CHAPTER 133 SENATE BILL No. 535
      An Act concerning emergency medical services; relating to the emergency medical services
      board; relating to the powers and duties thereof; relating to attendants and the regulation
      thereof; concerning the use of automated external defibrillators; amending K.S.A. 65-
      6102, 65-6127, 65-6129a, 65-6129b, 65-6133 and 65-6135 and K.S.A. 1997 Supp. 65-
      6110, 65-6111, 65-6112, 65-6119, 65-6120, 65-6121, 65-6123, 65-6124, 65-6129 and 65-
      6144 and repealing the existing sections; also repealing K.S.A. 65-6148 and K.S.A. 1997
      Supp. 65-6149.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 65-6102 is hereby amended to read as follows: 65-
6102. (a) There is hereby established the emergency medical services
board. The office of the emergency medical services board shall be lo-
cated in the city of Topeka, Kansas.

(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 mem-
bers:

(A) One shall be a member of the Kansas medical society who is
actively involved in emergency medical services;

(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 emer-
gency medical services;

(E) one shall be a member of a firefighting unit which provides emer-
gency medical service; and

(F) three shall be attendants who are actively involved in emergency
medical service. At least two classifications of attendants shall be repre-
sented. 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 Kansas senate to be appointed by
the president of the senate;

(B) one shall be a member of the Kansas senate to be appointed by
the minority leader of the senate;

(C) one shall be a member of the Kansas house of representatives to
be appointed by the speaker of the house of representatives; and

(D) one shall be a member of the Kansas house of representatives to
be appointed by the minority leader of the house of representatives.

All members of the board shall be residents of the state of Kansas.
Appointments to the board shall be made with due consideration that
representation of the various geographical areas of the state is ensured.
The governor may remove any member of the board upon recommen-
dation of the board. Any person appointed to a position on the board shall
forfeit such position upon vacating the office or position which qualified
such person to be appointed as a member of the board.

(c) Of the members first appointed to the board, four shall be ap-
pointed 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, mem-
bers 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 mem-
bers 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 meet-
ings 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) Members of the emergency medical services council appointed
pursuant to K.S.A. 65-4316, and amendments thereto, shall continue to
serve until the members of the emergency medical services board are
appointed and qualified pursuant to this section.

(f) (e) Except as otherwise provided by law, all vouchers for expend-
itures 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.

(g) The first person appointed by the governor to the board shall call
the first meeting of the board and shall serve as temporary chairperson
of the board until a chairperson and vice-chairperson are elected by the
board at such meeting.

Sec. 2. K.S.A. 1997 Supp. 65-6110 is hereby amended to read as
follows: 65-6110. (a) The board shall adopt any rules and regulations nec-
essary for the regulation of ambulance services. Such rules and regulations
shall include: (1) A classification of the different types of ambulance serv-
ices; (2) requirements as to equipment necessary for ambulances and
rescue vehicles; (3) qualifications and training of attendants and, instruc-
tor-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 op-
erated by a fire department.

Sec. 3. K.S.A. 1997 Supp. 65-6111 is hereby amended to read as
follows: 65-6111. The emergency medical services board shall:

(a) Adopt any rules and regulations necessary to carry out the pro-
visions of this act;

(b) review and approve the allocation and expenditure of moneys ap-
propriated for emergency medical services;

(c) conduct hearings for all regulatory matters concerning ambulance
services and, attendants certified pursuant to this act, instructor-coordi-
nators, 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 serv-
ices;

(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 in-
volving emergency medical services projects in the state or delegate such
duties to the administrator;

(h) approve all training programs for attendants, instructor-coordi-
nators and training officers and prescribe application fees by rules and
regulations;

(i) approve methods of examination of applicants for initial atten-
dants' certificates for certification of attendants, training officers and in-
structor-coordinators and prescribe examination fees by rules and regu-
lations;

(j) develop the criteria for and approve a course of instruction for
instructor-coordinators;

(k) conduct or contract for the provision of instruction of instructor-
coordinators;

(l) certify instructor-coordinators;

(m) authorize, pursuant to rules and regulations, training officers to
conduct continuing education programs for attendants and courses in the
initial training of first responders; and

(n) (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 ap-
proval in accordance with the Kansas administrative procedures act and
the rules and regulations of the board.

