Session of 1999
         
HOUSE BILL No. 2212
         
By Representative Tanner
          
2-2
          
  9             AN  ACT abolishing the emergency medical services board and the po-
10             sition of administrator of the board; transferring the powers, duties
11             and functions thereof to the secretary of health and environment;
12             amending K.S.A. 65-6113, 65-6126, 65-6128, 65-6130, 65-6132, 65-
13             6134, 65-6136, 65-6138, 65-6139, 65-6140 and 65-6151 and K.S.A.
14             1998 Supp. 8-1404, 8-2010, 65-4915, 65-4941, 65-4946, 65-6110, 65-
15             6111, 65-6112, 65-6127, 65-6129, 65-6129a, 65-6129b, 65-6129c, 65-
16             6133, 65-6135 and 65-6144 and repealing the existing sections; also
17             repealing K.S.A. 65-6101, 65-6103, 65-6104, 65-6105, 65-6106, 65-
18             6107, 65-6108, 65-6109 and 65-6122 and K.S.A. 1998 Supp. 65-6102.
19      
20       Be it enacted by the Legislature of the State of Kansas:
21             New Section  1. (a) The emergency medical services board estab-
22       lished pursuant to K.S.A. 65-6102, and amendments thereto, is hereby
23       abolished and all the powers, duties and functions of such bureau are
24       transferred to and conferred and imposed upon the secretary of health
25       and environment.
26             (b) The position of the administrator of the emergency medical serv-
27       ices board appointed pursuant to K.S.A. 65-6103, and amendments
28       thereto, is hereby abolished, and all of the powers, duties and functions
29       of the administrator are transferred to and conferred and imposed upon
30       the secretary of health and environment or the secretary's designee.
31             New Sec.  2. (a) Except as provided in this act, the secretary of health
32       and environment shall be the successor in every way to the powers, duties
33       and functions of the emergency medical services board established by
34       K.S.A. 65-6102, and amendments thereto, in which the same were vested
35       prior to the effective date of this act.
36             (b) Except as provided in this act, the secretary of health and envi-
37       ronment shall be the successor in every way to the powers, duties and
38       functions of the administrator of the emergency medical services board
39       established by K.S.A. 65-6103, and amendments thereto, in which the
40       same were vested prior to the effective date of this act.
41             (c) Whenever the emergency medical services board or words of like
42       effect are referred to or designated by a statute, contract or other docu-
43       ment, such reference or designation shall be deemed to apply to the

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  1       secretary of health and environment. Whenever the administrator of the
  2       emergency medical services board or words of like effect are referred to
  3       or designated by a statute, contract or other document, such reference
  4       or designation shall be deemed to apply to the secretary of health and
  5       environment.
  6             (d) All orders and directives of the emergency medical services board
  7       which relate to emergency medical services and which were adopted un-
  8       der K.S.A. 65-6101 to 65-6151, inclusive, and amendments thereto, in
  9       existence immediately prior to the effective date of this act shall continue
10       to be effective and shall be deemed to be the orders or directives of the
11       secretary of health and environment until revised, amended, repealed or
12       nullified pursuant to law.
13             All rules and regulations of the emergency medical services board
14       which relate to emergency medical services and which were adopted un-
15       der K.S.A. 65-6101 to 65-6151, inclusive, and amendments thereto, in
16       existence immediately prior to the effective date of this act shall continue
17       to be effective and shall be deemed to be the rules and regulations of the
18       secretary of health and environment until revised, amended, repealed or
19       nullified pursuant to law.
20             New Sec.  3. (a) Except as provided by this act, the secretary of health
21       and environment shall be the successor to the powers, duties and func-
22       tions of the emergency medical services board established by K.S.A. 65-
23       6102, and amendments thereto, relating to (1) approval of emergency
24       medical services training and (2) emergency medical training program
25       approvals in which the same were vested prior to the effective date of
26       this act.
27             (b) The secretary of health and environment shall succeed to all re-
28       cords which were used for or pertain to the performance of the powers,
29       duties and functions transferred to the board pursuant to subsection (a).
30       Any conflict as to the proper disposition of records arising under this
31       section shall be resolved by the governor, whose decision shall be final.
32             (c) The secretary of health and environment shall succeed to the
33       unexpended balance of any money relating to the powers, duties and
34       functions transferred to the board pursuant to subsection (a). Any conflict
35       as to the proper disposition of such money shall be resolved by the gov-
36       ernor, whose decision shall be final.
37             New Sec.  4. Officers and employees of the emergency medical serv-
38       ices board who were engaged immediately prior to the effective date of
39       this act in the performance of powers, duties and functions which are
40       transferred pursuant to the provisions of this act, and who, in the opinion
41       of the secretary of health and environment, are necessary to perform the
42       powers, duties and functions imposed pursuant to this act shall become
43       officers and employees of the department of health and environment.

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  1       Any such officer or employee shall retain all retirement benefits, includ-
  2       ing the right to retain active participation in the retirement system which
  3       the officer or employee belonged to on the effective date of this act, and
  4       all rights of civil service which had accrued to or vested in such officer or
  5       employee prior to the effective date of this act. The service of each such
  6       officer and employee so transferred shall be deemed to have been con-
  7       tinuous. All transfers and any abolishment of personnel in the classified
  8       service under the Kansas civil service act shall be in accordance with civil
  9       service laws and any rules and regulations adopted thereunder.
10             New Sec.  5. Whenever any conflict arises as to the disposition of any
11       power, duty or function as a result of any abolishment or transfer made
12       by this act, such conflict shall be resolved by the governor and the decision
13       of the governor shall be final.
14             New Sec.  6. The secretary of health and environment shall succeed
15       to all property and records which were used for, or pertain to, the per-
16       formance of the powers, duties and functions transferred to the secretary
17       pursuant to section 1 and amendments thereto. The unexpended balances
18       of any appropriations for the emergency medical services board, abolished
19       by this act, shall be transferred to the department of health and environ-
20       ment to be sued by the secretary to carry out the powers, duties and
21       functions transferred by this act. Any conflict as to the proper disposition
22       of property or records or the unexpended balance of any appropriation
23       arising under this section shall be determined by the governor, and the
24       decision of the governor shall be final.
25             New Sec.  7. No suit, action or other proceeding, judicial or admin-
26       istrative, lawfully commenced, or which could have been commenced, by
27       or against the emergency medical services board abolished by this act, or
28       by or against any officer or employee of the board in the official capacity
29       of such officer or employee or in relation to the discharge of official duties
30       of such officer or employee, shall abate by reason of the governmental
31       reorganization effected under the provisions of this act. The court may
32       allow any such suit, action or other proceeding to be maintained by or
33       against the successor of such state agency or any officer or employee
34       affected.
35             Section  8. K.S.A. 1998 Supp. 65-6110 is hereby amended to read as
36       follows: 65-6110. (a) The board secretary shall adopt any rules and reg-
37       ulations necessary for the regulation of ambulance services. Such rules
38       and regulations shall include: (1) A classification of the different types of
39       ambulance services; (2) requirements as to equipment necessary for am-
40       bulances and rescue vehicles; (3) qualifications and training of attendants,
41       instructor-coordinators and training officers; (4) requirements for the li-
42       censure and renewal of licensure for ambulances and rescue vehicles; (5)
43       records and equipment to be maintained by operators, instructor-coor-

