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STATUTES UPDATED AUGUST 2003
65-6101 Bureau of emergency medical services, position
of director and emergency medical services council abolished; powers, duties
and functions transferred.
65-6102 Emergency medical services board established; members,
appointment; removal from or forfeiture of position; terms; meetings; compensation
and expenses; approval of vouchers; temporary chairperson.
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
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.
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
65-6120 Emergency medical technician-intermediate; authorized
activities.
65-6121 Emergency medical technician; authorized activities.
65-6123 Emergency medical technician-defibrillator; authorized
activities.
65-6124 Limitations on liability.
65-6125 Unlawful to operate ambulance service without a
permit.
65-6126 Medical adviser.
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.
65-6129c Training officer’s certificate; application; requirements;
renewal; denial, revocation, suspension.
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.
65-6134 Temporary limitation or restriction of operator’s
permit; hearing.
65-6135 Ambulance services; hours of operation; persons providing
emergency care.
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.
65-6145 Same; limitations of act.
65-6149a Automated external defibrillator; use by qualified
persons.
65-6150 Unlawful acts.
65-6151 Emergency medical services operating fund.
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
(b)
The emergency medical services board shall be composed of 13 members to be
appointed as follows:
(1)
Nine members shall be appointed by the governor. Of such members:
(A)
One shall be a member of the
(B) two shall be county commissioners of counties making a
levy for ambulance service, at least one of whom shall be from a county having
a population of less than 15,000;
(C) one shall be an instructor-coordinator;
(D) one shall be a hospital administrator actively
involved in emergency medical services;
(E) one shall be a member of a firefighting unit which
provides emergency medical service; and
(F) three shall be attendants who are actively involved in
emergency medical service. At least two
classifications of attendants shall be represented. At least one of such members shall be from a
volunteer emergency medical service; and
(2) four members shall be appointed as follows:
(A)
One shall be a member of the
(B) one shall be a member of the
(C) one shall be a member of the
(D) one shall be a member of the
All
members of the board shall be residents of the state of
(c)
Of the members first appointed to the board, four shall be appointed for terms
of one year, three for terms of two years, three for terms of three years and
three for terms of four years. Thereafter, members shall be appointed for terms of four years and until
their successors are appointed and qualified. In the case of a vacancy in the membership of the board, the vacancy
shall be filled for the unexpired term.
(d)
The board shall meet at least six times annually and at least once each quarter
and at the call of the chairperson or at the request of the administrator of
the emergency medical services board or of any six members of the board. At the first meeting of the board after
January 1 each year, the members shall elect a chairperson and a
vice-chairperson who shall serve for a term of one year. The vice-chairperson shall exercise all of
the powers of the chairperson in the absence of the chairperson. If a vacancy occurs in the office of the
chairperson or vice-chairperson, the board shall fill such vacancy by election
of one of its members to serve the unexpired term of such office. Members of the board attending meetings of
the board or attending a subcommittee meeting thereof authorized by the board
shall be paid compensation, subsistence allowances, mileage and other expenses
as provided in K.S.A. 75-3223, and amendments thereto.
(e)
Except as otherwise provided by law, all vouchers for expenditures and all
payrolls of the emergency medical services board shall be approved by the
emergency medical services board or a person designated by the board.
History: L. 1988, ch. 261, 2; L. 1989, ch. 204, 1;
L. 1998, ch. 133, 1; July 1.
Attorney
General’s Opinions:
Emergency medical services board; expenses;
approval of vouchers. 90-18.
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
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
(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
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
for the 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; and (6) 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.
History: L. 1988, ch. 261, 10; L. 1990, ch. 235, 1;
L. 1993, ch. 71, 1; L. 1998, ch.
133, 2; July 1.
Source
or prior law: 65-4320.
Attorney
General’s Opinions:
Powers and duties of emergency medical services
board; rules and regulations. 92-113.
65-6111 Powers and duties of emergency
medical services board. The emergency medical
services board shall:
(a)
Adopt any rules and regulations necessary to carry out the provisions of this
act;
(b) review and approve the allocation and expenditure of
moneys appropriated for emergency medical services;
(c) conduct hearings for all regulatory matters concerning
ambulance services, attendants, instructor-coordinators, training officers and
providers of training;
(d) submit a budget to the legislature for the operation
of the board;
(e) develop a state plan for the delivery of emergency
medical services;
(f) enter into contracts as may be necessary to carry out
the duties and functions of the board under this act;
(g)
review and approve all requests for state and federal funding involving
emergency medical services projects in the state or delegate such duties to the
administrator;
(h) approve all training programs for attendants,
instructor-coordinators and training officers and prescribe application fees by
rules and regulations;
(i) approve methods of examination
for certification of attendants, training officers and instructor-coordinators
and prescribe examination fees by rules and regulations;
(j) appoint a medical consultant for the board. Such person shall be a person licensed to
practice medicine and surgery and shall be active in the field of emergency
medical services; and
(k) approve providers of training by prescribing standards
and requirements by rules and regulations and withdraw or modify such approval
in accordance with the
History: L. 1988, ch. 261, 11; L. 1993, ch. 71, 2;
L. 1998, ch. 133, 3; July 1.
Source
or prior law: 65-4315, 65-4316.
65-6112 Definitions. As used in this act:
(a)
“Administrator” means the administrator of the emergency medical services
board.
(b)
“Ambulance” means any privately or publicly owned motor vehicle, airplane or
helicopter designed, constructed, prepared and equipped for use in transporting
and providing emergency care for individuals who are ill or injured.