Sec. 4. K.S.A. 1997 Supp. 65-6112 is hereby amended to read as
follows: 65-6112. As used in this act:

(a) ``Administrator'' means the administrator of the emergency med-
ical services board.

(b) ``Ambulance'' means any privately or publicly owned motor ve-
hicle, airplane or helicopter designed, constructed, prepared and
equipped for use in transporting and providing emergency care for in-
dividuals 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 or an, emergency medical
technician, an emergency medical technician-intermediate, an emergency
medical technician-defibrillator or a mobile intensive care technician
whose primary function is ministering to the needs of persons requiring
emergency medical services 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, including
services provided by first responders, which includes the care and trans-
portation of individuals by ambulance services and the performance of
authorized emergency care by a person licensed to practice medicine and
surgery, a licensed professional physician, professional nurse, a registered
physician's assistant, emergency medical technician, emergency medical
technician-intermediate, emergency medical technician-defibrillator or a
mobile intensive care technician or attendant.

(g) ``Emergency medical technician'' means any a person who has
successfully completed a course of training, approved by the board, in
preliminary emergency medical care and who holds a valid emergency
medical technician certificate under holds an emergency medical tech-
nician certificate issued pursuant to this act.

(h) ``Emergency medical technician-defibrillator'' means any a per-
son, currently certified as an emergency medical technician or emergency
medical technician-intermediate, who has successfully completed a train-
ing program in cardiac defibrillation approved by the board and who holds
a valid emergency medical technician-defibrillator certificate under who
holds an emergency medical technician defibrillator certificate issued pur-
suant to this act.

(i) ``Emergency medical technician-intermediate'' means any a per-
son, currently certified as an emergency medical technician or emergency
medical technician-defibrillator, who, has successfully completed a course
of training approved by the board which includes training in veni-punc-
ture for blood sampling and administration of intravenous fluids and ad-
vanced patient assessment and who holds a valid emergency medical tech-
nician-intermediate certificate under who holds an emergency medical
technician intermediate certificate issued pursuant to this act.

(j) ``First responder'' means a person who has successfully completed
a course of training in preliminary emergency care, who holds a valid first
responder certificate under this act and who provides services to individ-
uals in need of emergency medical care that assist in stabilization or im-
provement of such individual's condition until personnel with a higher
level of training arrive at the scene and assume responsibility for the
individual 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 any a person who has successfully
completed a course of training, approved by the board, to instruct atten-
dants and to coordinate training programs, and who holds a valid instruc-
tor-coordinator certificate under this act is certified under this act to teach
initial courses of certification of instruction and continuing education clas-
ses.

(m) ``Medical adviser'' means a physician.

(n) ``Medical protocols'' mean written guidelines that have been re-
viewed and approved by the emergency medical committee of the county
medical society, which assist in the provision of medical care to a patient
when the attendant is not receiving immediate direction from a physician.
In those counties where there is no emergency medical committee of the
county medical society, ``medical protocols'' mean written guidelines that
have been reviewed and approved by the medical staff of the hospital to
which the ambulance service primarily transports patients, which assist
in the provision of medical care to a patient when the attendant is not
receiving immediate direction from a physician which authorize atten-
dants to perform certain medical procedures prior to contacting a phy-
sician, 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 any a person who has
successfully completed a course of training, approved by the board, in
emergency medical care, and who holds a valid mobile intensive care
technician certificate under holds a mobile intensive care technician cer-
tificate 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 trans-
portation services.

(r) ``Operator'' means a person or municipality who has a permit to
operate an ambulance service in the state of Kansas.

(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) ``Training officer I'' means any person who has completed suc-
cessfully a course of training, approved by the board, to conduct contin-
uing education programs for attendants.

(v) ``Training officer II'' means any person who has: (1) Completed
successfully a course of training, approved by the board, to conduct con-
tinuing education programs for attendants; and (2) completed successfully
a supplemental course of training, approved by the board, to conduct
initial training programs for first responders.

(u) ``Physician's assistant'' means a person who is registered in ac-
cordance with the provisions of K.S.A. 65-2896a, and amendments thereto
and who is acting under the direction of a responsible physician.

(v) ``Professional nurse'' means a licensed professional nurse as de-
fined by K.S.A. 65-1113, and amendments thereto.