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  1       dinators, training officers, providers of training and attendants; and (6)
  2       such other matters as the board deems necessary to implement and ad-
  3       minister the provisions of this act.
  4             (b) The provisions of this act shall not apply to rescue vehicles op-
  5       erated by a fire department.
  6             Sec.  9. K.S.A. 1998 Supp. 65-6111 is hereby amended to read as
  7       follows: 65-6111. The emergency medical services board secretary shall:
  8             (a) Adopt any rules and regulations necessary to carry out the pro-
  9       visions of this act;
10             (b) review and approve the allocation and expenditure of moneys ap-
11       propriated for emergency medical services;
12             (c) conduct hearings for all regulatory matters concerning ambulance
13       services, attendants, instructor-coordinators, training officers and provid-
14       ers of training;
15             (d) submit a budget to the legislature for the operation of the board;
16             (e) (d) develop a state plan for the delivery of emergency medical
17       services;
18             (f) (e) enter into contracts as may be necessary to carry out the duties
19       and functions of the board secretary under this act;
20             (g) (f) review and approve all requests for state and federal funding
21       involving emergency medical services projects in the state or delegate
22       such duties to the administrator;
23             (h) (g) approve all training programs for attendants, instructor-coor-
24       dinators and training officers and prescribe application fees by rules and
25       regulations;
26             (i) (h) approve methods of examination for certification of attendants,
27       training officers and instructor-coordinators and prescribe examination
28       fees by rules and regulations;
29             (j) (i) appoint a medical consultant for the board secretary. Such per-
30       son shall be a person licensed to practice medicine and surgery and shall
31       be active in the field of emergency medical services; and
32             (k) (j) approve providers of training by prescribing standards and
33       requirements by rules and regulations and withdraw or modify such ap-
34       proval in accordance with the Kansas administrative procedures act and
35       the rules and regulations of the board.; and
36             (k) appoint an advisory board on emergency medical services.
37             Sec.  10. K.S.A. 1998 Supp. 65-6112 is hereby amended to read as
38       follows: 65-6112. As used in this act:
39             (a) "Administrator" means the administrator of the emergency med-
40       ical services board.
41             (b) (a) "Ambulance" means any privately or publicly owned motor
42       vehicle, airplane or helicopter designed, constructed, prepared and
43       equipped for use in transporting and providing emergency care for in-

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  1       dividuals who are ill or injured.
  2             (c) (b) "Ambulance service" means any organization operated for the
  3       purpose of transporting sick or injured persons to or from a place where
  4       medical care is furnished, whether or not such persons may be in need
  5       of emergency or medical care in transit.
  6             (d) (c) "Attendant" means a first responder, emergency medical tech-
  7       nician, emergency medical technician-intermediate, emergency medical
  8       technician-defibrillator or a mobile intensive care technician certified
  9       pursuant to this act.
10             (e) "Board" means the emergency medical services board established
11       pursuant to K.S.A. 65-6102, and amendments thereto.
12             (f) (d) "Emergency medical service" means the effective and coor-
13       dinated delivery of such care as may be required by an emergency which
14       includes the care and transportation of individuals by ambulance services
15       and the performance of authorized emergency care by a physician, pro-
16       fessional nurse, physician's assistant or attendant.
17             (g) (e) "Emergency medical technician" means a person who holds
18       an emergency medical technician certificate issued pursuant to this act.
19             (h) (f) "Emergency medical technician-defibrillator" means a person
20       who holds an emergency medical technician defibrillator certificate issued
21       pursuant to this act.
22             (i) (g) "Emergency medical technician-intermediate" means a person
23       who holds an emergency medical technician intermediate certificate is-
24       sued pursuant to this act.
25             (j) (h) "First responder" means a person who holds a first responder
26       certificate issued pursuant to this act.
27             (k) (i) "Hospital" means a hospital as defined by K.S.A. 65-425, and
28       amendments thereto.
29             (l) (j) "Instructor-coordinator" means a person who is certified under
30       this act to teach initial courses of certification of instruction and contin-
31       uing education classes.
32             (m) (k) "Medical adviser" means a physician.
33             (n) (l) "Medical protocols" mean written guidelines which authorize
34       attendants to perform certain medical procedures prior to contacting a
35       physician, or professional nurse authorized by a physician. These proto-
36       cols shall be developed and approved by a county medical society or, if
37       there is no county medical society, the medical staff of a hospital to which
38       the ambulance service primarily transports patients.
39             (o) (m) "Mobile intensive care technician" means a person who holds
40       a mobile intensive care technician certificate issued pursuant to this act.
41             (p) (n) "Municipality" means any city, county, township, fire district
42       or ambulance service district.
43             (q) (o) "Nonemergency transportation" means the care and transport

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  1       of a sick or injured person under a foreseen combination of circumstances
  2       calling for continuing care of such person. As used in this subsection,
  3       transportation includes performance of the authorized level of services of
  4       the attendant whether within or outside the vehicle as part of such trans-
  5       portation services.
  6             (r) (s) "Operator" means a person or municipality who has a permit
  7       to operate an ambulance service in the state of Kansas.
  8             (s) (q) "Person" means an individual, a partnership, an association, a
  9       joint-stock company or a corporation.
10             (t) (r) "Physician" means a person licensed by the state board of heal-
11       ing arts to practice medicine and surgery.
12             (u) (s) "Physician's assistant" means a person who is registered in
13       accordance with the provisions of K.S.A. 65-2896a, and amendments
14       thereto and who is acting under the direction of a responsible physician.
15             (v) (t) "Professional nurse" means a licensed professional nurse as
16       defined by K.S.A. 65-1113, and amendments thereto.
17             (w) (u) "Provider of training" means a corporation, partnership, ac-
18       credited postsecondary education institution, ambulance service, fire de-
19       partment, hospital or municipality that conducts training programs that
20       include, but are not limited to, initial courses of instruction and continuing
21       education for attendants, instructor-coordinators or training officers.
22             (x) (v) "Responsible physician" means responsible physician as such
23       term is defined under K.S.A. 65-2897a and amendments thereto.
24             (w) "Secretary" means the secretary of health and environment.
25             (y) (x) "Training officer" means a person who is certified pursuant to
26       this act to teach initial courses of instruction for first responders and
27       continuing education as prescribed by the board.
28             Sec.  11. K.S.A. 65-6113 is hereby amended to read as follows: 65-
29       6113. (a) The governing body of any municipality may establish, operate
30       and maintain an emergency medical service or ambulance service as pro-
31       vided in this act as a municipal function and may contract with any person,
32       other municipality or board of a county hospital for the purpose of fur-
33       nishing emergency medical services or ambulance services within or with-
34       out the boundaries of the municipality upon such terms and conditions
35       and for such compensation as may be agreed upon which shall be payable
36       from the general fund of such municipality or from a special fund for
37       which a tax is levied under the provisions of this act.
38             (b) The governing body of the municipality may make an annual tax
39       levy of not to exceed three mills upon all of the taxable tangible property
40       within such municipality for the establishment, operation and mainte-
41       nance of an emergency medical service or ambulance service under this
42       act and to pay a portion of the principal and interest on bonds issued
43       under the authority of K.S.A. 12-1774, and amendments thereto.