(c)
“Ambulance service” means any organization operated for the purpose of
transporting sick or injured persons to or from a place where medical care is
furnished, whether or not such persons may be in need of emergency or medical
care in transit.
(d)
“Attendant” means a first responder, emergency medical technician, emergency
medical technician-intermediate, emergency medical technician-defibrillator or
a mobile intensive care technician certified pursuant to this act.
(e)
“Board” means the emergency medical services board established pursuant to
K.S.A. 65-6102, and amendments thereto.
(f)
“Emergency medical service” means the effective and coordinated delivery of
such care as may be required by an emergency which includes the care and
transportation of individuals by ambulance services and the performance of
authorized emergency care by a physician, professional nurse, a licensed
physician assistant or attendant.
(g)
“Emergency medical technician” means a person who holds an emergency medical
technician certificate issued pursuant to this act.
(h)
“Emergency medical technician-defibrillator” means a person who holds an
emergency medical technician defibrillator certificate issued pursuant to this
act.
(i) “Emergency medical technician-intermediate” means a
person who holds an emergency medical technician intermediate certificate
issued pursuant to this act.
(j)
“First responder” means a person who holds a first responder certificate issued
pursuant to this act.
(k)
“Hospital” means a hospital as defined by K.S.A. 65-425, and amendments thereto.
(l)
“Instructor-coordinator” means a person who is certified under this act to
teach initial courses of certification of instruction and continuing education
classes.
(m)
“Medical adviser” means a physician.
(n)
“Medical protocols” mean written guidelines which authorize attendants to
perform certain medical procedures prior to contacting a physician, or
professional nurse authorized by a physician. These protocols shall be developed and
approved by a county medical society or, if there is no county medical society,
the medical staff of a hospital to which the ambulance service primarily
transports patients.
(o)
“Mobile intensive care technician” means a person who holds a mobile intensive
care technician certificate issued pursuant to this act.
(p)
“Municipality” means any city, county, township, fire district or ambulance
service district.
(q)
“Nonemergency transportation” means the care and
transport of a sick or injured person under a foreseen combination of
circumstances calling for continuing care of such person. As used in this subsection, transportation
includes performance of the authorized level of services of the attendant
whether within or outside the vehicle as part of such transportation services.
(r)
“Operator” means a person or municipality who has a permit to operate an
ambulance service in the state of
(s)
“Person” means an individual, a partnership, an association, a joint-stock
company or a corporation.
(t)
“Physician” means a person licensed by the state board of healing arts to
practice medicine and surgery.
(u)
“Physician assistant” means a person who is licensed under the physician
assistant licensure act and who is acting under the direction of a responsible
physician.
(v)
“Professional nurse” means a licensed professional nurse as defined by K.S.A. 65-1113, and amendments thereto.
(w)
“Provider of training” means a corporation, partnership, accredited
postsecondary education institution, ambulance service, fire department,
hospital or municipality that conducts training programs that include, but are
not limited to, initial courses of instruction and continuing education for
attendants, instructor-coordinators or training officers.
(x)
“Responsible physician” means responsible physician as such term is defined
under K.S.A. 65-28a02 and amendments thereto.
(y)
“Training officer” means a person who is certified pursuant to this act to
teach initial courses of instruction for first responders and continuing
education as prescribed by the board.
History: L. 1988, ch. 261, 12; L. 1990, ch. 235, 2;
L. 1991, ch. 203, 1; L. 1993, ch.
71, 3; L. 1994, ch. 154, 1; L. 1998, ch. 133, 4; L. 2000, ch. 162, 23;
L. 2001, ch. 31, 4; July 1.
Source
or prior law: 65-4301, 65-4314, 65-4339.
Attorney
General’s Opinions:
Mobile
intensive care technicians; authorized activities. 90-134.
Operation and maintenance of emergency medical
and ambulance services; public bid-letting. 93-31.
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
(a) Perform all the authorized activities
identified in K.S.A. 65-6121, and amendments thereto;
(b) perform cardiopulmonary resuscitation and
defibrillation;
(c)
when voice contact or a telemetered electrocardiogram
is monitored by a physician, physician’s assistant where authorized by a
physician or licensed professional nurse where authorized by a physician and
direct communication is maintained, and upon order of such person may
administer such medications or procedures as may be deemed necessary by a
person identified in subsection (c);
(d)
perform, during an emergency, those activities specified in subsection (c)
before contacting a person identified in subsection (c) when specifically
authorized to perform such activities by medical protocols; and
(e) perform, during nonemergency transportation, those activities specified in this section when specifically
authorized to perform such activities by medical protocols.
History: L. 1988, ch. 261, 19; L. 1991, ch. 203, 2;
L. 1994, ch. 154, 2; L. 1998, ch.
133, 5; July 1.
Source
or prior law: 65-4306.
Research
and Practice Aids:
Physicians
and Surgeons 6(1).
C.J.S. Physicians, Surgeons, and Other
Health-Care Providers 2 to 15, 28.
Attorney
General’s Opinions:
Mobile
intensive care technicians; authorized activities. 90-134.
65-6120 Emergency medical technician-intermediate;
authorized activities. Notwithstanding any other provision of law to
the contrary, an emergency medical technician-inter-mediate may:
(a)
Perform any of the activities identified by K.S.A. 65-6121, and amendments
thereto;
(b)
when approved by medical protocols and where voice contact by radio or
telephone is monitored by a physician, physician's assistant where authorized
by a physician or licensed professional nurse where authorized by a physician,
and direct communication is maintained, upon order of such person, may perform veni-puncture for the purpose of blood sampling collection
and initiation and maintenance of intravenous infusion of saline solutions,
dextrose and water solutions or ringers lactate IV solutions, endotracheal
intubation and administration of nebulized albuterol;
(c)
perform, during an emergency, those activities specified in subsection (b)
before contacting the persons identified in subsection (b) when specifically
authorized to perform such activities by medical protocols; or
(d) perform, during nonemergency transportation, those activities specified in this section when specifically
authorized to perform such activities by medical protocols.