(w) ``Provider of training'' means a corporation, partnership, accred-
ited postsecondary education institution, ambulance service, fire depart-
ment, hospital or municipality that conducts training programs that in-
clude, 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. 65-2897a 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 contin-
uing education as prescribed by the board.

Sec. 5. K.S.A. 1997 Supp. 65-6119 is hereby amended to read as
follows: 65-6119. Notwithstanding any other provision of law, mobile in-
tensive care technicians may perform any of the following:

(a) May Perform all the authorized activities of an emergency medical
technician as described identified in K.S.A. 65-6121, and amendments
thereto.;

(b) perform cardiopulmonary resuscitation and defibrillation in a
pulseless, nonbreathing patient.;

(c) when voice contact or a telemetered electrocardiogram is moni-
tored by a person licensed to practice medicine and surgery or a licensed
professional nurse where authorized by a person licensed to practice med-
icine and surgery, 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
or such nurse do any of the following may:

(1) Perform veni-puncture for the purpose of blood sampling collec-
tion and initiation and maintenance of intravenous infusion of saline so-
lutions, dextrose and water solutions or ringers lactate IV solutions.

(2) perform gastric suction by intubation.

(3) perform endotracheal intubation.

(4) administer parenteral injections of any of the following classes of
drugs:

(A) Antiarrhythmic agents.

(B) vagolytic agents.

(C) chronotropic agents.

(D) analgesic agents.

(E) alkalinizing agents.

(F) vasopressor agents.

(5) administer such other medications or procedures as may be
deemed necessary by such an ordering person. a person identified in
subsection (c);

(d) perform, during an emergency, those activities specified in sub-
section (c) before contacting the person licensed to practice medicine and
surgery or authorized licensed professional nurse 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.

Sec. 6. K.S.A. 1997 Supp. 65-6120 is hereby amended to read as
follows: 65-6120. Notwithstanding any other provision of law to the con-
trary, an emergency medical technician-intermediate may:

(a) May Perform any of the activities described identified by K.S.A.
65-6121, and amendments thereto, which an emergency medical tech-
nician may perform;

(b) when approved by medical protocols and where voice contact by
radio or telephone is monitored by a person licensed to practice medicine
and surgery or a licensed professional physician, physician's assistant
where authorized by a physician or licensed professional nurse, where
authorized by a person licensed to practice medicine and surgery physi-
cian, and direct communication is maintained, upon order of such person
or such nurse, may perform veni-puncture for the purpose of blood sam-
pling collection and initiation and maintenance of intravenous infusion of
saline solutions, dextrose and water solutions or ringers lactate IV solu-
tions, endotracheal intubation and administration of nebulized albuterol;

(c) perform, during an emergency, those activities specified in sub-
section (b) before contacting the person licensed to practice medicine
and surgery or authorized licensed professional nurse 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.

Sec. 7. K.S.A. 1997 Supp. 65-6121 is hereby amended to read as
follows: 65-6121. Notwithstanding any other provision of law to the con-
trary, an emergency medical technician may perform any of the following
activities:

(a) Patient assessment and vital signs;

(b) airway maintenance to include including the use of:

(1) Oropharyngeal and nasopharyngeal airways;

(2) esophageal obturator airways with or without gastric suction de-
vice; and

(3) multi-lumen airway; and

(3) (4) oxygen demand valves.

(c) Oxygen therapy;

(d) oropharyngeal suctioning;

(e) cardiopulmonary resuscitation procedures;

(f) control accessible bleeding;

(g) application of apply pneumatic anti-shock garment;

(h) management of manage outpatient medical emergencies;

(i) extrication of patients and lifting and moving techniques extricate
patients and utilize lifting and moving techniques;

(j) management of manage musculoskeletal and soft tissue injuries to
include including dressing and bandaging wounds or the splinting of frac-
tures, 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;

(n) (o) perform, during nonemergency transportation, those activities
specified in this section when specifically authorized to perform such
activities by medical protocols; or

(o) (p) 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.

Sec. 8. K.S.A. 1997 Supp. 65-6123 is hereby amended to read as
follows: 65-6123. Notwithstanding any other provision of law to the con-
trary, an emergency medical technician-defibrillator may:

(a) May Perform any of the activities described by identified in K.S.A.
65-6121, and amendments thereto, which an emergency medical tech-
nician may perform;

(b) when approved by medical protocols and where voice contact by
radio or telephone is monitored by a person licensed to practice medicine
and surgery or a licensed professional physician, physician's assistant
where authorized by a physician or licensed professional nurse, where
authorized by a person licensed to practice medicine and surgery physi-
cian, and direct communication is maintained, upon order of such person
or such nurse, may perform electrocardiographic monitoring and defib-
rillation;

(c) perform, during an emergency, those activities specified in sub-
section (b) before contacting the person licensed to practice medicine
and surgery or authorized licensed professional nurse 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.