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  1             (c) No tax shall be levied under the provisions of subsection (b) until
  2       the governing body of the municipality adopts an ordinance or resolution
  3       authorizing the levy of such tax. Such ordinance or resolution shall be
  4       published once each week for three consecutive weeks in the official
  5       newspaper of the municipality. If within 60 days following the last pub-
  6       lication of such ordinance or resolution, a petition in opposition to the
  7       levy of such tax, signed by a number of the qualified electors of such
  8       municipality equal to not less than 5% of the electors of such municipality
  9       who voted for the office of secretary of state at the last general election,
10       is filed with the county election officer of the county in which such mu-
11       nicipality is located, the question of whether the levy shall be made shall
12       be submitted to the electors of the municipality at the next primary or
13       general election within such municipality, or if such primary or general
14       election does not take place within 60 days after the date the petition was
15       filed, the question may be submitted at a special election called and held
16       therefor. If no petition has been filed and the time prescribed for filing
17       the petition expires prior to August 1 in any year, or if the petition was
18       filed and a majority of the electors voting on the question of levying the
19       tax vote in favor thereof at an election held prior to August 1 in any year,
20       the governing body of the municipality may levy in that year and in each
21       succeeding year in the amount specified in the ordinance or resolution,
22       but not exceeding three mills. If no petition has been filed and the time
23       prescribed for filing the petition expires after September 30 in any year,
24       or if the petition was filed and a majority of the electors voting on the
25       question of levying the tax vote in favor thereof at an election held after
26       September 30 in any year, the governing body of the municipality may
27       levy in the next succeeding year and in each succeeding year thereafter
28       the amount specified in the ordinance or resolution, but not exceeding
29       three mills.
30             (d) In the case of a county, the board of county commissioners shall
31       not provide ambulance service under the provisions of this act in any part
32       of the county which receives ambulance service, but the county shall
33       reimburse any taxing district which on the effective date of this act pro-
34       vides ambulance services to such district with its proportionate share of
35       the county general fund or special tax levy fund budgeted for ambulance
36       services within the county. Such reimbursement shall be based on the
37       amount that the assessed tangible taxable valuation of the taxing district
38       bears to the total taxable tangible valuation of the county, but in no event
39       shall such taxing district receive from the county more than the district's
40       cost of furnishing such ambulance services. Any taxing district establishing
41       ambulance service in any part of a county under the provisions of this act
42       on or after the effective date of this act shall not be entitled to receive
43       reimbursement pursuant to this subsection until a final order of the emer-

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  1       gency medical services board secretary ordering such reimbursement is
  2       issued following the furnishing of notice and an opportunity for a hearing
  3       to the interested parties. No order for reimbursement shall be issued
  4       unless the emergency medical service board secretary finds that such
  5       establishment shall enhance or improve ambulance service provided to
  6       the residents of such taxing district as determined in accordance with
  7       criteria established by rules and regulations adopted by the board
  8       secretary.
  9             Sec.  12. K.S.A. 65-6126 is hereby amended to read as follows: 65-
10       6126. Each emergency medical service shall have a medical adviser ap-
11       pointed by the operator of the service to review, approve and monitor
12       the activities of the attendants. The board secretary may approve an al-
13       ternative procedure for medical oversight if no medical adviser is
14       available.
15             Sec.  13. K.S.A. 1998 Supp. 65-6127 is hereby amended to read as
16       follows: 65-6127. (a) Application for a permit to operate an ambulance
17       service shall be made to the board secretary by the operator of the am-
18       bulance service upon forms provided by the administrator secretary and
19       shall be accompanied by a permit fee which shall be a base amount plus
20       an amount for each vehicle used by such operator in such operator's
21       ambulance service and which shall be fixed by rules and regulations of
22       the board secretary to cover all or any part of the cost of regulation of
23       ambulance services.
24             (b) The application shall state the name of the operator, the names
25       of the attendants of such ambulance service, the primary territory for
26       which the permit is sought, the type of service offered, the location and
27       physical description of the facility whereby calls for service will be re-
28       ceived, the facility wherein vehicles are to be garaged, a description of
29       vehicles and other equipment to be used by the service and such other
30       information as the board secretary may require.
31             (c) Nothing in this act shall be construed as granting an exclusive
32       territorial right to operate an ambulance service. Upon change of own-
33       ership of an ambulance service the permit issued to such service shall
34       expire 60 days after the change of ownership.
35             Sec.  14. K.S.A. 65-6128 is hereby amended to read as follows: 65-
36       6128. A permit shall not be issued to an operator unless the board sec-
37       retary finds the ambulance service is or will be staffed and equipped in
38       accordance with the rules and regulations promulgated by the board sec-
39       retary pursuant to K.S.A. 65-6110 and amendments thereto. If the board
40       secretary determines that an applicant is not qualified, such applicant
41       shall be notified of the denial of such application with a statement of the
42       reasons for such denial. The applicant may reapply upon submission of
43       evidence that the disqualifying factor alleged by the board secretary has

