CHAPTER 93 HOUSE BILL No. 2757 An Act concerning emergency care or assistance at scene of an emergency or accident;
defining ``health care provider''; amending K.S.A. 1999 Supp. 65-2891 and repealing the
existing section.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 1999 Supp. 65-2891 is hereby amended to read as
follows: 65-2891. (a) Any health care provider who in good faith renders
emergency care or assistance at the scene of an emergency or accident
including treatment of a minor without first obtaining the consent of the
parent or guardian of such minor shall not be liable for any civil damages
for acts or omissions other than damages occasioned by gross negligence
or by willful or wanton acts or omissions by such person in rendering such
emergency care.

      (b) Any health care provider may render in good faith emergency
care or assistance, without compensation, to any minor requiring such
care or assistance as a result of having engaged in competitive sports,
without first obtaining the consent of the parent or guardian of such
minor. Such health care provider shall not be liable for any civil damages
other than damages occasioned by gross negligence or by willful or wan-
ton acts or omissions by such person in rendering such emergency care.

      (c) Any health care provider may in good faith render emergency care
or assistance during an emergency which occurs within a hospital or else-
where, with or without compensation, until such time as the physician
employed by the patient or by the patient's family or by guardian assumes
responsibility for such patient's professional care. The health care pro-
vider rendering such emergency care shall not be held liable for any civil
damages other than damages occasioned by negligence.

      (d) Any provision herein contained notwithstanding, the ordinary
standards of care and rules of negligence shall apply in those cases
wherein emergency care and assistance is rendered in any physician's or
dentist's office, clinic, emergency room or hospital with or without com-
pensation.

      (e) As used in this section the term ``health care provider'' means any
person licensed to practice any branch of the healing arts, licensed dentist,
licensed optometrist, licensed professional nurse, licensed practical nurse,
licensed podiatrist, licensed pharmacist and, registered physical therapist,
and any physician's assistant who has successfully completed an American
medical association approved training program and has successfully com-
pleted the national board examination for physicians' assistants of the
American board of medical examiners, any registered athletic trainer, any
registered occupational therapist, any licensed respiratory therapist, any
person who holds a valid attendant's certificate under K.S.A. 65-6129,
and amendments thereto, any person who holds a valid certificate for the
successful completion of a course in first aid offered or approved by the
American red cross, by the American heart association, by the mining
enforcement and safety administration of the bureau of mines of the
department of interior, by the national safety council or by any instructor-
coordinator, as defined in K.S.A. 65-6112, and amendments thereto, and
any person engaged in a postgraduate training program approved by the
state board of healing arts.

 Sec.  2. K.S.A. 1999 Supp. 65-2891 is hereby repealed.
 Sec.  3. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 16, 2000.
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