HOUSE BILL No. 2039
AN ACT concerning healthcare providers; relating to the healthcare provider insurance
availability act; adding maternity center to the definition of healthcare provider;
relating to the Kansas credentialing act; amending definitions to provide that certain
entities providing physical therapy, occupational therapy and speech-language
pathology are not home health agencies; relating to emergency medical service
providers; establishing that the authorized activities of paramedics, advanced
emergency medical technicians, emergency medical technicians and emergency
medical responders may be authorized upon the order of a healthcare professional;
permitting nonemergency ambulance services to offer service for less than 24 hours
per day, every day of the year; permitting certain emergency medical services in rural
counties to operate with one emergency medical services provider; requiring entities
placing automated external defibrillators for use within the state to register with the
emergency medical services board; amending K.S.A. 40-3401, 65-5101, 65-6121 and
65-6149a and K.S.A. 2024 Supp. 65-6112, 65-6119, 65-6120, 65-6129a, 65-6135 and
65-6144 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 40-3401 is hereby amended to read as follows:
40-3401. As used in this act:
(a) "Applicant" means any healthcare provider.
(b) "Basic coverage" means a policy of professional liability
insurance required to be maintained by each healthcare provider
pursuant to the provisions of K.S.A. 40-3402(a) or (b), and
amendments thereto.
(c) "Commissioner" means the commissioner of insurance.
(d) "Fiscal year" means the year commencing on the effective date
of this act and each year, commencing on the first day of July
thereafter.
(e) "Fund" means the healthcare stabilization fund established
pursuant to K.S.A. 40-3403(a), and amendments thereto.
(f) (1) "Healthcare provider" means a:
(A) Person licensed to practice any branch of the healing arts by
the state board of healing arts, a ;
(B) person who holds a temporary permit to practice any branch of
the healing arts issued by the state board of healing arts, a ;
(C) person engaged in a postgraduate training program approved
by the state board of healing arts, a ;
(D) medical care facility licensed by the state of Kansas, a ;
(E) podiatrist licensed by the state board of healing arts, a ;
(F) health maintenance organization issued a certificate of
authority by the commissioner, an ;
(G) optometrist licensed by the board of examiners in optometry, a
;
(H) pharmacist licensed by the state board of pharmacy, a ;
(I) licensed professional nurse who is authorized to practice as a
registered nurse anesthetist, a ;
(J) licensed professional nurse who has been granted a temporary
authorization to practice nurse anesthesia under K.S.A. 65-1153, and
amendments thereto, a ;
(K) professional corporation organized pursuant to the
professional corporation law of Kansas by persons who are authorized
by such law to form such a corporation and who are healthcare
providers as defined by this subsection, a ;
(L) Kansas limited liability company organized for the purpose of
rendering professional services by its members who are healthcare
providers as defined by this subsection and who are legally authorized
to render the professional services for which the limited liability
company is organized, a ;
(M) partnership of persons who are healthcare providers under this
subsection, a ;
(N) Kansas not-for-profit corporation organized for the purpose of
rendering professional services by persons who are healthcare
providers as defined by this subsection, a ;
(O) nonprofit corporation organized to administer the graduate
medical education programs of community hospitals or medical care
facilities affiliated with the university of Kansas school of medicine, a ;
(P) dentist certified by the state board of healing arts to administer HOUSE BILL No. 2039—page 2
anesthetics under K.S.A. 65-2899, and amendments thereto, a ;
(Q) psychiatric hospital licensed prior to January 1, 1988, and
continuously thereafter under K.S.A. 2015 Supp. 75-3307b, prior to its
repeal, and K.S.A. 39-2001 et seq., and amendments thereto, or a
mental health center or mental health clinic licensed by the state of
Kansas. On and after January 1, 2015, "healthcare provider" also means
a ;
(R) physician assistant licensed by the state board of healing arts,
a ;
(S) licensed advanced practice registered nurse who is authorized
by the board of nursing to practice as an advanced practice registered
nurse in the classification of a nurse-midwife, a ;
(T) maternity center, if such maternity center has been granted
accreditation by the commission for accreditation of birth centers and
is a maternity center as defined in K.S.A. 65-503, and amendments
thereto;
(U) licensed advanced practice registered nurse who has been
granted a temporary authorization by the board of nursing to practice as
an advanced practice registered nurse in the classification of a nurse-
midwife, a ;
(V) nursing facility licensed by the state of Kansas, an ;
(W) assisted living facility licensed by the state of Kansas; or
(X) a residential healthcare facility licensed by the state of Kansas.
