters a remote state to provide patient care or transport, or both, within that remote state;
(d) the individual enters a remote state to pick up a patient and provide care and transport to a third member state;
(e) other conditions as determined by rules promulgated by the commission.

ARTICLE 6

RELATIONSHIP TO EMERGENCY MANAGEMENT ASSISTANCE COMPACT


      Upon a member state's governor's declaration of a state of emergency or disaster that activates the emergency management assistance compact (EMAC), all relevant terms and provisions of EMAC shall apply and to the extent any terms or provisions of this compact conflicts with EMAC, the terms of EMAC shall prevail with respect to any individual practicing in the remote state in response to such declaration.

ARTICLE 7

VETERANS, SERVICE MEMBERS SEPARATING FROM

ACTIVE DUTY MILITARY, AND THEIR SPOUSES


      (a) Member states shall consider a veteran, active military service member, and member of the national guard and reserves
separating from an active duty tour, and a spouse thereof, who holds a current valid and unrestricted NREMT certification at or above,
the level of the state license being sought, as satisfying the minimum training and examination requirements for such licensure.
(b) Member states shall expedite the processing of licensure applications submitted by veterans, active military service members, and
members of the national guard and reserves separating from an active duty tour, and their spouses.
(c) All individuals functioning with a privilege to practice under this article remain subject to the adverse actions provisions of article 8.

ARTICLE 8

ADVERSE ACTIONS


(a) A home state shall have exclusive power to impose adverse action against an individual's license issued by the home state.,br /> (b) If an individual's license in any home state is restricted or suspended, the individual shall not be eligible to practice in a remote
state under the privilege to practice until the individual's home state license is restored.
      (1) All home state adverse action orders shall include a statement that the individual's compact privileges are inactive. The order
      may allow the individual to practice in remote states with prior written authorization from both the home state and remote state's
      EMS authority.
      (2) An individual currently subject to adverse action in the home state shall not practice in any remote state without prior written
       authorization from both the home state and remote state's EMS authority.
(c) A member state shall report adverse actions and any occurrences that the individual's compact privileges are restricted, suspended or revoked to the commission in accordance with the rules of the commission.
(d) A remote state may take adverse action on an individual's privilege to practice within that state.
(e) Any member state may take adverse action against an individual's privilege to practice in that state based on the factual findings of another member state, so long as each state follows its own procedures for imposing such adverse action.
(f) A home state's EMS authority shall investigate and take appropriate action with respect to reported conduct in a remote state as it would if such conduct had occurred within the home state. In such cases, the home state's law shall control in determining the appropriate adverse action.
(g) Nothing in this compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain non-public if required by the member state's laws. Member states must require individuals who enter any alternative programs to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state.



ARTICLE 9

ADDITIONAL POWERS INVESTED IN A MEMBER STATE'S EMS AUTHORITY


      A member state's EMS authority, in addition to any other powers granted under state law, is authorized under this compact to:
(a) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a member state's EMS authority for the attendance and testimony of witnesses or the production of evidence, or both, from another member state, shall be enforced in the remote state by any court of competent jurisdiction, according to that court's practice and procedure in considering subpoenas issued in its own proceedings. The issuing state EMS authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state where the witnesses or evidence, or both, are located; and
(b) issue cease and desist orders to restrict, suspend or revoke an individual's privilege to practice in the state.