Sec. 9. K.S.A. 1997 Supp. 65-6124 is hereby amended to read as
follows: 65-6124. (a) No person licensed to practice medicine and surgery
or registered professional physician, physician's assistant or licensed pro-
fessional 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 dam-
ages which may result from gross negligence in giving such instructions.

(b) No mobile intensive care technician, emergency medical techni-
cian-defibrillator or emergency medical technician-intermediate who ren-
ders emergency care during an emergency pursuant to instructions given
by a person licensed to practice medicine and surgery or a registered
professional physician, the responsible physician for a physician's assis-
tant 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 emer-
gency shall be liable for civil damages as a result of rendering such emer-
gency care, except for such damages which may result from gross negli-
gence or from willful or wanton acts or omissions on the part of the first
reponder 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 ac-
tivities 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.

Sec. 10. K.S.A. 65-6127 is hereby amended to read as follows: 65-
6127. (a) Application for a permit to operate an ambulance service shall
be made to the emergency medical services 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 am-
bulance 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 re-
ceived, 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 own-
ership of an ambulance service the permit issued to such service shall
expire 60 days after the change of ownership.

(d) The permit fee in effect immediately prior to the effective date
of this act shall continue in effect until the board adopts rules and regu-
lations fixing a different fee under subsection (a).

Sec. 11. K.S.A. 1997 Supp. 65-6129 is hereby amended to read as
follows: 65-6129. (a) Application for an attendant's certificate shall be
made to the emergency medical services board upon forms provided by
the administrator. The board may grant an attendant's certificate to an
applicant who if the applicant meets the following requirements: (1) (A)
Has made application within one year after successfully completing the
appropriate course of instruction for the classification of attendant's cer-
tificate for which application has been made; (B) has passed an exami-
nation prescribed by the board; and (C) has paid a fee for the classification
of attendant's certificate for which application has been made as pre-
scribed by rules and regulations of the board; or (2) (A) is certified as a
nationally registered emergency medical technician paramedic; or (B) has
successfully completed a course of instruction or training accredited by
the American medical association committee on allied health education;
and (C) has passed an examination prescribed by the board; and (D) has
paid a fee for the classification of attendant's certificate for which appli-
cation has been made as prescribed by rules and regulations of the board.

(1) (A) Has made application within one year from the date of the
last class of an appropriate course of instruction 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 ac-
credited by the joint review committee 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) An attendant applying for an emergency medical technician's cer-
tificate shall have successfully completed successfully a course of training,
approved by the board, in preliminary emergency medical care. An at-
tendant applying for a mobile intensive care technician's certificate shall
have successfully completed successfully a course of training, approved
by the board, which shall include, but not be limited to, didactic and
clinical experience in a cardiac care unit hospital and in an emergency
vehicle unit. An attendant applying for an emergency medical technician-
intermediate certificate shall have been be certified as an emergency
medical technician and, after certification as an emergency medical tech-
nician, shall have successfully completed successfully a course of training,
approved by the board, which shall include training in veni-puncture for
blood sampling and administration of intravenous fluids and advanced
patient assessment. An attendant applying for an emergency medical
technician-defibrillator certificate shall have been be certified as an emer-
gency medical technician and, after certification as an emergency medical
technician, shall have completed successfully a training program approved
by the emergency medical services board. Any program of instruction or
training offered by the armed forces of the United States or in a jurisdic-
tion other than Kansas, which program is at least equivalent to the pro-
gram approved by the board for the class of attendant's certificate applied
for, shall be granted reciprocity by the board for purposes of satisfying
the requirements of subsection (a)(1)(A) of this section.

(c) An attendant's certificate shall be valid through December 31 of
the year following the date of its initial issuance and may be renewed
thereafter for a period of one year for each renewal for a fee as prescribed
by rule and regulation of the board upon presentation of satisfactory proof
that the attendant has successfully completed continuing education in
emergency medical care as provided in this subsection. Attendants shall
complete not less than eight hours of continuing education as prescribed
and approved by the emergency medical services board for each full cal-
endar year that has elapsed since the certification or the last renewal
thereof. If a certificate is not renewed within 30 days after its expiration
such certificate shall be void.