History: L. 1988, ch. 261, 20; L. 1991, ch. 203, 3;
L. 1994, ch. 154, 3; L. 1998, ch.
133, July 1.
Source
or prior law: 65-4306a.
Cross
References to Related Sections:
Certification
in use of automated defibrillators, see 65-6149.
Research
and Practice Aids:
Physicians
and Surgeons 6(1).
C.J.S. Physicians, Surgeons, and Other
Health-Care Providers 2 to 15, 28.
65-6121 Emergency medical technician; authorized
activities. Notwithstanding any
other provision of law to the contrary, an emergency medical technician may
perform any of the following activities:
(a)
Patient assessment and vital signs;
(b) airway maintenance including the use of:
(1) Oropharyngeal and nasopharyngeal airways;
(2) esophageal obturator airways
with or without gastric suction device;
(3) multi-lumen airway; and
(4) oxygen demand valves.
(c)
Oxygen therapy;
(d) oropharyngeal suctioning;
(e) cardiopulmonary resuscitation procedures;
(f) control accessible bleeding;
(g) apply pneumatic anti-shock garment;
(h) manage outpatient medical emergencies;
(i) extricate patients and utilize
lifting and moving techniques;
(j) manage musculoskeletal and soft tissue injuries
including dressing and bandaging wounds or the splinting of fractures,
dislocations, sprains or strains;
(k) use of backboards to immobilize the spine;
(l) administer syrup of ipecac, activated charcoal and
glucose;
(m) monitor peripheral intravenous line delivering
intravenous fluids during interfacility transport
with the following restrictions:
(1)
The physician approves the transfer by an emergency medical technician;
(2) no medications or nutrients have been added to the
intravenous fluids; and
(3) the emergency medical technician may monitor, maintain
and shut off the flow of intravenous fluid;
(n) use automated external defibrillators;
(o) administer epinephrine auto-injectors provided that:
(1)
The emergency medical technician successfully completes a course of instruction
approved by the board in the administration of epinephrine; and
(2) the emergency medical technician serves with an
ambulance service or a first response organization that provides emergency
medical services; and
(3) the emergency medical technician is acting pursuant to
medical protocols;
(p) perform, during nonemergency transportation, those activities specified in this section when specifically
authorized to perform such activities by medical protocols; or
(q) when authorized by medical protocol, assist the
patient in the administration of the following medications which have been
prescribed for that patient: Auto-injection
epinephrine, sublingual nitroglycerin and inhalers for asthma and emphysema.
History: L. 1988, ch. 261, 21; L. 1990, ch. 235, L.
1991, ch. 203, 4; L. 1994, ch.
154, 4; L. 1998, ch. 133, 7; L. 2002, ch. 203, 2; July 1.
Source
or prior law: 65-4306b.
Cross
References to Related Sections:
Certification
in use of automated defibrillators, see 65-6149.
Research
and Practice Aids:
Physicians
and Surgeons 6(1).
C.J.S. Physicians, Surgeons, and Other
Health-Care Providers 2 to 15, 28.
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;
authorized activities. Notwithstanding any other provision of law to
the contrary, an emergency medical technician-defibrillator may:
(a)
Perform any of the activities identified in K.S.A. 65-6121, and amendments
thereto;
(b)
when approved by medical protocols and where voice contact by radio or
telephone is monitored by a physician, physician’s assistant where authorized
by a physician or licensed professional nurse where authorized by a physician,
and direct communication is maintained, upon order of such person, may perform electrocardiographic monitoring and defibrillation;
(c)
perform, during an emergency, those activities specified in subsection (b)
before contacting the persons identified in subsection (b) when specifically
authorized to perform such activities by medical protocols; or
(d) perform, during nonemergency transportation, those activities specified in this section when specifically
authorized to perform such activities by medical protocols.
History: L. 1988, ch. 261, 23; L. 1991, ch. 203, 6;
L. 1994, ch. 154, 5; L. 1998, ch.
133, 8; July 1.
Source
or prior law: 65-4306d.
Cross
References to Related Sections:
Certification
in use of automated defibrillators, see 65-6149.
Research
and Practice Aids:
Physicians
and Surgeons 6(1).
C.J.S. Physicians, Surgeons, and Other
Health-Care Providers 2 to 15, 28.
65-6124 Limitations on liability. (a) No physician, physician’s assistant or licensed
professional nurse, who gives emergency instructions to a mobile intensive
care technician, emergency medical technician-defibrillator or emergency medical
technician-intermediate 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 mobile intensive care technician, emergency medical technician-defibrillator
or emergency medical technician-intermediate who renders emergency care during
an emergency pursuant to instructions given by a physician, the responsible
physician for a physician's assistant or licensed professional nurse shall be
liable for civil damages as a result of implementing such instructions, except
such damages which may result from gross negligence or by willful or wanton
acts or omissions on the part of such mobile intensive care technician,
emergency medical technician-
defibrillator or emergency medical
technician-intermediate rendering such emergency care.
(c)
No first responder who renders emergency care during an emergency shall be
liable for civil damages as a result of rendering such emergency care, except
for such damages which may result from gross negligence or from willful or
wanton acts or omissions on the part of the first responder rendering such
emergency care.
