House Bill No. 2014
An Act concerning certain state public health and safety personnel; relating to the state fire marshal; eliminating the statutory qualifications of the chief inspector and deputy inspector for boiler safety; relating to emergency medical services; eliminating the designation and certification of instructor-coordinators; amending K.S.A. 44-918 and K.S.A. 2022 Supp. 65-2891, 65-6102, 65-6112, 65-6124 and 65-6150 and repealing the existing sections; also repealing K.S.A. 2022 Supp. 65-6129b.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 44-918 is hereby amended to read as follows: 44-918. (a) The state fire marshal may appoint a chief inspector and one or more deputy inspectors who shall be in the unclassified civil service and shall receive such compensation as prescribed by the state fire marshal, subject to the approval of the governor.
(b) The chief inspector and deputy inspectors shall serve under the direction of the state fire marshal. The state fire marshal, chief inspector and other duly authorized representatives of the state fire marshal are hereby charged, directed and empowered:
(1) To take action necessary for the enforcement of this act and of the rules and regulations adopted hereunder;
(2) to maintain a complete record of all boilers and pressure vessels to which this act applies, which record shall include the name and address of each owner or user and the type, dimensions, maximum allowable working pressure, age and last recorded inspection of each such boiler or pressure vessel;
(3) to publish and make available copies of rules and regulations adopted hereunder to any person requesting them;
(4) to issue, or to suspend or revoke for cause, inspection certificates as provided in K.S.A. 44-924, and amendments thereto; and
(5) to cause the prosecution of all violators of the provisions of this act or of the rules and regulations adopted hereunder.
(c) (1) A chief inspector shall: (A) Have not less than five years of experience in the construction, installation, repair, operation or inspection of boilers, steam generators, super-heaters or pressure vessels; and (B) hold a commission issued by the national board of boiler and pressure vessel inspectors, and have the following: (i) An in-service commission; (ii) an “A” endorsement; and (iii) a “B” endorsement. If the chief inspector does not have a “B” endorsement, then the chief inspector shall have the ability to acquire a “B” endorsement within 18 months after appointment as chief inspector. (2) A deputy inspector shall: (A) (i) Have completed courses and training and have experience in the construction, installation, repair, operation or inspection of boilers or pressure vessels, which in the aggregate amounts to not less than two years of time spent on education, training and work experience; or (ii) have not less than five years of experience in the heating, ventilation, air conditioning or plumbing fields related to the installation or repair of boilers or pressure vessels; and (B) hold an in-service commission issued by the national board of boiler and pressure vessel inspectors. If the deputy inspector does not have an in-service commission, then the deputy inspector shall have the ability to acquire such commission within 12 months after appointment as deputy inspector.
Sec. 2. K.S.A. 2022 Supp. 65-2891 is hereby amended to read as follows: 65-2891. (a) Any healthcare 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 healthcare 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 healthcare provider shall not be liable for any civil damages other than damages occasioned by gross negligence or by willful or wanton acts or omissions by such person in rendering such emergency care.
(c) Any healthcare provider may in good faith render emergency care or assistance during an emergency that occurs within a hospital or elsewhere, 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 healthcare provider rendering such emergency care shall not be held liable for any civil damages other than damages occasioned by negligence.
Any provision herein contained notwithstanding Except as otherwise provided, 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 compensation.
(e) As used in this section
the term, “healthcare 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, licensed physical therapist, and any licensed physician assistant who has successfully completed an American medical association approved training program and has successfully completed the national board examination for physician assistants of the American board of medical examiners, any licensed athletic trainer, any licensed occupational therapist, any licensed respiratory therapist, any person who holds a valid emergency medical service provider’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 by the emergency medical services board or any person engaged in a postgraduate training program approved by the state board of healing arts.
Sec. 3. K.S.A. 2022 Supp. 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 located in the city of Topeka, Kansas.
(b) The emergency medical services board shall be composed of 15 members to be appointed as follows:
(1) Eleven members shall be appointed by the governor. Of such members:
(A) Three shall be physicians who are 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 fewer than 15,000;
(C) one shall be
an instructor-coordinator actively involved in teaching initial courses of instruction for certification as an emergency medical service provider;
(D) one shall be a hospital administrator actively involved in emergency medical services;
(E) one shall be a member of a firefighting unit that provides emergency medical service; and
(F) three shall be emergency medical service providers who are actively involved in emergency medical service. At least two classifications of emergency medical service providers shall be represented. 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.
(c) 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 recommendation of the board. Any person appointed to a position on the board shall forfeit such position upon vacating the office or position that qualified such person to be appointed as a member of the board.
(d) Members 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.
(e) The board shall meet at least four times annually and at least once each quarter and at the call of the chairperson or at the request of the executive director of the emergency medical services board or of any seven members 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 vice chairperson who shall serve for a term of one year. The vice-chairperson 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 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 meetings 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.
