Brief ⁽¹⁾

HB 2757 amends a statute, commonly referred to as the good samaritan law, that concerns relief from civil liability for certain health care providers who provide care at the scene of an accident or emergency or in other specified situations. The bill adds registered athletic trainers to the definition of "health care provider" for purposes of the statute. The House Committee amendments further expand the definition to include occupational therapists and respiratory therapists in the definition of health care provider.

The Senate Committee of the Whole amendments change paragraph (a) of the statute which concerns relief from civil liability for health care providers who render care at the scene of an accident or emergency. The amendment limits such relief from civil liability to those circumstances in which the emergency care or assistance is provided without compensation. The Senate Committee of the Whole further amended paragraph (c) which pertains to the rendering of care during an emergency that occurs within a hospital or elsewhere, with or without compensation, until such time as the patient's own physician, family, or guardian assumes responsibility for the patient's professional care. The amendment replaces "elsewhere" with "health care facility," resulting in limiting the relief from civil damages to care rendered in a hospital or health care facility. The latter term is not defined by the amendment.

Background

HB 2757 was introduced at the request of the athletic trainers whose representative testified athletic trainers have training and skills that would enable them to provide assistance at the scene of an accident or emergency, particularly at sporting events. The Kansas Respiratory Therapy Association representative provided similar testimony as did the representative of occupational therapists. No one appeared in opposition to the bill.

Passage of HB 2757 would have no fiscal effect.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html