SB 243--Am. by SCW
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[As Amended by Senate Committee of the
Whole]
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As Amended by Senate Committee
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Session of 1997
SENATE BILL No. 243
By Committee on Public Health and Welfare
2-10
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12 AN ACT concerning emergency medical services; amending K.S.A. 1996
13 Supp. 65-6112, 65-6119, 65-6120, 65-6123 and 65-6124 and repealing
14 the existing sections.
15
16 Be it enacted by the Legislature of the State of Kansas:
17 Section 1. K.S.A. 1996 Supp. 65-6112 is hereby amended to read as
18 follows: 65-6112. As used in this act:
19 (a) ``Administrator'' means the administrator of the emergency med-
20 ical services board.
21 (b) ``Ambulance'' means any privately or publicly owned motor ve-
22 hicle, airplane or helicopter designed, constructed, prepared and
23 equipped for use in transporting and providing emergency care for in-
24 dividuals who are ill or injured.
25 (c) ``Ambulance service'' means any organization operated for the
26 purpose of transporting sick or injured persons to or from a place where
27 medical care is furnished, whether or not such persons may be in need
28 of emergency or medical care in transit.
29 (d) ``Attendant'' means a first responder or an emergency medical
30 technician, an emergency medical technician-intermediate, an emergency
31 medical technician-defibrillator or a mobile intensive care technician
32 whose primary function is ministering to the needs of persons requiring
33 emergency medical services.
34 (e) ``Board'' means the emergency medical services board established
35 pursuant to K.S.A. 65-6102, and amendments thereto.
36 (f) ``Emergency medical service'' means the effective and coordinated
37 delivery of such care as may be required by an emergency, including
38 services provided by first responders, care and transportation of individ-
39 uals by ambulance services and the performance of authorized emergency
40 care by a person licensed to practice medicine and surgery, a licensed
41 professional nurse, a registered physician's assistant, emergency medical
42 technician, emergency medical technician-intermediate, emergency med-
43 ical technician-defibrillator or a mobile intensive care technician.
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1 (g) ``Emergency medical technician'' means any person who has suc-
2 cessfully completed a course of training, approved by the board, in pre-
3 liminary emergency medical care and who holds a valid emergency med-
4 ical technician certificate under this act.
5 (h) ``Emergency medical technician-defibrillator'' means any person,
6 currently certified as an emergency medical technician or emergency
7 medical technician-intermediate, who has successfully completed a train-
8 ing program in cardiac defibrillation approved by the board and who holds
9 a valid emergency medical technician-defibrillator certificate under this
10 act.
11 (i) ``Emergency medical technician-intermediate'' means any person,
12 currently certified as an emergency medical technician or emergency
13 medical technician-defibrillator, who, has successfully completed a course
14 of training approved by the board which includes training in veni-punc-
15 ture for blood sampling and administration of intravenous fluids and ad-
16 vanced patient assessment and who holds a valid emergency medical tech-
17 nician-intermediate certificate under this act.
18 (j) ``First responder'' means a person who has successfully completed
19 a course of training in preliminary emergency care, who holds a valid first
20 responder certificate under this act and who provides services to individ-
21 uals in need of emergency medical care that assist in stabilization or im-
22 provement of such individual's condition until personnel with a higher
23 level of training arrive at the scene and assume responsibility for the
24 individual.
25 (k) ``Hospital'' means a hospital as defined by K.S.A. 65-425, and
26 amendments thereto.
27 (l) ``Instructor-coordinator'' means any person who has successfully
28 completed a course of training, approved by the board, to instruct atten-
29 dants and to coordinate training programs, and who holds a valid instruc-
30 tor-coordinator certificate under this act.
31 (m) ``Medical adviser'' means a physician.
32 (n) ``Medical protocols'' mean written guidelines that have been re-
33 viewed and approved by the emergency medical committee of the county
34 medical society, which assist in the provision of medical care to a patient
35 when the attendant is not receiving immediate direction from a physician.
36 In those counties where there is no emergency medical committee of the
37 county medical society, ``medical protocols'' mean written guidelines that
38 have been reviewed and approved by the medical staff of the hospital to
39 which the ambulance service primarily transports patients, which assist
40 in the provision of medical care to a patient when the attendant is not
41 receiving immediate direction from a physician.