(d)
No person certified as an instructor-coordinator and no training officer shall
be liable for any civil damages which may result from such
instructor-coordinator's or training officer's course of instruction, except
such damages which may result from gross negligence or by willful or wanton acts
or omissions on the part of the instructor-
coordinator or training officer.
(e)
No medical adviser who reviews, approves and monitors
the activities of attendants shall be liable for any civil damages as a result
of such review, approval or monitoring, except such damages which may result
from gross negligence in such review, approval or monitoring.
History: L. 1988, ch. 261, 24; L. 1989, ch. 205, 1;
L. 1993, ch. 71, 4; L. 1998, ch.
133, 9; July 1.
Source
or prior law: 65-4307.
Research
and Practice Aids:
Physicians
and Surgeons 16.
C.J.S.
Physicians, Surgeons, and Other Health-Care Providers 70, 81 to 86, 97 to 102.
65-6125 Unlawful to operate ambulance
service without a permit. It shall be unlawful
for any person or municipality to operate an ambulance service within this
state without obtaining a permit pursuant to this act.
History: L. 1988, ch. 261, 25; April 14.
Source
or prior law: 65-4317.
Attorney
General’s Opinions:
Permit to operate ambulance service;
applicability to state institution operating ambulance service. 92-77.
65-6126 Medical adviser. Each emergency medical service shall have a
medical adviser appointed by the operator of the service to review, approve
and monitor the activities of the attendants. The board may approve an alternative procedure
for medical oversight if no medical adviser is available.
History: L. 1988, ch. 261, 26; L. 1990, ch. 235, 4;
July 1.
Source
or prior law: 65-4317.
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; forms;
requirements; temporary certificates; authorized activities of applicants
for certification; disposition of fees; renewal of certificate; continuing
education. (a) Application for an attendant's certificate
shall be made to the board upon forms provided by the administrator. The board
may grant an attendant’s certificate if the applicant meets the following
requirements:
(1)
(A) Has made application within one year from the date of the last class of a
course of instruction approved by the board for the classification of
attendant's certificate for which application has been made; and
(B) has completed successfully such course of instruction,
passed an examination prescribed by the board and paid a fee prescribed by the
board; or
(2)
has completed successfully a course of instruction or training accredited by
the commission on accreditation of allied health education programs, a program
of instruction or training offered by the armed forces of the United States or
a program of instruction completed in another state that is equivalent to a
program approved by the board for the class of attendant's certificate applied
for, passed an examination prescribed by the board and paid a fee prescribed by
the board.
(b)
The board shall not grant an initial emergency medical technician-intermediate
certificate, an initial emergency medical technician-defibrillator certificate or
an initial mobile intensive care technician certificate unless the applicant
for such an initial certificate is certified as an emergency medical
technician.
(c)
On and after
(d) (1) The emergency medical services board may issue a
temporary certificate to any person who has not qualified for an attendant's
certificate under paragraph (1) or (2) of subsection (a) when:
(A)
The operator for whom such person serves as an attendant requests a temporary
certificate for that person; and
(B) such person meets or exceeds certain minimum
requirements prescribed by the board by rules and regulations.
(2)
A temporary certificate shall be effective for one year from the date of its
issuance or until the person has qualified as an attendant under paragraph (1)
or (2) of subsection (a), whichever comes first. A temporary certificate shall not be renewed
and shall be valid only while an attendant works for the operator requesting
the temporary certificate. A person
holding a temporary certificate as an emergency medical technician shall not be
eligible to apply for certification as an emergency medical
technician-intermediate, emergency medical technician-defibrillator or a mobile
intensive care technician.
(e)
(1) Upon request by an operator to the board and upon approval by the board of
such request, an applicant for certification may perform activities that are
within the authorized activities of the certification level applied for,
provided that the applicant:
(A)
Has successfully completed the appropriate course of instruction for the level
applied for;
(B) serves with the ambulance service identified in this
subsection (e); and
(C) is practicing under the direct supervision of a
physician, physician assistant, professional nurse or an attendant who is at or
above the certification level for which the applicant has applied.
(2)
The authority to perform activities under this subsection (e) shall terminate
120 days from the date of the last class or until the results of the first
examination are received by the board, whichever comes first. Such authority to practice shall not be
renewed and shall be valid only while the applicant serves with the ambulance
service identified in this subsection (e).
(f)
All fees received pursuant to the provisions of this section shall be remitted
to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and
amendments thereto. Upon receipt of each
such remittance, the state treasurer shall deposit the entire amount in the
state treasury to the credit of the state general fund.
(g)
If a person who was previously certified as an attendant applies for an
attendant’s certificate within two years of the date of the certificate’s
expiration, the board may grant a certificate without the person completing a
course of instruction or passing an examination if the person has completed
continuing education requirements and has paid a fee prescribed by rules and
regulations.
History: L. 1988, ch. 261, 29; L. 1990, ch. 236, 1;
L. 1991, ch. 203, 7; L. 1993, ch.
71, 5; L. 1998, ch. 133, 11; L. 2000, ch. 117, 2; L. 2001, ch. 5, 267;
L. 2002, ch. 203, 1; July 1.
Source
or prior law: 65-4321.
Research
and Practice Aids:
Physicians
and Surgeons 5(1).
C.J.S. Physicians, Surgeons, and Other
Health-Care Providers 12, 13, 18.
Attorney
General’s Opinions:
Emergency medical services board; rules and
regulations; implementation of policy. 89-134.
