Session of 2000
Effective: July 1, 2000
HOUSE BILL No. 2696
An Act concerning the emergency medical services board; relating to
the powers and duties
thereof; relating to attendants,
instructor-coordinators and training officers; amending
K.S.A. 65-6128 and K.S.A. 1999 Supp. 65-6129,
65-6129b and 65-6129c and repealing
the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 65-6128 is hereby
amended to read as follows: 65-
6128. (a) A permit shall not be issued to an operator unless
the board
finds the ambulance service is or will be staffed and equipped in
accord-
ance with the rules and regulations promulgated by the board
pursuant
to K.S.A. 65-6110, and amendments thereto. If the board
determines that
an applicant is not qualified, such applicant shall be notified of
the denial
of such application with a statement of the reasons for such
denial. The
applicant may reapply upon submission of evidence that the
disqualifying
factor alleged by the board has been corrected. No fee shall be
required
for the first reapplication made if it is submitted to the board
within one
year of the date of the denial of the application.
(b) A permit to operate an
ambulance service shall be valid for the
calendar year for which it is issued a term
fixed by the board not to exceed
18 months and may be renewed upon payment of a
permit fee in the
amount fixed by the board pursuant to K.S.A. 65-6127, and
amendments
thereto. The board may prorate to the nearest whole month
the fee fixed
under this subsection as necessary to implement the provisions
of this
subsection.
(c) At least once each month, all
fees received pursuant to the pro-
visions of this section shall be remitted to the state treasurer.
Upon receipt
of each such remittance, the state treasurer shall deposit the
entire
amount thereof in the state treasury. Each such deposit shall be
credited
to the state general fund.
Sec. 2. K.S.A. 1999 Supp. 65-6129
is hereby amended to read as
follows: 65-6129. (a) Application for an attendant's certificate
shall be
made to the board upon forms provided by the administrator. The
board
may grant an attendant's certificate if the applicant meets the
following
requirements:
(1) (A) Has made application within
one year from the date of the
last class of an appropriate course of instruction for the
classification of
attendant's certificate for which application has been made;
and
(B) has completed successfully such
course of instruction, passed an
examination prescribed by the board and paid a fee prescribed by
the
board; or
(2) has completed successfully a course
of instruction or training ac-
credited by the joint review committee
commission on accreditation of allied
health education programs, a program of instruction or training
offered by
the armed forces of the United States or a program of instruction
completed
in another state that is equivalent to a program approved by the
board for
the class of attendant's certificate applied for, passed an
examination pre-
scribed by the board and paid a fee prescribed by the board.
(b) An attendant applying for an
emergency medical technician's cer-
tificate shall have completed successfully a course of training,
approved
by the board, in preliminary emergency medical care. An attendant
ap-
plying for a mobile intensive care technician's certificate shall
have com-
pleted successfully a course of training, approved by the board,
which
shall include, but not be limited to, didactic and clinical
experience in a
hospital and in an emergency vehicle unit. An attendant applying
for an
emergency medical technician-intermediate certificate shall be
certified
as an emergency medical technician and shall have completed
successfully
a course of training, approved by the board, which shall include
training
in veni-puncture for blood sampling and administration of
intravenous
fluids and advanced patient assessment. An attendant applying for
an
emergency medical technician-defibrillator certificate shall be
certified
as an emergency medical technician and shall have completed
successfully
a training program approved by the board.
(c) An attendant's certificate shall
be valid through December 31 of
the year following the date of its initial issuance
and expire on December
31, 2000, and may be renewed as provided in this section. On and
after
January 1, 2001, a certificate shall expire on the date
prescribed by the
board. An attendant's certificate may be renewed
thereafter for a period
of one year for each renewal for two years upon
payment of a fee as
prescribed by rule and regulation of the board and upon
presentation of
satisfactory proof that the attendant has successfully completed
continu-
ing education as provided in this subsection. Attendants
shall complete
not less than eight hours of continuing education as
prescribed and ap-
proved by the board for each full calendar year that has
elapsed since the
certification or the last renewal thereof
prescribed by the board. The
board may prorate to the nearest whole month the fee fixed under
this
subsection as necessary to implement the provisions of this
subsection.
(d) The emergency medical services board
may issue a temporary
certificate to any person who has not qualified for an attendant's
certifi-
cate under paragraph (1) or (2) of subsection (a) when:
(1) The operator for whom such person
serves as an attendant re-
quests a temporary certificate for that person; and
(2) such person meets or exceeds certain
minimum requirements
prescribed by the board by rules and regulations.