(2) "Healthcare provider" does not include:
(1)(A) Any state institution for people with intellectual disability;
(2)(B) any state psychiatric hospital;
(3)(C) any person holding an exempt license issued by the state
board of healing arts or the board of nursing;
(4)(D) any person holding a visiting clinical professor license
from the state board of healing arts;
(5)(E) any person holding an inactive license issued by the state
board of healing arts;
(6)(F) any person holding a federally active license issued by the
state board of healing arts;
(7)(G) an advanced practice registered nurse who is authorized by
the board of nursing to practice as an advanced practice registered
nurse in the classification of nurse-midwife or nurse anesthetist and
who practices solely in the course of employment or active duty in the
United States government or any of its departments, bureaus or
agencies or who provides professional services as a charitable
healthcare provider as defined under K.S.A. 75-6102, and amendments
thereto; or
(8)(H) a physician assistant licensed by the state board of healing
arts who practices solely in the course of employment or active duty in
the United States government or any of its departments, bureaus or
agencies or who provides professional services as a charitable
healthcare provider as defined under K.S.A. 75-6102, and amendments
thereto.
(g) "Inactive healthcare provider" means a person or other entity
who purchased basic coverage or qualified as a self-insurer on or
subsequent to the effective date of this act but who, at the time a claim
is made for personal injury or death arising out of the rendering of or
the failure to render professional services by such healthcare provider,
does not have basic coverage or self-insurance in effect solely because
such person is no longer engaged in rendering professional service as a
healthcare provider.
(h) "Insurer" means any corporation, association, reciprocal
exchange, inter-insurer and any other legal entity authorized to write
bodily injury or property damage liability insurance in this state,
including workers compensation and automobile liability insurance,
pursuant to the provisions of the acts contained in article 9, 11, 12 or 16
of chapter 40 of the Kansas Statutes Annotated, and amendments
thereto.
(i) "Plan" means the operating and administrative rules and HOUSE BILL No. 2039—page 3
procedures developed by insurers and rating organizations or the
commissioner to make professional liability insurance available to
healthcare providers.
(j) "Professional liability insurance" means insurance providing
coverage for legal liability arising out of the performance of
professional services rendered or that should have been rendered by a
healthcare provider.
(k) "Rating organization" means a corporation, an unincorporated
association, a partnership or an individual licensed pursuant to K.S.A.
40-956, and amendments thereto, to make rates for professional
liability insurance.
(l) "Self-insurer" means a healthcare provider who qualifies as a
self-insurer pursuant to K.S.A. 40-3414, and amendments thereto.
(m) "Medical care facility" means the same when used in the
healthcare provider insurance availability act as defined in K.S.A. 65-
425, and amendments thereto, except that, as used in the healthcare
provider insurance availability act, such term, as it relates to insurance
coverage under the healthcare provider insurance availability act, also
includes any director, trustee, officer or administrator of a medical care
facility.
(n) "Mental health center" means a mental health center licensed
by the state of Kansas under K.S.A. 39-2001 et seq., and amendments
thereto, except that, as used in the healthcare provider insurance
availability act, such term, as it relates to insurance coverage under the
healthcare provider insurance availability act, also includes any
director, trustee, officer or administrator of a mental health center.
(o) "Mental health clinic" means a mental health clinic licensed by
the state of Kansas under K.S.A. 39-2001 et seq., and amendments
thereto, except that, as used in the healthcare provider insurance
availability act, such term, as it relates to insurance coverage under the
healthcare provider insurance availability act, also includes any
director, trustee, officer or administrator of a mental health clinic.
(p) "State institution for people with intellectual disability" means
Winfield state hospital and training center, Parsons state hospital and
training center and the Kansas neurological institute.
(q) "State psychiatric hospital" means Larned state hospital,
Osawatomie state hospital and Rainbow mental health facility.