Attendants’ certificates; forms; requirements;
renewal; temporary certificates; fees. 90-12.
65-6129a Supervision of students or attendants
during training and continuing education. (a) While engaged in a course of training or
continuing education approved by the board within a medical care facility,
a student or attendant engaged in such training or continuing education shall
be under the supervision of a physician or a professional nurse. While engaged in training or continuing education
in emergency or nonemergency transportation outside
a medical care facility, a student or attendant shall be under the direct
supervision of an attendant who is at the minimum certified to provide the
level of care for which the student is seeking certification or the attendant
receiving the training is certified or shall be under the direct supervision
of a physician or a professional nurse.
(b)
Nothing in the provisions of article 61 of chapter 65 of the Kansas Statutes
Annotated or acts amendatory of the provisions thereof or supplemental thereto
shall be construed to preclude the provision of authorized activities by
students enrolled in a training program while engaged in such program.
History: L. 1991, ch. 203, 8; L. 1998, ch. 133, 12;
July 1.
65-6129b Instructor-coordinator’s certificate;
application; requirements; disposition of fees; renewal of certificate. (a) Application for an instructor-coordinator’s
certificate shall be made to the board upon forms provided by the administrator. The board may grant an instructor-coordinator's
certificate to an attendant who: (1) Has served as an attendant in the emergency
medical services field during the preceding 12 months prior to applying for
such certificate; (2) has made application within one year after successfully
completing the training, approved by the board, in instructing and coordinating
attendant training programs; (3) has passed an examination prescribed by the
board; and (4) has paid a fee as prescribed by rules and regulations of the
board.
(b)
The board may grant an instructor-coordinator's certificate to a physician or a
professional nurse who: (1) Has made application within one year after successfully
completing the training, approved by the board, in instructing and coordinating
attendant training programs; (2) has passed an examination prescribed by the
board; and (3) has paid a fee as prescribed by rules and regulations of the
board.
(c)
An instructor-coordinator’s certificate shall expire on the expiration date of
the attendant’s certificate if the instructor-coordinator is an attendant or on
the expiration date of the physician’s or professional nurse’s license if the
instructor is a physician or professional nurse. An instructor-coordinator’s certificate may be
renewed for the same period as the attendant’s certificate or the physician’s
or professional nurse’s license upon payment of a fee as prescribed by rule and
regulation of the board and upon presentation of satisfactory proof that the
instructor-coordinator has successfully completed continuing education as
prescribed by the board. The board may
prorate to the nearest whole month the fee fixed under this subsection as
necessary to implement the provisions of this subsection.
(d)
An instructor-coordinator’s certificate may be denied, revoked, limited,
modified or suspended by the board or the board may refuse to renew such
certificate if such individual:
(1)
Does not hold an attendants certificate or a physician’s or professional nurse’s
license;
(2) has made misrepresentations intentionally in obtaining
a certificate or renewing a certificate;
(3) has demonstrated incompetence or engaged in
unprofessional conduct as defined by rules and regulations adopted by the
board;
(4) has violated or aided and abetted in the violation of
any provision of this act or rules and regulations adopted by the board; or
(5) has been convicted of any state or federal crime that
is related substantially to the qualifications, functions and duties of an
instructor-coordinator or any crime punishable as a felony under any state or
federal statute, and the board determines that such individual has not been
sufficiently rehabilitated to warrant the public trust. A conviction means a plea of guilty, a plea of nolocontendere or a verdict of guilty. The board may take disciplinary action
pursuant to this section when the time for appeal has elapsed, or after the
judgment of conviction is affirmed on appeal or when an order granting
probation is made suspending the imposition of sentence.
(e)
The board may limit, modify, revoke or suspend a certificate or the board may
refuse to renew such certificate in accordance with the provisions of the
(f)
All fees received pursuant to this section shall be remitted to the state
treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments
thereto. Upon receipt of each such
remittance, the state treasurer shall deposit the entire amount in the state
treasury to the credit of the state general fund.
(g)
If a person who was previously certified as an instructor-coordinator applies
for an instructor-coordinator certificate within two years of the date of its
expiration, the board may grant a certificate without the person completing the
training or passing an examination if the person complies with the other
provisions of subsection (a) or (b) and completes continuing education
requirements prescribed by the board.
History: L. 1991, ch. 203, 9; L. 1998, ch.
133, 13; L. 2000, ch. 117, 3; L. 2001, ch. 5, 268; July 1.
65-6129c Training officer’s certificate;
application; requirements; renewal; denial, revocation, suspension. (a) Application for a training officer’s certificate
shall be made to the emergency medical services board upon forms provided
by the administrator. The board may
grant a training officer’s certificate to an applicant who: (1) Is an emergency
medical technician, emergency medical technician-intermediate, emergency medical
technician-defibrillator, mobile intensive care technician, physician 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 or professional nurse’s license if the
training officer is a physician or professional nurse. A training officer’s certificate may be
renewed for the same period as the attendant’s certificate or the physician’s
or professional nurse’s license upon payment of a fee as prescribed by rules
and regulations and upon presentation of satisfactory proof that the training
officer has successfully completed continuing education prescribed by the board
and is certified as an emergency medical technician, emergency medical
technician-intermediate, emergency medical technician-defibrillator,
mobile-intensive care technician, physician or professional nurse. The board may prorate to the nearest whole
month the fee fixed under this subsection as necessary to implement the
provisions of this subsection.