ARTICLE 10

ESTABLISHMENT OF THE INTERSTATE COMMISSION

FOR EMS PERSONNEL PRACTICE


(a) The compact states hereby create and establish a joint public agency known as the interstate commission for EMS personnel practice.
      (1) The commission is a body politic and an instrumentality of the compact states.
      (2) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of
       competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional
       defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
      (3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.
(b) Membership, Voting and Meetings
      (1) Each member state shall have and be limited to one delegate. The responsible official of the state EMS authority or such
       official's designee shall be the delegate to this compact for each member state. Any delegate may be removed or suspended from
       office as provided by the law of the state from which the delegate is appointed. Any vacancy occurring in the commission shall be
       filled in accordance with the laws of the member state in which the vacancy exists. In the event that more than one board, office or
       other agency with the legislative mandate to license EMS personnel at and above the level of EMT exists, the governor of the state
       will determine which entity will be responsible for assigning the delegate.
      (2) Each delegate shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise
       have an opportunity to participate in the business and affairs of the commission. A delegate shall vote in person or by such other
       means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of
      communication.
      (3) The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the
       bylaws.
      (4) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the
      rulemaking provisions in article 12.
      (5) The commission may convene in a closed, non-public meeting if the commission must discuss:
            (A) Non-compliance of a member state with its obligations under the compact;
            (B) the employment, compensation, discipline or other personnel matters, practices or procedures related to specific employees
             or other matters related to the commission's internal personnel practices and procedures;
            (C) current, threatened or reasonably anticipated litigation;
            (D) negotiation of contracts for the purchase or sale of goods, services or real estate;
            (E) accusing any person of a crime or formally censuring any person;
            (F) disclosure of trade secrets or commercial or financial information that is privileged or confidential;
            (G) disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal
             privacy;
            (H) disclosure of investigatory records compiled for law enforcement purposes;
            (I) disclosure of information related to any investigatory reports prepared by or on behalf of or for use of the commission or other
             committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact; or
            (J) matters specifically exempted from disclosure by federal or member state statute.
      (6) If a meeting, or portion of a meeting, is closed pursuant to this provision, the commission's legal counsel or designee
       shall certify that the meeting may be closed and shall reference each relevant exempting provision. The commission shall keep
       minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions
       taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an
       action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to
       release by a majority vote of the commission or order of a court of competent jurisdiction.
(c) The commission shall, by a majority vote of the delegates, prescribe bylaws or rules, or both, to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the compact, including, but not limited to:
      (1) Establishing the fiscal year of the commission;
      (2) providing reasonable standards and procedures:
            (A) For the establishment and meetings of other committees; and
            (B) governing any general or specific delegation of any authority or function of the commission;
      (3) providing reasonable procedures for calling and conducting meetings of the commission, ensuring reasonable advance notice
      of all meetings, and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions
      designed to protect the public's interest, the privacy of individuals, and proprietary information, including trade secrets. The
      commission may meet in closed session only after a majority of the membership votes to close a meeting in whole or in part. As
       soon as practicable, the commission must make public a copy of the vote to close the meeting revealing the vote of each member
      with no proxy votes allowed;
      (4) establishing the titles, duties and authority, and reasonable procedures for the election of the officers of the commission;
      (5) providing reasonable standards and procedures for the establishment of the personnel policies and programs of the
       commission. Notwithstanding any civil service or other similar laws of any member state, the bylaws shall exclusively govern the
       personnel policies and programs of the commission;
      (6) promulgating a code of ethics to address permissible and prohibited activities of commission members and employees;
      (7) providing a mechanism for winding up the operations of the commission and the equitable disposition of any surplus funds that