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  1       been corrected. No fee shall be required for the first reapplication made
  2       if it is submitted to the board secretary within one year of the date of the
  3       denial of the application.
  4             A permit to operate an ambulance service shall be valid for the calendar
  5       year for which it is issued and may be renewed upon payment of a permit
  6       fee in the amount established pursuant to K.S.A. 65-6127 and amend-
  7       ments thereto. At least once each month, all fees received pursuant to the
  8       provisions of this section shall be remitted to the state treasurer. Upon
  9       receipt of each such remittance, the state treasurer shall deposit the entire
10       amount thereof in the state treasury. Each such deposit shall be credited
11       to the state general fund.
12             Sec.  15. K.S.A. 1998 Supp. 65-6129 is hereby amended to read as
13       follows: 65-6129. (a) Application for an attendant's certificate shall be
14       made to the board secretary upon forms provided by the administrator
15       secretary. The board secretary may grant an attendant's certificate if the
16       applicant meets the following requirements:
17             (1)  (A) Has made application within one year from the date of the
18       last class of an appropriate course of instruction for the classification of
19       attendant's certificate for which application has been made; and
20             (B) has completed successfully such course of instruction, passed an
21       examination prescribed by the board secretary and paid a fee prescribed
22       by the board secretary; or
23             (2) has completed successfully a course of instruction or training ac-
24       credited by the joint review committee on accreditation of allied health
25       education programs, a program of instruction or training offered by the
26       armed forces of the United States or a program of instruction completed
27       in another state that is equivalent to a program approved by the board
28       secretary for the class of attendant's certificate applied for, passed an
29       examination prescribed by the board secretary and paid a fee prescribed
30       by the board secretary.
31             (b) An attendant applying for an emergency medical technician's cer-
32       tificate shall have completed successfully a course of training, approved
33       by the board secretary, in preliminary emergency medical care. An at-
34       tendant applying for a mobile intensive care technician's certificate shall
35       have completed successfully a course of training, approved by the board
36       secretary, which shall include, but not be limited to, didactic and clinical
37       experience in a hospital and in an emergency vehicle unit. An attendant
38       applying for an emergency medical technician-intermediate certificate
39       shall be certified as an emergency medical technician and shall have com-
40       pleted successfully a course of training, approved by the board secretary,
41       which shall include training in veni-puncture for blood sampling and ad-
42       ministration of intravenous fluids and advanced patient assessment. An
43       attendant applying for an emergency medical technician-defibrillator cer-

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  1       tificate shall be certified as an emergency medical technician and shall
  2       have completed successfully a training program approved by the board
  3       secretary.
  4             (c) An attendant's certificate shall be valid through December 31 of
  5       the year following the date of its initial issuance and may be renewed
  6       thereafter for a period of one year for each renewal for a fee as prescribed
  7       by rule and regulation of the board secretary upon presentation of satis-
  8       factory proof that the attendant has successfully completed continuing
  9       education as provided in this subsection. Attendants shall complete not
10       less than eight hours of continuing education as prescribed and approved
11       by the board secretary for each full calendar year that has elapsed since
12       the certification or the last renewal thereof.
13             (d) The emergency medical services board secretary may issue a tem-
14       porary certificate to any person who has not qualified for an attendant's
15       certificate under paragraph (1) or (2) of subsection (a) when:
16             (1) The operator for whom such person serves as an attendant re-
17       quests a temporary certificate for that person; and
18             (2) such person meets or exceeds certain minimum requirements
19       prescribed by the board secretary by rules and regulations.
20             A temporary certificate shall be effective for one year from the date of
21       its issuance or until the person has qualified as an attendant under par-
22       agraph (1) or (2) of subsection (a), whichever comes first. A temporary
23       certificate shall not be renewed and shall be valid only while an attendant
24       works for the operator requesting the temporary certificate. A person
25       holding a temporary certificate as an emergency medical technician shall
26       not be eligible to apply for certification as an emergency medical tech-
27       nician-intermediate, emergency medical technician-defibrillator or a mo-
28       bile intensive care technician.
29             (e) At least once each month all fees received pursuant to the pro-
30       visions of this section shall be remitted to the state treasurer. Upon receipt
31       of each such remittance, the state treasurer shall deposit the entire
32       amount thereof in the state treasury to the credit of the state general
33       fund.
34             (f) If a person who was previously certified as an attendant applies
35       for an attendant's certificate within two years of the date of its expiration,
36       the board secretary may grant a certificate without the person completing
37       a course of instruction or passing an examination if the person has com-
38       pleted continuing education requirements and has paid a fee prescribed
39       by rules and regulations.
40             Sec.  16. K.S.A. 1998 Supp. 65-6129a is hereby amended to read as
41       follows: 65-6129a. (a) While engaged in a course of training or continuing
42       education approved by the board secretary within a medical care facility,
43       a student or attendant engaged in such training or continuing education

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  1       shall be under the supervision of a physician or a professional nurse. While
  2       engaged in training or continuing education in emergency or nonemer-
  3       gency transportation outside a medical care facility, a student or attendant
  4       shall be under the direct supervision of an attendant who is at the mini-
  5       mum certified to provide the level of care for which the student is seeking
  6       certification or the attendant receiving the training is certified or shall be
  7       under the direct supervision of a physician or a professional nurse.
  8             (b) Nothing in the provisions of article 61 of chapter 65 of the Kansas
  9       Statutes Annotated or acts amendatory of the provisions thereof or sup-
10       plemental thereto shall be construed to preclude the provision of au-
11       thorized activities by students enrolled in a training program while en-
12       gaged in such program.
13             Sec.  17. K.S.A. 1998 Supp. 65-6129b is hereby amended to read as
14       follows: 65-6129b. (a) Application for an instructor-coordinator's certifi-
15       cate shall be made to the board secretary upon forms provided by the
16       administrator secretary. The board secretary may grant an instructor-
17       coordinator's certificate to an attendant who: (1) Has served as an atten-
18       dant in the emergency medical services field during the preceding 12
19       months prior to applying for such certificate; (2) has made application
20       within one year after successfully completing the training, approved by
21       the board secretary, in instructing and coordinating attendant training
22       programs; (3) has passed an examination prescribed by the board secre-
23       tary; and (4) has paid a fee as prescribed by rules and regulations of the
24       board secretary.
25             (b) The board secretary may grant an instructor-coordinator's certif-
26       icate to a physician or a professional nurse who: (1) Has made application
27       within one year after successfully completing the training, approved by
28       the board secretary, in instructing and coordinating attendant training
29       programs; (2) has passed an examination prescribed by the board secre-
30       tary; and (3) has paid a fee as prescribed by rules and regulations of the
31       board secretary.
32             (c) An instructor-coordinator's certificate shall be valid through De-
33       cember 31 of the year following the date of its initial issuance and may
34       be renewed thereafter for a period of one year for each renewal for a fee
35       as prescribed by rule and regulation of the board secretary upon pres-
36       entation of satisfactory proof that the instructor-coordinator has success-
37       fully completed continuing education as provided in this subsection. In-
38       structor-coordinators shall complete not less than eight hours of
39       continuing education as prescribed and approved by the emergency med-
40       ical services board secretary for each full calendar year that has elapsed
41       since the certification or the last renewal thereof.
42             (d) At least once each month, all fees received pursuant to this section
43       shall be remitted to the state treasurer. Upon receipt of each such re-