(c)
A training officer’s certificate may be denied, revoked, limited, modified or
suspended by the board or the board may refuse to renew such certificate if
such individual:
(1)
Fails to maintain certification or licensure as an emergency medical
technician, emergency medical technician-intermediate, emergency medical
technician-defibrillator, mobile intensive care technician, physician or
professional nurse;
(2) fails to maintain support of appointment by a provider
of training;
(3) fails to successfully complete continuing education;
(4) has made intentional misrepresentations in obtaining a
certificate or renewing a certificate;
(5) has demonstrated incompetence or engaged in unprofessional
conduct as defined by rules and regulations adopted by the board;
(6) has violated or aided and abetted in the violation of
any provision of this act or the rules and regulations promulgated by the
board; or
(7) has been convicted of any state or federal crime that
is related substantially to the qualifications, functions and duties of a
training officer or any crime punishable as a felony under any state or federal
statute and the board determines that such individual has not been sufficiently
rehabilitated to warrant public trust. A
conviction means a plea of guilty, a plea of nolocontendere or a verdict of guilty. The board may
take disciplinary action pursuant to this section when the time for appeal has
elapsed, or after the judgment of conviction is affirmed on appeal or when an
order granting probation is made suspending the imposition of sentence.
(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
(e)
If a person who previously was certified as a training officer applies for a
training officer’s certificate within two years of the date of its expiration,
the board may grant a certificate without the person completing an initial
course of training or taking an examination if the person complies with the
other provisions of subsection (a) and completes continuing education
requirements.
History: L. 1998, ch. 133, 17; L. 2000, ch. 117, 4;
July 1.
65-6130 Inspections; subpoenas of records;
maintenance of records; personnel. The
board may inquire into the operation of ambulance services and the conduct
of attendants, and may conduct periodic inspections of facilities, communications
services, materials and equipment at any time without notice. The board may issue subpoenas to compel an operator
holding a permit to make access to or for the production of records regarding
services performed and to furnish such other information as the board may
require to carry out the provisions of this act to the same extent and subject
to the same limitations as would apply if the subpoenas were issued or served
in aid of a civil action in the district court. A copy of such records shall be kept in the operator's
files for a period of not less than three years. The board also may require operators to submit
lists of personnel employed and to notify the board of any changes in personnel
or in ownership of the ambulance service.
History: L. 1988, ch. 261, 30; April 14.
Source
or prior law: 65-4322.
65-6131 Municipalities; licensing and
regulating ambulance services. Nothing
in this act shall be construed to preclude any municipality from licensing
and regulating ambulance services located within its jurisdiction, but any
licensing requirements or regulations imposed by a municipality shall be in
addition to and not in lieu of the provisions of this act and the rules and
regulations promulgated thereunder.
History: L. 1988, ch. 261, 31; April 14.
Source
or prior law: 65-4323.
65-6132 Denial, revocation, limitation,
modification or suspension of operator’s permit; hearing. (a) An operator’s permit may be denied, revoked,
limited, modified or suspended by the board upon proof that such operator
or any agent or employee thereof:
(1)
Has been guilty of misrepresentation in obtaining the permit or in the
operation of the ambulance service;
(2)
has engaged or attempted to engage in, or represented themselves as entitled to
perform, any ambulance service not authorized in the permit;
(3)
has demonstrated incompetence as defined by rules and regulations adopted by
the board or has shown themselves otherwise unable to provide adequate
ambulance service;
(4) has failed to keep and maintain the records required
by the provisions of this act, or the rules and regulations promulgated thereunder, or has failed to make reports when and as
required;
(5) has knowingly operated faulty or unsafe equipment; or
(6) has violated or aided and abetted in the violation of
any provision of this act or the rules and regulations promulgated thereunder.
(b)
The board shall not limit, modify, revoke or suspend any operator’s permit
pursuant to this section without first conducting a hearing in accordance with
the provisions of the administrative procedure act.
History: L. 1988, ch. 261, 32; L. 1990, ch. 235,
July 1.
Source
or prior law: 65-4325.
Research
and Practice Aids:
Physicians
and Surgeons 11 et seq.
C.J.S. Physicians, Surgeons, and Other
Health-Care Providers 35.
65-6133 Denial, revocation, limitation,
modification or suspension of attendant’s or instructor-coordinator’s certificate;
hearing. (a) An attendant's or instructor-coordinator’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 promulgated thereunder;
(5) has been convicted of a felony and, after
investigation by the board, it is determined that such person has not been
sufficiently rehabilitated to warrant the public trust;
(6)
has demonstrated an inability to perform authorized activities with reasonable
skill and safety by reason of illness, alcoholism, excessive use of drugs,
controlled substances or any physical or mental condition; or
(7) has engaged in unprofessional conduct, as defined by
rules and regulations adopted by the board.
(b)
The board may limit, modify, revoke or suspend an attendant’s or
instructor-coordinator’s certificate or the board may refuse to renew such
certificate in accordance with the provisions of the
History: L. 1988, ch. 261, 33; L. 1990, ch. 235, 6;
L. 1998, ch. 133, 14; July 1.
Source
or prior law: 65-4325.
Research
and Practice Aids:
Physicians
and Surgeons 11 et seq.
C.J.S. Physicians, Surgeons, and Other Health-Care
Providers 35.
Attorney
General’s Opinions:
Attendants’ certificates; forms; requirements;
renewal; temporary certificates; fees. 90-12.
65-6134 Temporary limitation or restriction
of operator’s permit; hearing. An
operator’s permit may be temporarily limited or restricted by the board, pending
a hearing, upon receipt of a complaint indicating the public health, safety
or welfare to be in imminent danger. If an inspection proves the complaint to be invalid,
or that the cause therefore has been corrected, the limitation or restriction
shall be terminated.