       may exist after the termination of the compact after the payment or reserving of all of its debts and obligations.
      (8) The commission shall publish its bylaws and file a copy thereof, and a copy of any amendment thereto, with the appropriate
       agency or officer in each of the member states, if any.
      (9) The commission shall maintain its financial records in accordance with the bylaws.
      (10) The commission shall meet and take such actions as are consistent with the provisions of this compact and the bylaws.
(d) The commission shall have the following powers:
      (1) The authority to promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The
       rules shall have the force and effect of law and shall be binding in all member states;
      (2) to bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state EMS
      authority or other regulatory body responsible for EMS personnel licensure to sue or be sued under applicable law shall not be
       affected;
      (3) to purchase and maintain insurance and bonds;
      (4) to borrow, accept or contract for services of personnel, including, but not limited to, employees of a member state;
      (5) to hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry
       out the purposes of the compact, and to establish the commission's personnel policies and programs relating to conflicts of
       interest, qualifications of personnel, and other related personnel matters;
      (6) to accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and to receive,
       utilize and dispose of the same; provided that at all times the commission shall strive to avoid any appearance of impropriety or
       conflict of interest;
      (7) to lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real,
       personal or mixed; provided that at all times the commission shall strive to avoid any appearance of impropriety;
      (8) to sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal, or mixed;
      (9) to establish a budget and make expenditures;
      (10) to borrow money;
      (11) to appoint committees, including advisory committees comprised of members, state regulators, state legislators or their
       representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the
       bylaws;
      (12) to provide and receive information from, and to cooperate with, law enforcement agencies;
      (13) to adopt and use an official seal; and
      (14) to perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent
       with the state regulation of EMS personnel licensure and practice.
(e) Financing of the commission
      (1) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and
       ongoing activities.
      (2) The commission may accept any and all appropriate revenue sources, donations and grants of money, equipment, supplies,
       materials and services.
      (3) The commission may levy on and collect an annual assessment from each member state or impose fees on other parties to
       cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its
       annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment
       amount shall be allocated based upon a formula to be determined by the commission, which shall promulgate a rule binding upon
       all member states.
      (4) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the
      commission pledge the credit of any of the member states, except by and with the authority of the member state.
      (5) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the
      commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and
       disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant, and the
       report, of the audit shall be included in and become part of the annual report of the commission.
(f) Qualified Immunity, Defense and Indemnification
      (1) The members, officers, executive director, employees and representatives of the commission shall be immune from suit
       and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other
       civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom
       the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or
       responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit or liability, or both,
       for any damage, loss, injury or liability caused by the intentional or willful or wanton misconduct of that person.
      (2) The commission shall defend any member, officer, executive director, employee or representative of the commission in any civil
       action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of
      commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis,
       for believing occurred within the scope of commission employment, duties or responsibilities; provided that nothing herein shall be
       construed to prohibit that person from retaining such person's own counsel; and provided further, that the actual or alleged act,
       error or omission did not result from that person's intentional or willful or wanton misconduct.
      (3) The commission shall indemnify and hold harmless any member, officer, executive director, employee or representative of the
       commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act,
       error or omission that occurred within the scope of commission employment, duties or responsibilities, or that such person had a
       reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, provided that the
       actual or alleged act, error or omission did not result from the intentional or willful or wanton misconduct of that person.