(f) Except as otherwise provided by law, all vouchers for expenditures 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.
Sec. 4. K.S.A. 2022 Supp. 65-6112 is hereby amended to read as follows: 65-6112. As used in article 61 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto:
(a) “Administrator” means the executive director of the emergency medical services board.
(b) “Advanced emergency medical technician” means a person who holds an advanced emergency medical technician certificate issued pursuant to this act.
(c) “Advanced practice registered nurse” means an advanced practice registered nurse as defined in K.S.A. 65-1113, and amendments thereto.
(d) “Ambulance” means any privately or publicly owned motor vehicle, airplane or helicopter designed, constructed, prepared, staffed and equipped for use in transporting and providing emergency care for individuals who are ill or injured.
(e) “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.
(f) “Board” means the emergency medical services board established pursuant to K.S.A. 65-6102, and amendments thereto.
(g) “Emergency medical service” means the effective and coordinated delivery of such care as may be required by an emergency that includes the care and transportation of individuals by ambulance services and the performance of authorized emergency care by a physician, advanced practice registered nurse, professional nurse, a licensed physician assistant or emergency medical service provider.
(h) “Emergency medical service provider” means an emergency medical responder, advanced emergency medical technician, emergency medical technician or paramedic certified by the emergency medical services board.
(i) “Emergency medical technician” means a person who holds an emergency medical technician certificate issued pursuant to this act.
(j) “Emergency medical responder” means a person who holds an emergency medical responder certificate issued pursuant to this act.
(k) “Hospital” means a hospital as defined by K.S.A. 65-425, and amendments thereto.
“Instructor-coordinator” means a person who is certified under this act to teach or coordinate both initial certification and continuing education classes. (m) “Medical director” means a physician. (n)(m) “Medical oversight” means to review, approve and implement medical protocols and to approve and monitor the activities, competency and education of emergency medical service providers. (o)(n) “Medical protocols” means written guidelines that authorize emergency medical service providers to perform certain medical procedures prior to contacting a physician, physician assistant authorized by a physician, advanced practice registered nurse authorized by a physician or professional nurse authorized by a physician. (p)(o) “Municipality” means any city, county, township, fire district or ambulance service district. (q)(p) “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 emergency medical service provider whether within or outside the vehicle as part of such transportation services. (r)(q) “Operator” means a person or municipality who has a permit to operate an ambulance service in the state of Kansas. (s)(r) “Paramedic” means a person who holds a paramedic certificate issued pursuant to this act. (t)(s) “Person” means an individual, a partnership, an association, a joint-stock company or a corporation. (u)(t) “Physician” means a person licensed by the state board of healing arts to practice medicine and surgery. (v)(u) “Physician assistant” means a physician assistant as defined in K.S.A. 65-28a02, and amendments thereto. (w)(v) “Professional nurse” means a licensed professional nurse as defined by K.S.A. 65-1113, and amendments thereto. (x)(w) “Sponsoring organization” means any professional association, accredited postsecondary educational institution, ambulance service that holds a permit to operate in this state, fire department, other officially organized public safety agency, hospital, corporation, governmental entity or emergency medical services regional council, as approved by the executive director, to offer initial courses of instruction or continuing education programs.
Sec. 5. K.S.A. 2022 Supp. 65-6124 is hereby amended to read as follows: 65-6124. (a) No physician, physician assistant, advanced practice registered nurse or licensed professional nurse who gives emergency instructions to an emergency medical service provider during an emergency shall be liable for any civil damages as a result of issuing the instructions, except such damages that may result from gross negligence in giving such instructions.
(b) No emergency medical service provider who renders emergency care during an emergency pursuant to instructions given by a physician, physician assistant, advanced practice registered nurse or licensed professional nurse shall be liable for civil damages as a result of implementing such instructions, except such damages that may result from gross negligence or by willful or wanton acts or omissions on the part of such emergency medical service provider.
No person certified as an instructor-coordinator shall be liable for any civil damages that may result from such instructor-coordinator’s course of instruction, except such damages that may result from gross negligence or by willful or wanton acts or omissions on the part of the instructor-coordinator. (d) No medical director who provides medical oversight shall be liable for any civil damages as a result of such medical oversight, except such damages that may result from gross negligence in the provision of such medical oversight.
Sec. 6. K.S.A. 2022 Supp. 65-6150 is hereby amended to read as follows: 65-6150. (a) It shall be unlawful for any individual to represent oneself as an emergency medical service provider
or instructor-coordinator unless such individual holds a valid certificate as such under this act.
(b) Any violation of subsection (a) shall constitute a class B misdemeanor.
Sec. 7. K.S.A. 44-918 and K.S.A. 2022 Supp. 65-2891, 65-6102, 65-6112, 65-6124, 65-6129b and 65-6150 are hereby repealed.
Sec. 8. This act shall take effect and be in force from and after its publication in the statute book.
Approved April 20, 2023.