(r) "Person engaged in residency training" means:
(1) A person engaged in a postgraduate training program approved
by the state board of healing arts who is employed by and is studying at
the university of Kansas medical center only when such person is
engaged in medical activities that do not include extracurricular, extra-
institutional medical service for which such person receives extra
compensation and that have not been approved by the dean of the
school of medicine and the executive vice-chancellor of the university
of Kansas medical center. Persons engaged in residency training shall
be considered resident healthcare providers for purposes of K.S.A. 40-
3401 et seq., and amendments thereto; and
(2) a person engaged in a postgraduate training program approved
by the state board of healing arts who is employed by a nonprofit
corporation organized to administer the graduate medical education
programs of community hospitals or medical care facilities affiliated
with the university of Kansas school of medicine or who is employed
by an affiliate of the university of Kansas school of medicine as defined
in K.S.A. 76-367, and amendments thereto, only when such person is
engaged in medical activities that do not include extracurricular, extra-
institutional medical service for which such person receives extra
compensation and that have not been approved by the chief operating
officer of the nonprofit corporation or the chief operating officer of the
affiliate and the executive vice-chancellor of the university of Kansas
medical center.
(s) "Full-time physician faculty employed by the university of
Kansas medical center" means a person licensed to practice medicine
and surgery who holds a full-time appointment at the university of HOUSE BILL No. 2039—page 4
Kansas medical center when such person is providing healthcare. A
person licensed to practice medicine and surgery who holds a full-time
appointment at the university of Kansas medical center may also be
employed part-time by the United States department of veterans affairs
if such employment is approved by the executive vice-chancellor of the
university of Kansas medical center.
(t) "Sexual act" or "sexual activity" means that sexual conduct that
constitutes a criminal or tortious act under the laws of the state of
Kansas.
(u) "Board" means the board of governors created by K.S.A. 40-
3403, and amendments thereto.
(v) "Board of directors" means the governing board created by
K.S.A. 40-3413, and amendments thereto.
(w) "Locum tenens contract" means a temporary agreement not
exceeding 182 days per calendar year that employs a healthcare
provider to actively render professional services in this state.
(x) "Professional services" means patient care or other services
authorized under the act governing licensure of a healthcare provider.
(y) "Healthcare facility" means a nursing facility, an assisted
living facility or a residential healthcare facility as all such terms are
defined in K.S.A. 39-923, and amendments thereto.
(z) "Charitable healthcare provider" means the same as defined in
K.S.A. 75-6102, and amendments thereto.
Sec. 2. K.S.A. 65-5101 is hereby amended to read as follows: 65-
5101. As used in this act, unless the context otherwise requires:
(a) "Attendant care services" means basic and ancillary services
provided under home and community based services waiver programs;
(b) "council" means the home health services advisory council
created by this act;
(c) (1) "home health agency" means a public or private agency or
organization or a subdivision or subunit of such agency or organization
that provides for a fee one or more: (A) Home health services,; (B)
supportive care services; or (C) attendant care services provided under
home and community based services waiver programs at the residence
of a patient but; and
(2) "home health agency" does not include: (A) Local health
departments which that are not federally certified home health
agencies,; (B) durable medical equipment companies which that
provide home health services by use of specialized equipment,; (C)
independent living agencies,; (D) entities that are not reimbursed by
medicare part A and only provide services of persons licensed or
certified under the physical therapy practice act, persons licensed
under the occupational therapy practice act and persons licensed as
speech-language pathologists; (E) the Kansas department for aging and
disability services; and (F) the department of health and environment;
(d) "home health services" means any of the following services
provided at the current residence of the patient on a full-time, part-time
or intermittent basis: Nursing, physical therapy, speech therapy,
nutritional or dietetic consulting, occupational therapy, respiratory
therapy, home health aide or medical social service;
(e) "home health aide" means an employee of a home health
agency who is a certified nurse aide, is in good standing on the public
nurse aide registry maintained by the Kansas department for aging and
disability services and has completed a 20-hour home health aide
course approved by the Kansas department for aging and disability
services who assists, under registered nurse supervision, in the
provision of home health services and who provides assigned health
care healthcare to patients but shall. "Home health aide" does not
include employees of a home health agency providing only supportive
care services or attendant care services;
(f) "independent living agency" means a public or private agency
or organization or a subunit of such agency or organization whose
primary function is to provide at least four independent living services,
including independent living skills training, advocacy, peer counseling HOUSE BILL No. 2039—page 5
and information and referral as defined by the rehabilitation act of
1973, title VII, part B, and such agency shall be recognized by the
