{As Amended by House Committee of the Whole}
As Amended by Senate Committee
Session of 2024
SENATE BILL No. 384
By Committee on Local Government
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AN ACT concerning health and healthcare; relating to emergency medical
services; staffing of ambulances; permitting an ambulance to operate
with one emergency medical service provider in rural cities and
counties authorizing the emergency medical services board to grant
certain permanent variances from rules and regulations {permitting
an ambulance to operate with one emergency medical service
provider in rural cities and counties}; amending K.S.A. 2023 Supp.
65-6111 and 65-6135 and repealing the existing section sections
{section}.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2023 Supp. 65-6111 is hereby amended to read as
follows: 65-6111. (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, emergency medical service providers, 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 emergency medical service
providers and instructor-coordinators and prescribe certification
application fees by rules and regulations;
(9) approve methods of examination for certification of emergency
medical service providers and instructor-coordinators and prescribe
examination fees by rules and regulations;
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(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 procedure act and
the rules and regulations of the board.
(b) (1) Except as otherwise provided, 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.
(2) Any variance granted pursuant to paragraph (1) may be granted
as a permanent variance if the variance is from an identified rule or
regulation adopted to implement, enforce or otherwise regulate the
provisions of K.S.A. 65-6135, and amendments thereto.
(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 may impose a fine on:
(A) Any person granted a certificate by the board in an amount not to
exceed $500 for each violation; or
(B) an ambulance service that 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
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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 that may be grounds for disciplinary action, is not
relevant to the charge that is the subject matter of the proceeding or
investigation or does not describe with sufficient particularity the physical
evidence that 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 that may be
grounds for disciplinary action, is not relevant to the charge that is the
subject matter of the hearing or investigation or does not describe with
sufficient particularity the evidence that 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,
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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
proceedings 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.
Section 1. Sec. 2. {Section 1.} K.S.A. 2023 Supp. 65-6135 is hereby
amended to read as follows: 65-6135. (a) All ambulance services providing
emergency care as defined by the rules and regulations adopted by the
board shall offer service 24 hours per day every day of the year.
(b) Whenever an operator is required to have a permit, at least one
person on each vehicle providing emergency medical service shall be an
emergency medical service provider certified pursuant to K.S.A. 65-6119,
65-6120 or 65-6121, and amendments thereto, a physician an individual
licensed by the state board of healing arts to practice medicine and
surgery, a physician assistant, an advanced practice registered nurse or a
professional nurse.
(c) The board shall not require any vehicle providing emergency
medical service in any city with a population of less than 50,000 or any
county with a population of less than 50,000, to operate with any
additional personnel other than the minimum personnel required under
subsection (b).
{(c) The board shall not require any vehicle providing emergency
medical service in any city with a population of less than 50,000 or any
county with a population of less than 50,000, to operate with any
additional personnel other than the minimum personnel required
under subsection (b).}
Sec. 2. 3. {2.} K.S.A. 2023 Supp. 65-6111 and 65-6135 is are {is}
hereby repealed.
Sec. 3. 4. {3.} This act shall take effect and be in force from and after
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its publication in the statute book.1