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  1       mittance, the state treasurer shall deposit the entire amount thereof in
  2       the state treasury to the credit of the state general fund.
  3             (e) If a person who was previously certified as an instructor-coordi-
  4       nator applies for an instructor-coordinator certificate within two years of
  5       the date of its expiration, the board secretary may grant a certificate with-
  6       out the person completing the training or passing an examination if the
  7       person complies with the other provisions of subsection (a) or (b) and
  8       completes continuing education requirements prescribed by the board
  9       secretary.
10             Sec.  18. K.S.A. 1998 Supp. 65-6129c is hereby amended to read as
11       follows: 65-6129c. (a) Application for a training officer's certificate shall
12       be made to the emergency medical services board secretary upon forms
13       provided by the administrator secretary. The board secretary may grant
14       a training officer's certificate to an applicant who: (1) Is an emergency
15       medical technician, emergency medical technician-intermediate, emer-
16       gency medical technician-defibrillator, mobile intensive care technician,
17       physician or professional nurse; (2) successfully completes an initial
18       course of training approved by the board secretary; (3) passes an exami-
19       nation prescribed by the board secretary; (4) is appointed by a provider
20       of training approved by the board secretary; and (5) has paid a fee estab-
21       lished by the board secretary.
22             (b) A training officer's certificate shall be valid through December 31
23       of the year following the date of its initial issuance and may be renewed
24       thereafter for a period of one year as prescribed by the board secretary
25       for a fee as prescribed by rules and regulations upon presentation of
26       satisfactory proof that the training officer has successfully completed con-
27       tinuing education prescribed by the board secretary and is certified as an
28       emergency medical technician, emergency medical technician-interme-
29       diate, emergency medical technician-defibrillator, mobile-intensive care
30       technician, physician or professional nurse.
31             (c) A training officer's certificate may be denied, revoked, limited,
32       modified or suspended or the board secretary may refuse to renew such
33       certificate in accordance with the Kansas administrative procedures act
34       upon any of the following conditions: (1) Failure to maintain certifica-
35       tion or licensure as an emergency medical technician, emergency medical
36       technician-intermediate, emergency medical technician-defibrillator, mo-
37       bile intensive care technician, physician or professional nurse; (2) with-
38       drawal of appointment by a provider of training; or (3) failure to suc-
39       cessfully complete continuing education.
40             (d) A training officer's certificate may be denied, revoked, limited,
41       modified or suspended by the board secretary or the board secretary may
42       refuse to renew such certificate upon proof that such individual:
43             (1) Has made intentional misrepresentations in obtaining a certificate

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  1       or renewing a certificate;
  2             (2) has demonstrated incompetence or engaged in unprofessional
  3       conduct as defined by rules and regulations adopted by the board
  4       secretary;
  5             (3) has violated or aided and abetted in the violation of any provision
  6       of this act or the rules and regulations promulgated by the board secre-
  7       tary; or
  8             (4) has been convicted of any state or federal crime that is related
  9       substantially to the qualifications, functions and duties of a training officer
10       or any crime punishable as a felony under any state or federal statute. A
11       conviction means a plea of guilty, a plea of nolo contendere or a verdict
12       of guilty. The board secretary may take disciplinary action pursuant to
13       this section when the time for appeal has elapsed, or after the judgment
14       of conviction is affirmed on appeal or when an order granting probation
15       is made suspending the imposition of sentence.
16             (e) If a person who previously was certified as a training officer ap-
17       plies for a training officer's certificate within two years of the date of its
18       expiration, the board secretary may grant a certificate without the person
19       completing an initial course of training or taking an examination if the
20       person complies with the other provisions of subsection (a) and completes
21       continuing education requirements.
22             Sec.  19. K.S.A. 65-6130 is hereby amended to read as follows: 65-
23       6130. The board secretary may inquire into the operation of ambulance
24       services and the conduct of attendants, and may conduct periodic in-
25       spections of facilities, communications services, materials and equipment
26       at any time without notice. The board secretary may issue subpoenas to
27       compel an operator holding a permit to make access to or for the pro-
28       duction of records regarding services performed and to furnish such other
29       information as the board secretary may require to carry out the provisions
30       of this act to the same extent and subject to the same limitations as would
31       apply if the subpoenas were issued or served in aid of a civil action in the
32       district court. A copy of such records shall be kept in the operator's files
33       for a period of not less than three years. The board secretary also may
34       require operators to submit lists of personnel employed and to notify the
35       board secretary of any changes in personnel or in ownership of the am-
36       bulance service.
37             Sec.  20. K.S.A. 65-6132 is hereby amended to read as follows: 65-
38       6132. (a) An operator's permit may be denied, revoked, limited, modified
39       or suspended by the board secretary upon proof that such operator or
40       any agent or employee thereof:
41             (1) Has been guilty of misrepresentation in obtaining the permit or
42       in the operation of the ambulance service;
43             (2) has engaged or attempted to engage in, or represented themselves

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  1       as entitled to perform, any ambulance service not authorized in the
  2       permit;
  3             (3) has demonstrated incompetence as defined by rules and regula-
  4       tions adopted by the board secretary or has shown themselves otherwise
  5       unable to provide adequate ambulance service;
  6             (4) has failed to keep and maintain the records required by the pro-
  7       visions of this act, or the rules and regulations promulgated thereunder,
  8       or has failed to make reports when and as required;
  9             (5) has knowingly operated faulty or unsafe equipment; or
10             (6) has violated or aided and abetted in the violation of any provision
11       of this act or the rules and regulations promulgated thereunder.
12             (b) The board secretary shall not limit, modify, revoke or suspend
13       any operator's permit pursuant to this section without first conducting a
14       hearing in accordance with the provisions of the administrative procedure
15       act.
16             Sec.  21. K.S.A. 1998 Supp. 65-6133 is hereby amended to read as
17       follows: 65-6133. (a) An attendant's or instructor-coordinator's certificate
18       may be denied, revoked, limited, modified or suspended by the board
19       secretary or the board secretary may refuse to renew such certificate upon
20       proof that such individual:
21             (1) Has made intentional misrepresentations in obtaining a certificate
22       or renewing a certificate;
23             (2) has performed or attempted to perform activities not authorized
24       by statute at the level of certification held by the individual;
25             (3) has demonstrated incompetence as defined by rules and regula-
26       tions adopted by the board secretary or has provided inadequate patient
27       care as determined by the board secretary;
28             (4) has violated or aided and abetted in the violation of any provision
29       of this act or the rules and regulations promulgated thereunder;
30             (5) has been convicted of a felony and, after investigation by the board
31       secretary, it is determined that such person has not been sufficiently
32       rehabilitated to warrant the public trust;
33             (6) has demonstrated an inability to perform authorized activities with
34       reasonable skill and safety by reason of illness, alcoholism, excessive use
35       of drugs, controlled substances or any physical or mental condition; or
36             (7) has engaged in unprofessional conduct, as defined by rules and
37       regulations adopted by the board secretary.
38             (b) The board secretary may limit, modify, revoke or suspend an at-
39       tendant's or instructor-coordinator's certificate or the board secretary
40       may refuse to renew such certificate in accordance with the provisions of
41       the Kansas administrative procedure act.
42             Sec.  22. K.S.A. 65-6134 is hereby amended to read as follows: 65-
43       6134. An operator's permit may be temporarily limited or restricted by