secretary for aging and disability services as an independent living
agency. Such agencies include independent living centers and programs
which that meet the following quality assurances:
(1) Accreditation by a nationally recognized accrediting body such
as the commission on accreditation of rehabilitation facilities; or
(2) receipt of grants from the state or the federal government and
currently meets standards for independent living under the
rehabilitation act of 1973, title VII, part B, sections (a) through (k), or
comparable standards established by the state; or
(3) compliance with requirements established by the federal
government under rehabilitation services administration standards for
centers for independent living;
(g) "part-time or intermittent basis" means the providing of home
health services in an interrupted interval sequence on the average of not
to exceed three hours in any twenty-four-hour 24-hour period;
(h) "patient's residence" means the actual place of residence of the
person receiving home health services, including institutional
residences as well as individual dwelling units;
(i) "secretary" means secretary of health and environment;
(j) "subunit" or "subdivision" means any organizational unit of a
larger organization which that can be clearly defined as a separate
entity within the larger structure, which can meet all of the
requirements of this act independent of the larger organization, which
can be held accountable for the care of patients it is serving and which
provides to all patients care and services meeting the standards and
requirements of this act;
(k) "supportive care services" means services that do not require
supervision by a healthcare professional, such as a physician assistant
or registered nurse, to provide assistance with activities of daily living
that the consumer could perform if such consumer were physically
capable, including, but not limited to, bathing, dressing, eating,
medication reminders, transferring, walking, mobility, toileting and
continence care, provided in the consumer's temporary or permanent
place of residence so that the consumer can remain safely and
comfortably in the consumer's temporary or permanent place of
residence. "Supportive care services" does not include any home health
services; and
(l) "supportive care worker" means an employee of a home health
agency who provides supportive care services.
Sec. 3. K.S.A. 2024 Supp. 65-6112 is hereby amended to read as
follows: 65-6112. As used in article 61 of chapter 65 of the Kansas
Statutes Annotated, and amendments thereto:
(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 issued a license
pursuant to K.S.A. 65-1130, and amendments thereto, who has
authority to prescribe drugs as provided by K.S.A. 65-1130, 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) "Board" means the emergency medical services board
established pursuant to K.S.A. 65-6102, and amendments thereto. HOUSE BILL No. 2039—page 6
(g) "Emergency medical service" means the effective and
coordinated delivery of such care as may be required by an emergency
that 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 emergency medical service provider.
(h) "Emergency medical service provider" means an emergency
medical responder, advanced emergency medical technician,
emergency medical technician or paramedic certified by the emergency
medical services board.
(i) "Emergency medical responder" means a person who holds an
emergency medical responder certificate issued pursuant to this act.
(j) "Emergency medical technician" means a person who holds an
emergency medical technician certificate issued pursuant to this act.
(j) "Emergency medical responder" means a person who holds an
emergency medical responder certificate issued pursuant to this act.
(k) "Hospital" means a hospital as defined by K.S.A. 65-425, and
amendments thereto.
(l) "Medical director" means a physician.
(m) "Medical oversight" means to review, approve and implement
medical protocols and to approve and monitor the activities,
competency and education of emergency medical service providers.
(n) "Medical protocols" means written guidelines that authorize
emergency medical service providers 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.
(o) "Municipality" means any city, county, township, fire district
or ambulance service district.
(p) "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 emergency medical service provider whether
within or outside the vehicle as part of such transportation services.
(q) "Operator" means a person or municipality who that has a
permit to operate an ambulance service in the state of Kansas.
(r) "Paramedic" means a person who holds a paramedic certificate
issued pursuant to this act.
(s) "Person" means an individual, a partnership, an association, a
joint-stock company or a corporation.
(t) "Physician" means a person licensed by the state board of
healing arts to practice medicine and surgery.
(u) "Physician assistant" means a physician assistant as defined in
K.S.A. 65-28a02, and amendments thereto.
(v) "Professional nurse" means a licensed professional nurse as
defined by K.S.A. 65-1113, and amendments thereto.
(w) "Public place" means any areas open to the public or used by
the general public including, but not limited to, banks, bars, food
service establishments, retail service establishments, retail stores,
public means of mass transportation, passenger elevators, healthcare
institutions or any other place where healthcare services are provided
to the public, medical care facilities, educational facilities, libraries,
courtrooms, public buildings, restrooms, grocery stores, school buses,
museums, theaters, auditoriums, arenas and recreational facilities. A
private residence shall not be considered a "public place" unless such
residence is used as a day care home, as defined in K.S.A. 65-530, and
amendments thereto.