ARTICLE 11

COORDINATED DATABASE


(a) The commission shall provide for the development and maintenance of a coordinated database and reporting system containing licensure, adverse action and significant investigatory information on all licensed individuals in member states.
(b) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the coordinated database on all individuals to whom this compact is applicable as required by the rules of the commission, including:
      (1) Identifying information;
      (2) Licensure data;
      (3) Significant investigatory information;
      (4) Adverse actions against an individual's license;
      (5) An indicator that an individual's privilege to practice is restricted, suspended or revoked;
      (6) Non-confidential information related to alternative program participation;
      (7) Any denial of application for licensure, and the reason for such denial; and
      (8) Other information that may facilitate the (c) The coordinated database administrator shall promptly notify all member states
       of any adverse action taken against, or significant investigative information on, any individual in a member state.
(d) Member states contributing information to the coordinated database may designate information that may not be shared with the public without the express permission of the contributing state.
(e) Any information submitted to the coordinated database that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the coordinated database.



ARTICLE 12

RULEMAKING


(a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this article and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.
(b) If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any member state.
(c) Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.
(d) Prior to promulgation and adoption of a final rule or rules by the commission, and at least 60 days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking:
      (1) On the website of the commission; and
      (2) on the website of each member state EMS authority or the publication in which each state would otherwise publish proposed
       rules.
(e) The notice of proposed rulemaking shall include:
      (1) The proposed time, date and location of the meeting in which the rule will be considered and voted upon;
      (2) the text of the proposed rule or amendment and the reason for the proposed rule;
      (3) a request for comments on the proposed rule from any interested person; and
      (4) the manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and
       any written comments.
(f) Prior to adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions and arguments, which shall be made available to the public.
(g) The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:
      (1) At least 25 persons;
      (2) a governmental subdivision or agency; or
      (3) an association having at least 25 members.
(h) If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time and date of the scheduled public hearing.
      (1) All persons wishing to be heard at the hearing shall notify the executive director of the commission or other designated member
       in writing of their desire to appear and testify at the hearing not less than five business days before the scheduled date of the
       hearing.
      (2) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to
       comment orally or in writing.
      (3) No transcript of the hearing is required, unless a written request for a transcript is made, in which case the person requesting
       the transcript shall bear the cost of producing the transcript. A recording may be made in lieu of a transcript under the same terms
       and conditions as a transcript. This subsection shall not preclude the commission from making a transcript or recording of the hearing
       if it so chooses.
      (4) Nothing in this article shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the
       convenience of the commission at hearings required by this article.
(i) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.
(j) The commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
(k) If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with promulgation of the proposed rule without a public hearing.
(l) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the compact and in this article shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:
      (1) Meet an imminent threat to public health, safety or welfare;
      (2) prevent a loss of commission or member state funds;
      (3) meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or
      (4) protect public health and safety.
(m) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the chair of the commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.



ARTICLE 13

OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT


(a) Oversight
      (1) The executive, legislative and judicial branches of state government in each member state shall enforce this compact and take
       all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules
       promulgated hereunder shall have standing as statutory law.
      (2) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state
       pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the commission.
      (3) The commission shall be entitled to receive service of process in any such proceeding, and shall have standing to intervene in
       such a proceeding for all purposes. Failure to provide service of process to the commission shall render a judgment or order void
       as to the commission, this compact, or promulgated rules.
(b) Default, Technical Assistance, and Termination
      (1) If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under
       this compact or the promulgated rules, the commission shall:
            (A) Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of
             curing the default and any other action, if any, to be taken by the commission; and
            (B) provide remedial training and specific technical assistance regarding the default.
      (2) If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a
       majority of the member states, and all rights, privileges and benefits conferred by this compact may be terminated on the effective
       date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of
       default.
      (3) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been
      exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority
       leaders of the defaulting state's legislature, and each of the member states.
      (4) A state that has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective
       date of termination, including obligations that extend beyond the effective date of termination.
      (5) The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the
       compact, unless agreed upon in writing between the commission and the defaulting state.
      (6) The defaulting state may appeal the action of the commission by petitioning the U.S. district court for the District of Columbia or
       the federal district where the commission has its principal offices. The prevailing member shall be awarded all costs of such
       litigation, including reasonable attorney fees.
(c) Dispute Resolution
      (1) Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among
       member states and between member and non-member states.
      (2) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as
       appropriate.
(d) Enforcement
      (1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.
      (2) By majority vote, the commission may initiate legal action in the United States district court for the District of Columbia or the
       federal district where the commission has its principal offices against a member state in default to enforce compliance with the
       provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages.
       In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including
       reasonable attorney fees.
      (3) The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies
       available under federal or state law.



ARTICLE 14

DATE OF IMPLEMENTATION OF THE INTERSTATE

COMMISSION FOR EMS PERSONNEL PRACTICE AND

ASSOCIATED RULES, WITDHRAWAL, AND AMENDMENT


(a) The compact shall come into effect on the date on which the compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.
(b) Any state that joins the compact subsequent to the commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.
(c) Any member state may withdraw from this compact by enacting a statute repealing the same.
      (1) A member state's withdrawal shall not take effect until six months after enactment of the repealing statute.
      (2) Withdrawal shall not affect the continuing requirement of the withdrawing state's EMS authority to comply with the investigative
       and adverse action reporting requirements of this act prior to the effective date of withdrawal.
(d) Nothing contained in this compact shall be construed to invalidate or prevent any EMS personnel licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this compact.
(e) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.



ARTICLE 15

CONSTRUCTION AND SEVERABILITY


      This compact shall be liberally construed so as to effectuate the purposes thereof. If this compact shall be held contrary to the constitution of any state member thereto, the compact shall remain in full force and effect as to the remaining member states. Nothing in this compact supersedes state law or rules related to licensure of EMS agencies.



History: L. 2016, ch 28, § 1; July 1.