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  1       the board secretary, pending a hearing, upon receipt of a complaint in-
  2       dicating the public health, safety or welfare to be in imminent danger. If
  3       an inspection proves the complaint to be invalid, or that the cause therefor
  4       has been corrected, the limitation or restriction shall be terminated.
  5             Proceedings under this section may be initiated by the board secretary
  6       or by any person filing written charges with the board secretary. The
  7       board secretary shall not limit nor restrict any permit pursuant to this
  8       section without first conducting a hearing in accordance with the provi-
  9       sions of the Kansas administrative procedure act.
10             Sec.  23. K.S.A. 1998 Supp. 65-6135 is hereby amended to read as
11       follows: 65-6135. (a) All ambulance services providing emergency care as
12       defined by the rules and regulations adopted by the board secretary shall
13       offer service 24 hours per day every day of the year.
14             (b) Whenever an operator is required to have a permit, at least one
15       person on each vehicle providing emergency medical service shall be an
16       attendant certified as an emergency medical technician, emergency med-
17       ical technician-intermediate, emergency medical technician-defibrillator,
18       a mobile intensive care technician, a physician, a registered physician's
19       assistant or a professional nurse.
20             Sec.  24. K.S.A. 65-6136 is hereby amended to read as follows: 65-
21       6136. (a) Nothing in this act shall be construed:
22             (1) To prevent the operation of a police emergency vehicle;
23             (2) to affect any statute or regulatory authority vested in the depart-
24       ment of transportation concerning automotive equipment and safety
25       requirements;
26             (3) to prohibit any privately owned vehicles and aircraft not ordinarily
27       used in the ambulance service business from transporting persons who
28       are sick, injured, wounded or otherwise incapacitated or helpless;
29             (4) to prevent any vehicle from being pressed into service as an am-
30       bulance when the operator determines an emergency exists and provides
31       written notification to the board secretary within 72 hours after the use
32       of such vehicle; or
33             (5) to prohibit any ambulance lawfully operating under the laws of a
34       state adjoining Kansas from providing emergency transportation of a pa-
35       tient from a municipality not otherwise served by an ambulance service
36       located in Kansas to a location within or outside the state of Kansas when
37       the governing body of such municipality declares a hardship. The gov-
38       erning body or board shall notify the board secretary at least 30 days prior
39       to the initiation of such out-of-state service.
40             (b) Ambulances owned and operated by an agency of the United
41       States government shall be exempt from the provisions of this act.
42             (c) Any ambulance based outside of this state receiving a patient
43       within the state for transportation to a location within this state or re-

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  1       ceiving a patient within this state for emergency transportation to a lo-
  2       cation outside this state shall comply with the provisions of this act except
  3       when such ambulance is rendering service in the case of a major catas-
  4       trophe, such ambulance is making a prearranged hospital-to-hospital
  5       transfer or except as otherwise provided by rules and regulations adopted
  6       by the board secretary.
  7             Sec.  25. K.S.A. 65-6138 is hereby amended to read as follows: 65-
  8       6138. In order to provide adequate emergency medical care for the peo-
  9       ple of this state, the emergency medical services board secretary is hereby
10       authorized to establish, maintain and operate an emergency medical serv-
11       ices communications system, subject to approval by the secretary of ad-
12       ministration under K.S.A. 75-4709, and amendments thereto. The emer-
13       gency medical services board secretary shall establish communication
14       centers, to be known as medical communications centers, in various lo-
15       cations in the state to be determined by the emergency medical services
16       board secretary, for the purposes of receiving requests for emergency
17       medical assistance and for coordinating the activities of ambulances with
18       medical care facilities and other emergency public safety agencies. Sub-
19       ject to approval by the secretary of administration under K.S.A. 75-4709,
20       and amendments thereto, the emergency medical services board secre-
21       tary may provide mobile radio units to ambulance services, as hereinafter
22       provided, which will provide such ambulance services with direct com-
23       munication to or from medical communication centers established for
24       such purpose.
25             Sec.  26. K.S.A. 65-6139 is hereby amended to read as follows: 65-
26       6139. For the purpose of establishing, operating and maintaining the
27       emergency medical services communications system, the board secretary
28       may enter into contracts with any state agency, and any such agency is
29       authorized to contract for such purpose with the board secretary. The
30       board secretary also may enter into contracts or other agreements with
31       any city, county, township, fire district or hospital district, or any person,
32       firm or corporation for the establishment of an emergency medical serv-
33       ices communications system or the establishment or operation of any part
34       thereof including placement, operation and maintenance of equipment.
35       In accordance with the authority of the secretary of administration under
36       K.S.A. 75-4709, and amendments thereto, all contracts entered into by
37       the board secretary under this section shall be subject to approval by the
38       secretary of administration.
39             Any contract or agreement for the placement or operation of equip-
40       ment with any ambulance service shall provide that the person, firm,
41       corporation or municipality operating such ambulance service shall main-
42       tain such equipment in accordance with terms and conditions established
43       by the board secretary. The contracts, agreements or contracts for the

HB 2212

17

  1       placement of equipment in medical communication centers shall provide
  2       that such equipment shall only be used only for the purpose of operating
  3       the emergency medical services communications system and that the
  4       board secretary or the board's secretary's designated agent may inspect
  5       such equipment at any time. Ownership of any such equipment shall
  6       remain with the state and any contracts for the placement of such equip-
  7       ment may be withdrawn or canceled at any time, at the option of the
  8       board secretary and the secretary of administration under K.S.A. 75-4709,
  9       and amendments thereto.
10             Sec.  27. K.S.A. 65-6140 is hereby amended to read as follows: 65-
11       6140. For the purposes of establishing, operating and maintaining an
12       emergency medical services communications system, the emergency
13       medical services board secretary may accept any grant of money or prop-
14       erty, including any federal moneys available therefor. Within the limits
15       of appropriations available therefor and subject to approval by the sec-
16       retary of administration under K.S.A. 75-4709, and amendments thereto,
17       the emergency medical services board secretary may acquire, in the name
18       of the state, any equipment necessary for such communications system.
19             Sec.  28. K.S.A. 1998 Supp. 65-6144 is hereby amended to read as
20       follows: 65-6144. A first responder may perform any of the following
21       activities:
22             (a) Initial scene management including, but not limited to, gaining
23       access to the individual in need of emergency care, extricating, lifting and
24       moving the individual;
25             (b) cardiopulmonary resuscitation and airway management;
26             (c) control of bleeding;
27             (d) extremity splinting excluding traction splinting;
28             (e) stabilization of the condition of the individual in need of emer-
29       gency care;
30             (f) oxygen therapy;
31             (g) use of oropharyngeal airways;
32             (h) use of bag valve masks;
33             (i) use automated external defibrillators; and
34             (j) other techniques of preliminary care a first responder is trained to
35       provide as approved by the board secretary.
36             Sec.  29. K.S.A. 65-6151 is hereby amended to read as follows: 65-
37       6151. There is hereby created in the state treasury an emergency medical
38       services operating fund. Expenditures from the emergency medical serv-
39       ices operating fund shall be made in accordance with appropriation acts
40       upon warrants of the director of accounts and reports issued pursuant to
41       vouchers approved by the chairperson of the emergency medical services
42       board secretary or by a person or persons designated by such chairperson
43       the secretary.

