[As Amended by Senate Committee of the
Whole]
As Amended by Senate Committee
As Amended by House Commettee
Session of 1998
HOUSE BILL No. 2723
By Committee on Health and Human Services
1-27
14
AN ACT [concerning health care;]
relating to automatic
automated
15 external
defibrillators; authorizing use by certain persons;
requiring
16 training
and activation of the emergency medical services system
upon
17 use of a
defibrillator; encouraging certain persons and entities to
reg-
18 ister a
defibrillator; providing immunity from
concerning liability for
19 certain
persons[; concerning membership on board of healing
arts;
20 amending K.S.A.
65-2812, 65-2813 and 65-2822 and repealing
21 the existing
sections].
22
23 Be it enacted by the Legislature of the
State of Kansas:
24 Section 1. (a)
It is the intent of the legislature that an
An automatic
25 automated external
defibrillator may be used by any qualified person
26 who has satisfied the
requirements of subsection (b)(1) for
the pur-
27 pose of saving the life of
another person in cardiac arrest.
28 (b) In order
to ensure public health and safety:
29 (1) All
persons who have access to or use an automatic external
de-
30 fibrillator must obtain
appropriate training to include completion of a
31 course in cardiopulmonary
resuscitation or successful completion of a
32 basic first aid course that
includes cardiopulmonary resuscitation training
33 and have demonstrated
proficiency in the use of an automatic external
34 defibrillator;
35 (2) any
person or entity in possession of an automatic external
defib-
36 rillator is encouraged to
register with the local emergency medical serv-
37 ices
medical director the existence and
location of the automatic external
38 defibrillator;
and
39 (3) any
person who uses an automatic external defibrillator is
re-
40 quired to activate the emergency
medical services system as soon as pos-
41 sible upon use of the automatic
external defibrillator.
42 (c)
(b) Any [qualified;]
person, including a person licensed to prac-
43 tice medicine and surgery,
who gratuitously and in good faith renders
HB 2723--Am. by SCW
2
1 emergency care or treatment by the
use of or provision of an automatic
2 [automated] external
defibrillator, without objection of the injured
vic-
3 tim or victims
thereof, shall not be held liable for any civil
damages as a
4 result of such care or treatment or
as a result of any act or failure to act
5 in providing or arranging further
medical treatment where the person
6 acts as an ordinary reasonably
prudent person would have acted under
7 the same or similar
circumstances.
8 (c) As used
in this section, ``qualified person'' means a person
9 who: (1) Has completed a course
in cardiopulmonary resuscitation
10 or a basic first aid course that
includes cardiopulmonary resusci-
11 tation training and (2) has completed
a course of training in the use
12 of automated external defibrillators,
which course is approved by
13 the state board of healing arts based
on rules and regulations
14 adopted by the state board of healing
arts and has demonstrated
15 proficiency in the use of an
automated external defibrillator.
16
[Sec. 2. K.S.A. 65-2812 is hereby amended to read
as follows:
17 65-2812. For the purpose of
administering the provisions of this act,
18 the governor shall appoint a state
board of healing arts consisting
19 of 15
17 [19] members.
At least 30 days before the expiration of any
20 term, other than that of the
member
[members] appointed from the
21 general public and the licensed
podiatrist member of the board, the
22 professional society or association
shall submit to the governor a
23 list of three or more names of
persons of recognized ability who
24 have the qualifications prescribed
for board members for each
25 member of the board who will be
appointed from its branch of the
26 healing arts. In the case
of the two new members [who hold a degree
27 of doctor of medicine]
added to the board by this act, such list of names
28 shall be submitted within 10 days after
the effective date of this act. The
29 governor shall consider the list of
persons in making the appoint-
30 ment to the board. In case of a
vacancy on the board, other than
31 that of the
member
[members] appointed from the general
public
32 and the licensed podiatrist member of
the board, prior to the expi-
33 ration of a term of office, the
governor shall appoint a qualified
34 successor to fill the unexpired term,
and in making the appointment
35 the governor shall give consideration
to the list of persons last sub-
36 mitted to the governor.
37
[Sec. 3. K.S.A. 65-2813 is hereby amended to read
as follows:
38 65-2813.
Five Seven members of the board shall
hold a degree of
39 doctor of medicine from an accredited
medical school and shall be
40 residents of and have been actively
engaged in the practice of med-
41 icine and surgery in the state of
Kansas under license issued in this
42 state, for a period of at least six
consecutive years immediately pre-
43 ceding their appointment; three
members shall hold a degree of doc-
HB 2723--Am. by SCW
3
1 tor of osteopathy from an
accredited school of osteopathic medicine
2 and surgery and shall be
residents of and have been actively en-
3 gaged in the practice of
osteopathic medicine and surgery in the
4 state of Kansas under license
issued in this state, for a period of at
5 least six consecutive years
immediately preceding their appoint-
6 ment; three members shall hold
a degree of doctor of chiropractic
7 from an accredited school of
chiropractic and shall be residents of
8 and have been actively engaged
in the practice of chiropractic in
9 the state of Kansas under
license issued in this state, for a period of
10 at least six consecutive years
immediately preceding their appoint-
11 ment; one member shall be a licensed
podiatrist and shall be a res-
12 ident of and have been actively
engaged in the practice of podiatry
13 in the state of Kansas under license
issued in this state for a period
14 of at least six consecutive years
immediately preceding appoint-
15 ment; and
three [five] members
shall be appointed to represent the
16 general public of this state.
Subject to the provisions of
K.S.A. 1992
17 Supp.
75-4315c, no two of the members representing the
general
18 public shall be from the
same United States congressional district.
19 [Two members of the general public
shall reside in one congres-
20 sional district and all other members
of the general public shall be
21 residents of different congressional
districts.] No member repre-
22 senting the general public shall be
the spouse of a licensee of the
23 healing arts or a person or the
spouse of a person who has a financial
24 interest in any person's practice of
the healing arts. All members of
25 the board who hold the degree of doctor
of medicine shall be actively
26 engaged in the practice of medicine and
surgery in the state of Kansas
27 while a member of the board.
28
[Sec. 4. K.S.A. 65-2822 is hereby amended to read as
follows:
29 65-2822.
Eight Nine
[Ten] members shall constitute a quorum
for
30 the transaction of
business.
31
[Sec. 5. K.S.A. 65-2812, 65-2813 and 65-2822 are hereby
re-
32 pealed.]
33
Sec. 2. [6.] This
act shall take effect and be in force from and after
34 its publication in the statute book.
35