42 (o) ``Mobile intensive care technician'' means any person who has
43 successfully completed a course of training, approved by the board, in
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1 emergency medical care, and who holds a valid mobile intensive care
2 technician certificate under this act.
3 (p) ``Municipality'' means any city, county, township, fire district or
4 ambulance service district.
5 (q) ``Nonemergency transportation'' means the care and transport of
6 a sick or injured person under a foreseen combination of circumstances
7 calling for continuing care of such person. As used in this subsec-
8 tion,transportation includes performance of the authorized level of serv-
9 ices of the attendant whether within or outside the vehicle as part of such
10 transportation services.
11 (r) ``Operator'' means a person or municipality who has a permit to
12 operate an ambulance service in the state of Kansas.
13 (s) ``Person'' means an individual, a partnership, an association, a
14 joint-stock company or a corporation.
15 (t) ``Physician assistant'' means a person whose name is on the register
16 of physicians' assistants maintained by the state board of healing arts and
17 who is acting under the direction of a responsible physician.
18 (t) (u) ``Physician'' means a person licensed by the state board of
19 healing arts to practice medicine and surgery.
20 (v) ``Responsible physician'' means responsible physician as
21 such term is defined under K.S.A. 65-2897a and amendments
22 thereto.
23 (u) (v) (w) ``Training officer I'' means any person who has completed
24 successfully a course of training, approved by the board, to conduct con-
25 tinuing education programs for attendants.
26 (v) (w) (x) ``Training officer II'' means any person who has: (1) Com-
27 pleted successfully a course of training, approved by the board, to conduct
28 continuing education programs for attendants; and (2) completed suc-
29 cessfully a supplemental course of training, approved by the board, to
30 conduct initial training programs for first responders.
31 Sec. 2. K.S.A. 1996 Supp. 65-6119 is hereby amended to read as
32 follows: 65-6119. Notwithstanding any other provision of law, mobile in-
33 tensive care technicians may perform any of the following:
34 (a) May perform all the authorized activities of an emergency medical
35 technician as described in K.S.A. 65-6121, and amendments thereto.
36 (b) Perform cardiopulmonary resuscitation and defibrillation in a
37 pulseless, nonbreathing patient.
38 (c) When voice contact or a telemetered electrocardiogram is moni-
39 tored by a person licensed to practice medicine and surgery, a registered
40 physician assistant where authorized by a person licensed to practice
41 medicine and surgery or a licensed professional nurse where authorized
42 by a person licensed to practice medicine and surgery, and direct com-
43 munication is maintained, and upon order of such person, such physician
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1 assistant or such nurse do any of the following:
2 (1) Perform veni-puncture for the purpose of blood sampling collec-
3 tion and initiation and maintenance of intravenous infusion of saline so-
4 lutions, dextrose and water solutions or ringers lactate IV solutions.
5 (2) Perform gastric suction by intubation.
6 (3) Perform endotracheal intubation.
7 (4) Administer parenteral injections of any of the following classes of
8 drugs:
9 (A) Antiarrhythmic agents.
10 (B) Vagolytic agents.
11 (C) Chronotropic agents.
12 (D) Analgesic agents.
13 (E) Alkalinizing agents.
14 (F) Vasopressor agents.
15 (5) Administer such other medications or procedures as may be
16 deemed necessary by such an ordering person.
17 (d) Perform, during an emergency, those activities specified in sub-
18 section (c) before contacting the person licensed to practice medicine and
19 surgery or authorized registered physician assistant or authorized li-
20 censed professional nurse when specifically authorized to perform such
21 activities by medical protocols.
22 (e) Perform, during nonemergency transportation, those activities
23 specified in this section when specifically authorized to perform such
24 activities by medical protocols.
