Session Law

Identifying Information:L. 2003 ch. 043
Other Identifying Information:2003 Senate Bill 132
Tax Type:Other
Brief Description:An Act concerning automated external defibrillators; amending K.S.A. 65-6149a andrepealing the existing section.
Keywords:


Body:

CHAPTER 43

SENATE BILL No. 132

An Act concerning automated external defibrillators; amending K.S.A. 65-6149a and

repealing the existing section.


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

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-

ified person.

(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

such use.

(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

training; and

(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:

(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. 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.


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Date Composed: 10/29/2003 Date Modified: 10/29/2003