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  1             Sec.  30. K.S.A. 1998 Supp. 8-1404 is hereby amended to read as
  2       follows: 8-1404. "Authorized emergency vehicle" means such fire de-
  3       partment vehicles or police bicycles or police vehicles which are publicly
  4       owned; motor vehicles operated by ambulance services permitted by the
  5       emergency medical services board secretary of health and environment
  6       under the provisions of K.S.A. 65-6101 et seq. article 61 of chapter 65 of
  7       the Kansas Statutes Annotated, and amendments thereto; and such other
  8       publicly or privately owned vehicles which are designated as emergency
  9       vehicles pursuant to K.S.A. 8-2010, and amendments thereto.
10             Sec.  31. K.S.A. 1998 Supp. 8-2010 is hereby amended to read as
11       follows: 8-2010. (a) Any particular vehicle listed in subsection (b) of K.S.A.
12       1998 Supp. 8-2010a, and amendments thereto, shall be designated, by
13       the board of county commissioners in which such vehicle is located, as
14       an authorized emergency vehicle upon the filing of an application pur-
15       suant to K.S.A. 1998 Supp. 8-2010a, and amendments thereto and a find-
16       ing that designation of such vehicle is necessary to the preservation of life
17       or property or to the execution of emergency governmental functions.
18       The designation shall be in writing and the written designation shall be
19       carried in the vehicle at all times, but failure to carry the written desig-
20       nation shall not affect the status of the vehicle as an authorized emergency
21       vehicle.
22             (b) Any vehicle designated as an authorized emergency vehicle prior
23       to the effective date of this act, may continue to operate as an authorized
24       emergency vehicle, as long as: (1) The ownership of such vehicle re-
25       mains unchanged; and (2) the use of such vehicle for purposes for which
26       such vehicle was designated remains unchanged, except that all future
27       operation of such vehicle as an authorized emergency vehicle shall be in
28       accordance with this section and such other applicable provisions of law.
29             (c) Fire department vehicles or police vehicles which are publicly
30       owned, and motor vehicles operated by ambulance services permitted by
31       the emergency medical services board secretary of health and environ-
32       ment under the provisions of K.S.A. 65-6101 et seq. article 61 of chapter
33       65 of the Kansas Statutes Annotated, and amendments thereto, shall not
34       be required to be designated by the board of county commissioners as
35       authorized emergency vehicles.
36             (d) Any vehicle designated under the provisions of this section, as an
37       authorized emergency vehicle in the county in which such vehicle is lo-
38       cated, shall be a valid designation of such vehicle in any other county and
39       such vehicle shall be authorized to operate as an authorized emergency
40       vehicle without being required to obtain any additional designation in any
41       other county.
42             Sec.  32. K.S.A. 1998 Supp. 65-4915 is hereby amended to read as
43       follows: 65-4915. (a) As used in this section:

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  1             (1) "Health care provider" means: (A) Those persons and entities
  2       defined as a health care provider under K.S.A. 40-3401 and amendments
  3       thereto; and (B) a dentist licensed by the Kansas dental board, a dental
  4       hygienist licensed by the Kansas dental board, a professional nurse li-
  5       censed by the board of nursing, a practical nurse licensed by the board
  6       of nursing, a mental health technician licensed by the board of nursing,
  7       a physical therapist assistant certified by the state board of healing arts,
  8       an occupational therapist registered by the state board of healing arts, an
  9       occupational therapy assistant registered by the state board of healing
10       arts, a respiratory therapist registered by the state board of healing arts,
11       a physician's assistant registered by the state board of healing arts and
12       attendants and ambulance services certified by the emergency medical
13       services board secretary of health and environment.
14             (2) "Health care provider group" means:
15             (A) A state or local association of health care providers or one or more
16       committees thereof;
17             (B) the board of governors created under K.S.A. 40-3403 and amend-
18       ments thereto;
19             (C) an organization of health care providers formed pursuant to state
20       or federal law and authorized to evaluate medical and health care services;
21             (D) a review committee operating pursuant to K.S.A. 65-2840b
22       through 65-2840d, and amendments thereto;
23             (E) an organized medical staff of a licensed medical care facility as
24       defined by K.S.A. 65-425 and amendments thereto, an organized medical
25       staff of a private psychiatric hospital licensed under K.S.A. 75-3307b and
26       amendments thereto or an organized medical staff of a state psychiatric
27       hospital or state institution for the mentally retarded, as follows: Larned
28       state hospital, Osawatomie state hospital, Rainbow mental health facility,
29       Topeka state hospital, Kansas neurological institute, Norton state hospital,
30       Parsons state hospital and training center and Winfield state hospital and
31       training center;
32             (F) a health care provider;
33             (G) a professional society of health care providers or one or more
34       committees thereof;
35             (H) a Kansas corporation whose stockholders or members are health
36       care providers or an association of health care providers, which corpora-
37       tion evaluates medical and health care services; or
38             (I) an insurance company, health maintenance organization or ad-
39       ministrator of a health benefits plan which engages in any of the functions
40       defined as peer review under this section.
41             (3) "Peer review" means any of the following functions:
42             (A) Evaluate and improve the quality of health care services rendered
43       by health care providers;

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  1             (B) determine that health services rendered were professionally in-
  2       dicated or were performed in compliance with the applicable standard of
  3       care;
  4             (C) determine that the cost of health care rendered was considered
  5       reasonable by the providers of professional health services in this area;
  6             (D) evaluate the qualifications, competence and performance of the
  7       providers of health care or to act upon matters relating to the discipline
  8       of any individual provider of health care;
  9             (E) reduce morbidity or mortality;
10             (F) establish and enforce guidelines designed to keep within reason-
11       able bounds the cost of health care;
12             (G) conduct of research;
13             (H) determine if a hospital's facilities are being properly utilized;
14             (I) supervise, discipline, admit, determine privileges or control mem-
15       bers of a hospital's medical staff;
16             (J) review the professional qualifications or activities of health care
17       providers;
18             (K) evaluate the quantity, quality and timeliness of health care serv-
19       ices rendered to patients in the facility;
20             (L) evaluate, review or improve methods, procedures or treatments
21       being utilized by the medical care facility or by health care providers in
22       a facility rendering health care.
23             (4) "Peer review officer or committee" means:
24             (A) An individual employed, designated or appointed by, or a com-
25       mittee of or employed, designated or appointed by, a health care provider
26       group and authorized to perform peer review; or
27             (B) a health care provider monitoring the delivery of health care at
28       correctional institutions under the jurisdiction of the secretary of
29       corrections.
30             (b) Except as provided by K.S.A. 60-437 and amendments thereto
31       and by subsections (c) and (d), the reports, statements, memoranda, pro-
32       ceedings, findings and other records submitted to or generated by peer
33       review committees or officers shall be privileged and shall not be subject
34       to discovery, subpoena or other means of legal compulsion for their re-
35       lease to any person or entity or be admissible in evidence in any judicial
36       or administrative proceeding. Information contained in such records shall
37       not be discoverable or admissible at trial in the form of testimony by an
38       individual who participated in the peer review process. The peer review
39       officer or committee creating or initially receiving the record is the holder
40       of the privilege established by this section. This privilege may be claimed
41       by the legal entity creating the peer review committee or officer, or by
42       the commissioner of insurance for any records or proceedings of the
43       board of governors.