(x) "Qualified healthcare provider" means a physician, a
physician assistant when authorized by a physician, an advanced
practice registered nurse or a professional nurse when authorized by a
physician.
(y) "Sponsoring organization" means any professional association, HOUSE BILL No. 2039—page 7
accredited postsecondary educational institution, ambulance service
that 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.
Sec. 4. K.S.A. 2024 Supp. 65-6119 is hereby amended to read as
follows: 65-6119. Notwithstanding any other provision of law to the
contrary, after successfully completing an approved course of
instruction, local specialized device training and competency
validation and when authorized by medical protocols or upon the order
of a qualified healthcare provider, a paramedic may:
(a) Perform all the authorized activities identified in K.S.A. 65-
6120, 65-6121, 65-6144, and amendments thereto; and
(b) 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 this subsection;
(c) 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; and
(d) perform, during nonemergency transportation, those activities
specified in this section when specifically authorized to perform such
activities by medical protocols qualified healthcare provider.
Sec. 5. K.S.A. 2024 Supp. 65-6120 is hereby amended to read as
follows: 65-6120. Notwithstanding any other provision of law to the
contrary, after successfully completing an approved course of
instruction, local specialized device training and competency
validation and when authorized by medical protocols or upon the order
of a qualified healthcare provider, an advanced emergency medical
technician may:
(a) Perform any of the activities identified by K.S.A. 65-6121 and
65-6144, and amendments thereto; and
(b) 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:
(1) Advanced airway management;
(2) referral of patient of alternate medical care site based on
assessment; (3) transportation of a patient with a capped arterial line;
(4) veni-puncture for obtaining blood sample;
(5)(3) initiation and maintenance of intravenous infusion or saline
lock;
(6)(4) initiation and maintenance of intraosseous infusion;
(7) nebulized therapy;
(8)(5) manual defibrillation;
(9)(6) cardiac monitoring;
(10)(7) electrocardiogram interpretation;
(11) monitoring of a nasogastric tube; and
(12)(8) administration of medications by methods as specified by
rules and regulations of, as approved by the board by appropriate
routes.
Sec. 6. K.S.A. 65-6121 is hereby amended to read as follows: 65-
6121. (a) Notwithstanding any other provision of law to the contrary, HOUSE BILL No. 2039—page 8
after successfully completing an approved course of instruction, local
specialized device training and competency validation and when
authorized by medical protocols or upon the order of a qualified
healthcare provider, an emergency medical technician may:
(a) Perform any of the activities identified in K.S.A. 65-6144, and
amendments thereto,; and
(b) 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) Airway maintenance, including use of:
(A) Single lumen airways as approved by the board;
(B) multilumen airways;
(C) ventilator devices;
(D) non-invasive positive pressure ventilation;
(E) forceps removal of airway obstruction;
(F) CO2 monitoring; and
(G) airway suctioning;
(2) monitoring a urinary catheter;
(3) capillary blood sampling for purposes other than blood
glucose monitoring;
(4) administration of patient assisted medications as approved by
the board;
(5) administration of medications, as approved by the board by
appropriate routes;
(6) monitoring a saline lock;
(7) monitor, maintain or discontinue flow of IV line if a physician
approves transfer by an emergency medical technician;
(8) monitoring of a nasogastric tube; and
(7)(9) application of a traction splint.
Sec. 7. K.S.A. 2024 Supp. 65-6129a is hereby amended to read as
follows: 65-6129a. (a) While engaged in a course of training or
continuing education approved by the board within a medical care
facility, a student or emergency medical service provider engaged in
such training or continuing education shall be under the supervision of
a physician, a physician assistant, an advanced practice registered
nurse, a respiratory therapist, or a professional nurse or an emergency
medical services provider who is, at a minimum, certified to provide
the level of care for which the student is seeking certification. While
engaged in training or continuing education in emergency or
nonemergency transportation outside a medical care facility, a student
or emergency medical service provider shall be under the direct
supervision of an emergency medical service provider who is at the
minimum certified to provide the level of care for which the student is
seeking certification or the emergency medical service provider
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, and amendments thereto, shall be construed
to preclude the provision of authorized activities by students enrolled in
a training program while engaged in such program.