(d) The emergency medical services board may issue a temporary
certificate to any person who has not qualified for an attendant's certifi-
cate under paragraph (1) or (2) of subsection (a) when:

(1) The operator for whom such person serves as an attendant re-
quests a temporary certificate for that person; and

(2) such person meets or exceeds minimum training certain minimum
requirements prescribed by the board by rules and regulations.

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 par-
agraph (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 techni-
cian-intermediate, emergency medical technician-defibrillator or a mobile
intensive care technician.

(e) At least once each month all fees received pursuant to the pro-
visions of this section shall be remitted to the state treasurer. Upon receipt
of each such remittance, the state treasurer shall deposit the entire
amount thereof in the state treasury to the credit of the state general
fund.

(f) If, within two years of the date of expiration of an attendant's
certificate, such person applies for renewal of the certificate, the board
may grant a certificate to such applicant without such applicant complet-
ing a course of instruction specified in subsection (b) if the applicant has
completed continuing education requirements and has paid a fee pre-
scribed by rules and regulations of the board.

(f) If a person who was previously certified as an attendant applies
for an attendant's certificate within two years of the date of its expiration,
the board may grant a certificate without the person completing a course
of instruction or passing an examination if the person has completed con-
tinuing education requirements and has paid a fee prescribed by rules
and regulations.

Sec. 12. K.S.A. 65-6129a is hereby amended to read as follows: 65-
6129a. (a) While engaged in a course of training or continuing education
approved by the emergency medical services board within a medical care
facility, a student or attendant engaged in such training or continuing
education shall be under the supervision of a person licensed to practice
medicine and surgery or a licensed professional physician or a profes-
sional nurse. While engaged in training or continuing education in emer-
gency 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 person licensed
to practice medicine and surgery or licensed professional 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 sup-
plemental thereto shall be construed to preclude the provision of au-
thorized activities by students enrolled in an initial course of training or
continuing education a training program while engaged in such course
of training or continuing education program.

Sec. 13. K.S.A. 65-6129b is hereby amended to read as follows: 65-
6129b. (a) Application for an instructor-coordinator's certificate shall be
made to the emergency medical services board upon forms provided by
the administrator. The board may grant an instructor-coordinator's cer-
tificate to an attendant who: (1) Has at least one year's experience as an
attendant 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 for the instructor-coordinator's certificate as pre-
scribed by rules and regulations of the board.

(b) The board may grant an instructor-coordinator's certificate to a
person licensed to practice medicine and surgery or to a licensed profes-
sional 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 for the instructor-coordinator's certificate as prescribed by rules and
regulations of the board.

(c) An instructor-coordinator's certificate shall be valid through De-
cember 31 of the year following the date of its initial issuance and may
be renewed thereafter for a period of one year for each renewal for a fee
as prescribed by rule and regulation of the board upon presentation of
satisfactory proof that the instructor-coordinator has successfully com-
pleted continuing education as provided in this subsection. Instructor-
coordinators shall complete not less than eight hours of continuing edu-
cation as prescribed and approved by the emergency medical services
board for each full calendar year that has elapsed since the certification
or the last renewal thereof. If a certificate is not renewed within 30 days
after its expiration such certificate shall be void.

(d) At least once each month, all fees received pursuant to this section
shall be remitted to the state treasurer. Upon receipt of each such re-
mittance, the state treasurer shall deposit the entire amount thereof in
the state treasury to the credit of the state general fund.

(e) If, within two years of the date of expiration of an instructor-
coordinator's certificate granted under subsection (a) or (b), such person
applies for renewal of the certificate, the board may grant a certificate to
such applicant without such applicant completing the training approved
by the board under subsection (a) or (b), as applicable, if the applicant
has completed continuing education requirements prescribed by the
board and has paid a fee prescribed by rules and regulations of the board.

(e) If a person who was previously certified as an instructor-coordi-
nator 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.

