SENATE BILL No. 132
An Act concerning automated external defibrillators; amending K.S.A. 65-6149a and
repealing the existing section.
Section 1. K.S.A. 65-6149a is hereby amended to read as follows: 65-
6149a. (a) An automated external defibrillator may be used by any qual-
(b) 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 of training that includes cardiopulmonary resuscitation
training; (2) has completed a course of training in the use of automated
external defibrillators; and (3) has demonstrated proficiency in the use of
an automated external defibrillator.
(b) (c) (1) 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 dam-
ages 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.
(2) No person or entity which owns, leases, possesses or otherwise
controls an automated external defibrillator and provides such automated
external defibrillator to others for use shall be held liable for any civil
damages as a result of such use where the person or entity which owns,
leases, possesses or otherwise controls the automated external defibrillator
has developed, implemented and follows guidelines to ensure proper main-
tenance and operation of the device and reasonably expects the automated
external defibrillator to be used by a qualified person.
(3) No person licensed to practice medicine and surgery who pursu-
ant to a prescription order authorizes the acquisition of an automated
external defibrillator or participates in the development of usual and cus-
tomary protocols for an automated external defibrillator by a person or
entity which owns, leases, possesses or otherwise controls such automated
external defibrillator and provides such automated external defibrillator
for use by others shall be held liable for any civil damages as a result of
(4) No person or entity which teaches or provides a training program
for cardiopulmonary resuscitation that includes training in the use of
automated external defibrillators shall be held liable for any civil damages
as a result of such training or use if such person or entity has provided
such training in a manner consistent with the usual and customary stan-
dards for the providing of such training.
(d) Pursuant to the provisions of this subsection, persons or entities
which purchase or otherwise acquire an automated external defibrillator
shall notify the emergency medical service which operates in the geo-
graphic area of the location of the automated external defibrillator. Per-
sons or entities acquiring an automatic electronic defibrillator shall notify
the emergency medical service providing local service on forms developed
and provided by the emergency medical services board.
(e) The secretary of administration, in conjunction with the Kansas
highway patrol, shall develop guidelines for the placement of automated
external defibrillators in state owned or occupied facilities. The guidelines
shall include, but not be limited to:
(1) Which state owned or occupied facilities should have automated
external defibrillators readily available for use;
(2) recommendations for appropriate training courses in cardiopul-
monary resuscitation and automated external defibrillators use;
(3) integration with existing emergency response plans;
(4) proper maintenance and testing of the devices;
(5) coordination with appropriate professionals in the oversight of
(6) coordination with local emergency medical services regarding
placement and conditions of use.
Nothing in this subsection shall be construed to require the state to
purchase automated external defibrillators.
(c) As used in this section, ``qualified person'' means a person who:
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. 2. K.S.A. 65-6149a 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 10, 2002.
Date Composed: 10/29/2003 Date Modified: 10/29/2003