25 Sec. 3. K.S.A. 1996 Supp. 65-6120 is hereby amended to read as
26 follows: 65-6120. Notwithstanding any other provision of law to the con-
27 trary, an emergency medical technician-intermediate:
28 (a) May perform any of the activities described by K.S.A. 65-6121,
29 and amendments thereto, which an emergency medical technician may
30 perform;
31 (b) when approved by medical protocols and where voice contact by
32 radio or telephone is monitored by a person licensed to practice medicine
33 and surgery, a registered physician assistant, where authorized by a
34 person licensed to practice medicine and surgery, or a licensed pro-
35 fessional nurse, where authorized by a person licensed to practice med-
36 icine and surgery, and direct communication is maintained, upon order
37 of such person, such physician assistant or such nurse may perform veni-
38 puncture for the purpose of blood sampling collection and initiation and
39 maintenance of intravenous infusion of saline solutions, dextrose and wa-
40 ter solutions or ringers lactate IV solutions;
41 (c) perform, during an emergency, those activities specified in sub-
42 section (b) before contacting the person licensed to practice medicine
43 and surgery, authorized registered physician assistant or authorized li-
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1 censed professional nurse when specifically authorized to perform such
2 activities by medical protocols; or
3 (d) perform, during nonemergency transportation, those activities
4 specified in this section when specifically authorized to perform such
5 activities by medical protocols.
6 Sec. 4. K.S.A. 1996 Supp. 65-6123 is hereby amended to read as
7 follows: 65-6123. Notwithstanding any other provision of law to the con-
8 trary, an emergency medical technician-defibrillator:
9 (a) May perform any of the activities described by K.S.A. 65-6121,
10 and amendments thereto, which an emergency medical technician may
11 perform;
12 (b) when approved by medical protocols and where voice contact by
13 radio or telephone is monitored by a person licensed to practice medicine
14 and surgery, a registered physician assistant, where authorized by a
15 person licensed to practice medicine and surgery, or a licensed pro-
16 fessional nurse, where authorized by a person licensed to practice med-
17 icine and surgery, and direct communication is maintained, upon order
18 of such person, such physician assistant or such nurse, may perform elec-
19 trocardiographic monitoring and defibrillation;
20 (c) perform, during an emergency, those activities specified in sub-
21 section (b) before contacting the person licensed to practice medicine
22 and surgery, authorized registered physician assistant or authorized li-
23 censed professional nurse when specifically authorized to perform such
24 activities by medical protocols; or
25 (d) perform, during nonemergency transportation, those activities
26 specified in this section when specifically authorized to perform such
27 activities by medical protocols.
28 Sec. 5. K.S.A. 1996 Supp. 65-6124 is hereby amended to read as
29 follows: 65-6124. (a) No person licensed to practice medicine and surgery,
30 registered licensed [registered] physician assistant or registered [li-
31 censed] professional nurse, who gives emergency instructions to a mobile
32 intensive care technician, emergency medical technician-defibrillator or
33 emergency medical technician-intermediate during an emergency, shall
34 be liable for any civil damages as a result of issuing the instructions, except
35 such damages which may result from gross negligence in giving such
36 instructions.
37 (b) No mobile intensive care technician, emergency medical techni-
38 cian-defibrillator or emergency medical technician-intermediate who ren-
39 ders emergency care during an emergency pursuant to instructions given
40 by a person licensed to practice medicine and surgery, the responsible
41 physician for a registered physician assistant or a registered licensed
42 professional nurse shall be liable for civil damages as a result of imple-
43 menting such instructions, except such damages which may result from
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1 gross negligence or by willful or wanton acts or omissions on the part of
2 such mobile intensive care technician, emergency medical technician-
3 defibrillator or emergency medical technician-intermediate rendering
4 such emergency care.
5 (c) No first responder who renders emergency care during an emer-
6 gency shall be liable for civil damages as a result of rendering such emer-
7 gency care, except for such damages which may result from gross negli-
8 gence or from willful or wanton acts or omissions on the part of the first
9 reponder rendering such emergency care.
10 (d) No person certified as an instructor-coordinator and no training
11 officer shall be liable for any civil damages which may result from such
12 instructor-coordinator's or training officer's course of instruction, except
13 such damages which may result from gross negligence or by willful or
14 wanton acts or omissions on the part of the instructor-coordinator or
15 training officer.
16 (e) No medical adviser who reviews, approves and monitors the ac-
17 tivities of attendants shall be liable for any civil damages as a result of
18 such review, approval or monitoring, except such damages which may
19 result from gross negligence in such review, approval or monitoring.
20 Sec. 6. K.S.A. 1996 Supp. 65-6112, 65-6119, 65-6120, 65-6123 and
21 65-6124 are hereby repealed.
22 Sec. 7. This act shall take effect and be in force from and after its
23 publication in the statute book.