Proceedings
under this section may be initiated by the board or by any person filing
written charges with the board. The
board shall not limit nor restrict any permit pursuant to this section without
first conducting a hearing in accordance with the provisions of the
History: L. 1988, ch. 261, 34; April 14.
Source
or prior law: 65-4325.
65-6135 Ambulance services; hours of
operation; persons providing emergency care. (a)
All ambulance services providing emergency care as defined by the rules and
regulations adopted by the board shall offer service 24 hours per day every
day of the year.
(b)
Whenever an operator is required to have a permit, at least one person on each
vehicle providing emergency medical service shall be an attendant certified as
an emergency medical technician, emergency medical technician-intermediate,
emergency medical technician-defibrillator, a mobile intensive care technician,
a physician, a licensed physician assistant or a professional nurse.
History: L. 1988, ch. 261, 35; L. 1989, ch. 205, 2;
L. 1998, ch. 133, 15; L. 2000, ch.
162, 24;
Source
or prior law: 65-4326.
Attorney
General’s Opinions:
Emergency health services--ambulance services;
personnel. 89-2.
65-6136 Scope of act. (a) Nothing in this act shall be construed:
(1)
To prevent the operation of a police emergency vehicle;
(2) to affect any statute or regulatory authority vested
in the department of transportation concerning automotive equipment and safety
requirements;
(3)
to prohibit any privately owned vehicles and aircraft not ordinarily used in
the ambulance service business from transporting persons who are sick, injured,
wounded or otherwise incapacitated or helpless;
(4)
to prevent any vehicle from being pressed into service as an ambulance when the
operator determines an emergency exists and provides written notification to
the board within 72 hours after the use of such vehicle; or
(5)
to prohibit any ambulance lawfully operating under the laws of a state
adjoining Kansas from providing emergency transportation of a patient from a
municipality not otherwise served by an ambulance service located in Kansas to
a location within or outside the state of Kansas when the governing body of
such municipality declares a hardship. The
governing body or board shall notify the board 30 days prior to the initiation
of such out-of-state service.
(b)
Ambulances owned and operated by an agency of the
(c)
Any ambulance based outside of this state receiving a patient within the state
for transportation to a location within this state or receiving a patient
within this state for emergency transportation to a location outside this state
shall comply with the provisions of this act except when such ambulance is
rendering service in the case of a major catastrophe, such ambulance is making
a prearranged hospital-to-hospital transfer or except as otherwise provided by
rules and regulations adopted by the board.
History: L. 1988, ch. 261, 36; L. 1990, ch. 235, 7;
July 1.
Source
or prior law: 65-4327.
Attorney
General’s Opinions:
Permit to operate ambulance service;
applicability to state institution operating ambulance service. 92-77.
65-6137 Violations; misdemeanor. Any person violating any provision of this act
or any rule and regulation issued hereunder shall be deemed guilty of a class
B misdemeanor.
History: L. 1988, ch. 261, 37; April 14.
Source
or prior law: 65-4328.
65-6138 Emergency medical services communications
system; establishment; medical communications centers; purpose. In order to provide adequate emergency medical
care for the people of this state, the emergency medical services board is
hereby authorized to establish, maintain and operate an emergency medical
services communications system, subject to approval by the secretary of administration
under K.S.A. 75-4709, and amendments thereto. The emergency medical services board shall establish
communication centers, to be known as medical communications centers, in various
locations in the state to be determined by the emergency medical services
board, for the purposes of receiving requests for emergency medical assistance
and for coordinating the activities of ambulances with medical care facilities
and other emergency public safety agencies. Subject to approval by the secretary of administration
under K.S.A. 75-4709, and amendments thereto, the emergency medical services
board may provide mobile radio units to ambulance services, as hereinafter
provided, which will provide such ambulance services with direct communication
to or from medical communication centers established for such purpose.
History: L. 1988, ch. 261, 38; April 14.
Source
or prior law: 65-4329.
Attorney
General’s Opinions:
Cities
and municipalities; emergency telephone services; cost distribution. 92-98.
65-6139 Same; contracts with state agencies
or political subdivisions; requirements; equipment to remain property of state. For the purpose of establishing, operating and
maintaining the emergency medical services communications system, the board
may enter into contracts with any state agency, and any such agency is authorized
to contract for such purpose with the board. The board also may enter into contracts or other
agreements with any city, county, township, fire district or hospital district,
or any person, firm or corporation for the establishment of an emergency medical
services communications system or the establishment or operation of any part
thereof including placement, operation and maintenance of equipment. In
accordance with the authority of the secretary of administration under K.S.A.
75-4709, and amendments thereto, all contracts entered into by the board under
this section shall be subject to approval by the secretary of administration.
Any
contract or agreement for the placement or operation of equipment with any
ambulance service shall provide that the person, firm, corporation or
municipality operating such ambulance service shall maintain such equipment in
accordance with terms and conditions established by the board. The contracts, agreements or contracts for the
placement of equipment in medical communication centers shall provide that such
equipment shall only be used for the purpose of operating the emergency medical
services communications system and that the board or the board's designated
agent may inspect such equipment at any time. Ownership of any such equipment shall remain
with the state and any contracts for the placement of such equipment may be
withdrawn or canceled at any time, at the option of the board and the secretary
of administration under K.S.A. 75-4709, and amendments thereto.
History: L. 1988, ch. 261, 39; April 14.
Source
or prior law: 65-4330.