Sec. 14. K.S.A. 65-6133 is hereby amended to read as follows: 65-
6133. (a) An attendant's or instructor-coordinator's certificate may be de-
nied, revoked, limited, modified or suspended by the board or the board
may refuse to renew such certificate upon proof that such attendant or
instructor-coordinator individual:

(1) Has been guilty of misrepresentation in obtaining the certificate
made intentional misrepresentations in obtaining a certificate or renewing
a certificate;

(2) has engaged or attempted to engage in, or represented themselves
as entitled to perform, any service not authorized in the certificate per-
formed 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 regula-
tions adopted by the board or has shown themselves otherwise unable to
provide adequate service 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 reha-
bilitated to warrant the public trust 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 habitual intemperance or is addicted to the use
of habit-forming drugs 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 under this act by the board.

(b) The board shall not may limit, modify, revoke or suspend any an
attendant's or instructor-coordinator's certificate pursuant to this section
without first conducting a hearing or the board may refuse to renew such
certificate in accordance with the provisions of the Kansas administrative
procedure act.

Sec. 15. K.S.A. 65-6135 is hereby amended to read as follows: 65-
6135. (a) All ambulance services providing emergency care as defined by
the rules and regulations adopted by the board shall offer service 24 hours
per day every day of the year.

(b) Whenever an operator is required to have a permit, at least one
person on each vehicle providing emergency medical service shall be an
attendant certified as an emergency medical technician, emergency med-
ical technician-intermediate, emergency medical technician-defibrillator
or, a mobile intensive care technician, a person licensed to practice med-
icine and surgery physician, a registered physician's assistant or a regis-
tered professional nurse.

Sec. 16. K.S.A. 1997 Supp. 65-6144 is hereby amended to read as
follows: 65-6144. 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 emer-
gency care;

(f) oxygen therapy;

(g) use of oropharyngeal airways;

(h) use of bag valve masks; and

(i) use automated external defibrillators; and

(i) (j) other techniques of preliminary care a first responder is trained
to provide as approved by the board.

New Sec. 17. (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-defibril-
lator, 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 be valid through December 31
of the year following the date of its initial issuance and may be renewed
thereafter for a period of one year as prescribed by the board for a fee
as prescribed by rules and regulations upon presentation of satisfactory
proof that the training officer has successfully completed continuing ed-
ucation prescribed by the board and is certified as an emergency medical
technician, emergency medical technician-intermediate, emergency med-
ical technician-defibrillator, mobile-intensive care technician, physician
or professional nurse.

(c) A training officer's certificate may be denied, revoked, limited,
modified or suspended or the board may refuse to renew such certificate
in accordance with the Kansas administrative procedures act upon any of
the following conditions: (1) Failure to maintain certification or licen-
sure as an emergency medical technician, emergency medical technician-
intermediate, emergency medical technician-defibrillator, mobile inten-
sive care technician, physician or professional nurse; (2) withdrawal of
appointment by a provider of training; or (3) failure to successfully com-
plete continuing education.

(d) 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 upon proof that such individual:

(1) Has made intentional misrepresentations in obtaining a certificate
or renewing a certificate;

(2) has demonstrated incompetence or engaged in unprofessional
conduct as defined by rules and regulations adopted by the board;

(3) 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

(4) 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. A
conviction means a plea of guilty, a plea of nolo contendere 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 sus-
pending the imposition of sentence.

(e) If a person who previously was certified as a training officer ap-
plies for a training officer's certificate within two years of the date of its
expiration, the board may grant a certificate without the person com-
pleting an initial course of training or taking an examination if the person
complies with the other provisions of subsection (a) and completes con-
tinuing education requirements.

New Sec. 18. (a) An automated external defibrillator may be used by
any qualified person.

(b) 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.

(c) As used in this section, ``qualified person'' means a person who:
(1) Has completed a course in cardiopulmonary resuscitation or a basic
first aid course that includes cardiopulmonary resuscitation training and
(2) has completed a course of training in the use of automated external
defibrillators and (3) has demonstrated proficiency in the use of an au-
tomated external defibrillator.

Sec. 19. K.S.A. 65-6102, 65-6127, 65-6129a, 65-6129b, 65-6133, 65-
6135 and 65-6148 and K.S.A. 1997 Supp. 65-6110, 65-6111, 65-6112, 65-
6119, 65-6120, 65-6121, 65-6123, 65-6124, 65-6129, 65-6144 and 65-6149
are hereby repealed.

Sec. 20. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 23, 1998

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