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  1             (c) Subsection (b) shall not apply to proceedings in which a health
  2       care provider contests the revocation, denial, restriction or termination
  3       of staff privileges or the license, registration, certification or other au-
  4       thorization to practice of the health care provider. A licensing agency in
  5       conducting a disciplinary proceeding in which admission of any peer re-
  6       view committee report, record or testimony is proposed shall hold the
  7       hearing in closed session when any such report, record or testimony is
  8       disclosed. Unless otherwise provided by law, a licensing agency conduct-
  9       ing a disciplinary proceeding may close only that portion of the hearing
10       in which disclosure of a report or record privileged under this section is
11       proposed. In closing a portion of a hearing as provided by this section,
12       the presiding officer may exclude any person from the hearing location
13       except the licensee, the licensee's attorney, the agency's attorney, the
14       witness, the court reporter and appropriate staff support for either coun-
15       sel. The licensing agency shall make the portions of the agency record in
16       which such report or record is disclosed subject to a protective order
17       prohibiting further disclosure of such report or record. Such report or
18       record shall not be subject to discovery, subpoena or other means of legal
19       compulsion for their release to any person or entity. No person in at-
20       tendance at a closed portion of a disciplinary proceeding shall at a sub-
21       sequent civil, criminal or administrative hearing, be required to testify
22       regarding the existence or content of a report or record privileged under
23       this section which was disclosed in a closed portion of a hearing, nor shall
24       such testimony be admitted into evidence in any subsequent civil, crim-
25       inal or administrative hearing. A licensing agency conducting a discipli-
26       nary proceeding may review peer review committee records, testimony
27       or reports but must prove its findings with independently obtained tes-
28       timony or records which shall be presented as part of the disciplinary
29       proceeding in open meeting of the licensing agency. Offering such tes-
30       timony or records in an open public hearing shall not be deemed a waiver
31       of the peer review privilege relating to any peer review committee testi-
32       mony, records or report.
33             (d) Nothing in this section shall limit the authority, which may oth-
34       erwise be provided by law, of the commissioner of insurance, the state
35       board of healing arts or other health care provider licensing or disciplinary
36       boards of this state to require a peer review committee or officer to report
37       to it any disciplinary action or recommendation of such committee or
38       officer; to transfer to it records of such committee's or officer's proceed-
39       ings or actions to restrict or revoke the license, registration, certification
40       or other authorization to practice of a health care provider; or to terminate
41       the liability of the fund for all claims against a specific health care provider
42       for damages for death or personal injury pursuant to subsection (i) of
43       K.S.A. 40-3403 and amendments thereto. Reports and records so fur-

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  1       nished shall not be subject to discovery, subpoena or other means of legal
  2       compulsion for their release to any person or entity and shall not be
  3       admissible in evidence in any judicial or administrative proceeding other
  4       than a disciplinary proceeding by the state board of healing arts or other
  5       health care provider licensing or disciplinary boards of this state.
  6             (e) A peer review committee or officer may report to and discuss its
  7       activities, information and findings to other peer review committees or
  8       officers or to a board of directors or an administrative officer of a health
  9       care provider without waiver of the privilege provided by subsection (b)
10       and the records of all such committees or officers relating to such report
11       shall be privileged as provided by subsection (b).
12             (f) Nothing in this section shall be construed to prevent an insured
13       from obtaining information pertaining to payment of benefits under a
14       contract with an insurance company, a health maintenance organization
15       or an administrator of a health benefits plan.
16             Sec.  33. K.S.A. 1998 Supp. 65-4941 is hereby amended to read as
17       follows: 65-4941. As used in this act:
18             (a) "Cardiopulmonary resuscitation" means chest compressions, as-
19       sisted ventilations, intubation, defibrillation, administration of cardiotonic
20       medications or other medical procedure which is intended to restart
21       breathing or heart functioning;
22             (b) "do not resuscitate" directive or "DNR directive" means a wit-
23       nessed document in writing, voluntarily executed by the declarant in ac-
24       cordance with the requirements of this act;
25             (c) "do not resuscitate order" or "DNR order" means instruction by
26       the physician who is responsible for the care of the patient while admitted
27       to a medical care facility licensed pursuant to K.S.A. 65-429, and amend-
28       ments thereto, or an adult care home licensed pursuant to K.S.A. 39-928,
29       and amendments thereto;
30             (d) "health care provider" means a health care provider as that term
31       is defined by K.S.A. 65-4915, and amendments thereto;
32             (e) "DNR identifier" means a medallion or bracelet designed to be
33       worn by a patient which has been inscribed to identify the patient and
34       contains the letters "DNR" or the statement "do not resuscitate" when
35       such DNR identifier is distributed by an entity certified by the emergency
36       medical services board secretary of health and environment under article
37       61 of chapter 65 of the Kansas Statutes Annotated and amendments
38       thereto;
39             (f) "physician" means a person licensed to practice medicine and sur-
40       gery by the state board of healing arts; and
41             (g) "declarant" means any person who has executed a "do not resus-
42       citate" directive in accordance with the provisions of this act.
43             Sec.  34. K.S.A. 1998 Supp. 65-4946 is hereby amended to read as

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  1       follows: 65-4946. The emergency medical services board secretary of
  2       health and environment shall certify pursuant to rules and regulations
  3       entities which distribute DNR identifiers. Such entities may be certified
  4       when a DNR identifier is distributed only pursuant to a properly executed
  5       "do not resuscitate" directive and when such entity maintains a toll free,
  6       staffed telephone line that may be called at any time to verify the identity
  7       of the patient. 
  8       Sec.  35. K.S.A. 65-6101, 65-6103, 65-6104, 65-6105, 65-6106, 65-
  9       6107, 65-6108, 65-6109, 65-6113, 65-6122, 65-6126, 65-6128, 65-6130,
10       65-6132, 65-6134, 65-6136, 65-6138, 65-6139, 65-6140 and 65-6151 and
11       K.S.A. 1998 Supp. 8-1404, 8-2010, 65-4915, 65-4941, 65-4946, 65-6102,
12       65-6110, 65-6111, 65-6112, 65-6127, 65-6129, 65-6129a, 65-6129b, 65-
13       6129c, 65-6133, 65-6135 and 65-6144 are hereby repealed.
14        Sec.  36. This act shall take effect and be in force from and after its
15       publication in the statute book.