65-6140 Same; acceptance of moneys and
acquisition of property. For the purposes of
establishing, operating and maintaining an emergency medical services communications
system, the emergency medical services board may accept any grant of money
or property, including any federal moneys available therefore. Within the limits of appropriations available
therefore and subject to approval by the secretary of administration under
K.S.A. 75-4709, and amendments thereto, the emergency medical services board
may acquire, in the name of the state, any equipment necessary for such communications
system.
History: L. 1988, ch. 261, 40; April 14.
Source
or prior law: 65-4331.
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 Same; authorized activities. A first responder may perform any of the following
activities:
(a)
Initial scene management including, but not limited to, gaining access to the
individual in need of emergency care, extricating, lifting and moving the
individual;
(b) cardiopulmonary resuscitation and airway management;
(c) control of bleeding;
(d) extremity splinting excluding traction splinting;
(e) stabilization of the condition of the individual in
need of emergency care;
(f) oxygen therapy;
(g) use of oropharyngeal airways;
(h) use of bag valve masks;
(i) use automated external
defibrillators; and
(j) other techniques of preliminary care a first responder
is trained to provide as approved by the board.
History: L. 1988, ch. 261, 44; L. 1994, ch. 154, 6;
L. 1998, ch. 133, 16; July 1.
Source
or prior law: 65-4344.
65-6145 Same; limitations of act. Nothing in this act shall be construed: (a)
To preclude any municipality from licensing or otherwise regulating first
responders operating within its jurisdiction, but any licensing requirements
or regulations imposed by a municipality shall be in addition to and not in
lieu of the provisions of this act and the rules and regulations adopted pursuant
to this act;
(b) to preclude any person certified as an attendant from
providing emergency medical services to persons requiring such services; or
(c) to preclude any individual who is not a certified
first responder from providing assistance during an emergency so long as such
individual does not represent oneself to be a certified first responder.
History: L. 1988, ch. 261, 45; April 14.
Source
or prior law: 65-4345.
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.
History: L. 1988, ch. 261, 47; Repealed, L. 1993, ch.
71, 8; July 1.
Source
or prior law: 65-4348.
History: L. 1988, ch. 226, 1; L. 1988, ch. 253, 2;
Repealed, L. 1998, ch. 133, 19; July 1.
History: L. 1988, ch. 226, 2; L. 1988, ch. 253, 3;
L. 1990, ch. 235, 10; L. 1993, ch. 71, ;6; L. 1994, ch. 154, 7;
Repealed, L. 1998, ch. 133, 19; July 1.
65-6149a Automated external defibrillator;
use by qualified persons. (a) An automated external
defibrillator may be used by any qualified person.
(c) (1) Any qualified person who gratuitously and in good faith renders emergency care or treatment by the use of or provision of an automated external defibrillator shall not be held liable for any civil damages as a result of such care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment where the person acts as an ordinary reasonably prudent person would have acted under the same or similar circumstances.
(2) No person or entity which owns, leases, possesses or otherwise controls an automated external defibrillator and provides such automated external defibrillator to others for use shall be held liable for any civil damages as a result of such use where the person or entity which owns, leases, possesses or otherwise controls the automated external defibrillator has developed, implemented and follows guidelines to ensure proper maintenance and operation of the device and reasonably expects the automated external defibrillator to be used by a qualified person.
(3) No person licensed to practice medicine and surgery who pursuant to a prescription order authorizes the acquisition of an automated external defibrillator or participates in the development of usual and customary protocols for an automated external defibrillator by a person or entity which owns, leases, possesses or otherwise controls such automated external defibrillator and provides such automated external defibrillator for use by others shall be held liable for any civil damages as a result of such use.
(4) No person or entity which provides a training program for cardiopulmonary resuscitation that includes training in the use of automated external defibrillators shall be held liable for any civil damages as a result of such training or use if such person or entity has provided such training in a manner consistent with the usual and customary standards for the providing of such training.
(d) Pursuant to the provisions of this subsection, persons or entities which purchase or otherwise acquire an automated external defibrillator shall notify the emergency medical service which operates in the geographic area of the location of the automated external defibrillator. Persons or entities acquiring an automatic external defibrillator shall notify the emergency medical service providing local service on forms developed and provided by the emergency medical services board.
(e) The secretary of administration, in conjunction with the Kansas highway patrol, shall develop guidelines for the placement of automated external defibrillators in state owned or occupied facilities. The guidelines shall include, but not be limited to:
(1) Which state owned or occupied facilities should have automated external defibrillators readily available for use;
(2) recommendations for appropriate training courses in cardiopulmonary resuscitation and automated external defibrillators use;
(3) integration with existing emergency response plans;
(4) proper maintenance and testing of the devices;
(5) coordination with appropriate professionals in the oversight of training; and
(6) coordination with local emergency medical services regarding placement and conditions of use.
Nothing in this subsection shall be construed to require the state to purchase automated external defibrillators.
65-6150 Unlawful acts. (a) It shall be unlawful for any individual
to represent oneself as an attendant or instructor-coordinator unless such
individual holds a valid certificate as such under this act.
(b)
Any violation of subsection (a) shall constitute a class B misdemeanor.
History: L. 1990, ch. 235, 8; July 1.
65-6151 Emergency medical services operating
fund. There is hereby created in the state treasury
an emergency medical services operating fund. Expenditures from the emergency medical services
operating fund shall be made in accordance with appropriation acts upon warrants
of the director of accounts and reports issued pursuant to vouchers approved
by the chairperson of the emergency medical services board or by a person
or persons designated by such chairperson.
History: L. 1992, ch. 315, 13; July 1.