Sec. 8. K.S.A. 2024 Supp. 65-6135 is hereby amended to read as
follows: 65-6135. (a) Except as provided in subsection (b), all
ambulance services providing emergency care as defined by the rules
and regulations adopted by the board shall offer service for 24 hours
per day, every day of the year.
(b) Ambulance services providing only nonemergency
transportation may offer service for less than 24 hours per day, every HOUSE BILL No. 2039—page 9
day of the year.
(c) Except as provided by subsection (d), whenever an operator is
required to have a permit, at least one person on each vehicle in the
patient compartment during patient transport who is providing
emergency medical service shall be an emergency medical service
provider certified or authorized pursuant to K.S.A. 65-6119, 65-6120
or, 65-6121, or 65-6158, and amendments thereto, a physician, an
individual licensed by the state board of healing arts to practice
medicine and surgery pursuant to K.S.A. 65-28,133, and amendments
thereto, a physician assistant, an advanced practice registered nurse or,
a professional nurse or a registered nurse holding a multistate license
pursuant to K.S.A. 65-1166, and amendments thereto.
(c)(d) The board shall not require any ground vehicle providing
interfacility transfers from emergency medical services in any county
with a population of 30,000 or less to operate with more than one
person who satisfies the requirements of subsection (b)(c) if the driver
of such vehicle is certified in cardiopulmonary resuscitation. An
operator that chooses to adopt this policy shall notify the board within
30 days of adoption of such policy.
Sec. 9. K.S.A. 2024 Supp. 65-6144 is hereby amended to read as
follows: 65-6144. (a) Notwithstanding any other provision of law to the
contraryan 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 the 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 of a
qualified healthcare provider, an emergency medical responder may
perform any of the following interventions, by use of the devices,
medications and equipment, or any combination thereof:
(1) Emergency vehicle operations;
(2) initial scene management;
(3)(a) Patient assessment and stabilization;
(4)(b) cardiac arrest management through the use of
cardiopulmonary resuscitation and the use of an automated external
defibrillator;
(5)(c) airway management and oxygen therapy;
(6)(d) utilization of equipment for the purposes of acquiring an
and transmitting EKG rhythm strip strips;
(7)(e) control of bleeding;
(8)(f) extremity splinting;
(9)(g) spinal immobilization;
(10) nebulizer therapy;
(11) intramuscular injections with auto-injector;
(12)(h) administration of medications, as approved by the board
by appropriate routes;
(13)(i) recognize and comply with advanced directives;
(14)(j) use of blood glucose monitoring;
(15)(k) assistance with childbirth;
(16)(l) non-invasive monitoring of hemoglobin derivatives;
(17)(m) distribution of non prescription, over-the-counter
medications as approved by the service medical director, except that an
emergency medical responder shall not distribute any compound,
mixture or preparation that contains any detectable quantity of:
(A)(1) Any compound, mixture, or preparation that contains any
detectable quantity of Ephedrine, its salts or optical isomers, or salts of
optical isomers and is exempt from being reported to the statewide
electronic logging system for the sale of methamphetamine precursors;
or
(B)(2) any compound, mixture, or preparation that contains any HOUSE BILL No. 2039—page 10
detectable quantity of pseudoephedrine, its salts or optical isomers, or
salts of optical isomers and is exempt from being reported to the
statewide electronic logging system for the sale of methamphetamine
precursors; and
(18)(n) other techniques and devices of preliminary care an
emergency medical responder is trained to provide as approved by the
board.
Sec. 10. K.S.A. 65-6149a is hereby amended to read as follows:
65-6149a. (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 that 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 that 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 physician
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 that 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 that 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 that purchase, lease, possess or otherwise control or
acquire an automated external defibrillator to be placed in a public
place within the state shall notify the emergency medical service which
operates in the geographic area of the location of register the automated
external defibrillator with the emergency medical services board.
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.
(d) Nothing in this subsection section shall be construed to require
the state to purchase automated external defibrillators. HOUSE BILL No. 2039—page 11
Sec. 11. K.S.A. 40-3401, 65-5101, 65-6121 and 65-6149a and
K.S.A. 2024 Supp. 65-6112, 65-6119, 65-6120, 65-6129a, 65-6135 and
65-6144 are hereby repealed.
Sec. 12. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and was
adopted by that body
HOUSE adopted
Conference Committee Report
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
SENATE adopted
Conference Committee Report
President of the Senate.
Secretary of the Senate.
APPROVED
Governor.