A temporary certificate shall be effective for
one year from the date of
its issuance or until the person has qualified as an attendant
under par-
agraph (1) or (2) of subsection (a), whichever comes first. A
temporary
certificate shall not be renewed and shall be valid only while an
attendant
works for the operator requesting the temporary certificate. A
person
holding a temporary certificate as an emergency medical technician
shall
not be eligible to apply for certification as an emergency medical
tech-
nician-intermediate, emergency medical technician-defibrillator or
a mo-
bile intensive care technician.
(e) At least once each month all fees
received pursuant to the provisions
of this section shall be remitted to the state treasurer. Upon
receipt of each
such remittance, the state treasurer shall deposit the entire
amount thereof
in the state treasury to the credit of the state general fund.
(f) If a person who was previously
certified as an attendant applies
for an attendant's certificate within two years of the date of its
expiration,
the board may grant a certificate without the person completing a
course
of instruction or passing an examination if the person has
completed con-
tinuing education requirements and has paid a fee prescribed by
rules
and regulations.
Sec. 3. K.S.A. 1999 Supp. 65-6129b
is hereby amended to read as
follows: 65-6129b. (a) Application for an instructor-coordinator's
certifi-
cate shall be made to the board upon forms provided by the
administrator.
The board may grant an instructor-coordinator's certificate to an
atten-
dant who: (1) Has served as an attendant in the emergency medical
serv-
ices field during the preceding 12 months prior to applying for
such cer-
tificate; (2) has made application within one year after
successfully
completing the training, approved by the board, in instructing and
coor-
dinating attendant training programs; (3) has passed an examination
pre-
scribed by the board; and (4) has paid a fee as prescribed by rules
and
regulations of the board.
(b) The board may grant an
instructor-coordinator's certificate to a
physician or a professional nurse who: (1) Has made application
within
one year after successfully completing the training, approved by
the
board, in instructing and coordinating attendant training programs;
(2)
has passed an examination prescribed by the board; and (3) has paid
a
fee as prescribed by rules and regulations of the board.
(c) An instructor-coordinator's
certificate shall be valid through De-
cember 31 of the year following the date of its initial
issuance and expire
on the expiration date of the attendant's certificate if the
instructor-co-
ordinator is an attendant or on the expiration date of the
physician's or
professional nurse's license if the instructor is a physician or
professional
nurse. An instructor-coordinator's certificate may be
renewed thereafter
for a period of one year for each renewal for
for the same period as the
attendant's certificate or the physician's or professional
nurse's license
upon payment of a fee as prescribed by rule and regulation
of the board
and upon presentation of satisfactory proof that the
instructor-coordina-
tor has successfully completed continuing education as
provided in this
subsection. Instructor-coordinators shall complete not less
than eight
hours of continuing education as prescribed and approved by
the emer-
gency medical services board for each full calendar year
that has elapsed
since the certification or the last renewal
thereof prescribed by the board.
The board may prorate to the nearest whole month the fee fixed
under
this subsection as necessary to implement the provisions of this
subsection.
(d) An instructor-coordinator's
certificate may be denied, revoked,
limited, modified or suspended by the board or the board may
refuse to
renew such certificate if such individual:
(1) Does not hold an attendant's
certificate or a physician's or pro-
fessional nurse's license;
(2) has made misrepresentations
intentionally in obtaining a certifi-
cate or renewing a certificate;
(3) has demonstrated incompetence or
engaged in unprofessional con-
duct as defined by rules and regulations adopted by the
board;
(4) has violated or aided and abetted
in the violation of any provision
of this act or rules and regulations adopted by the board;
or
(5) has been convicted of any state or
federal crime that is related
substantially to the qualifications, functions and duties of an
instructor-
coordinator or any crime punishable as a felony under any state
or federal
statute, and the board determines that such individual has not
been suf-
ficiently rehabilitated to warrant the public trust. A
conviction means a
plea of guilty, a plea of nolo contendere or a verdict of
guilty. The board
may take disciplinary action pursuant to this section when the
time for
appeal has elapsed, or after the judgment of conviction is
affirmed on
appeal or when an order granting probation is made suspending
the im-
position of sentence.
(e) The board may limit, modify,
revoke or suspend a certificate or
the board may refuse to renew such certificate in accordance
with the
provisions of the Kansas administrative procedure act.
(d) (f) At least
once each month, all fees received pursuant to this
section shall be remitted to the state treasurer. Upon receipt of
each such
remittance, the state treasurer shall deposit the entire amount
thereof in
the state treasury to the credit of the state general fund.
(e) (g) If a
person who was previously certified as an instructor-co-
ordinator applies for an instructor-coordinator certificate within
two years
of the date of its expiration, the board may grant a certificate
without the
person completing the training or passing an examination if the
person
complies with the other provisions of subsection (a) or (b) and
completes
continuing education requirements prescribed by the board.
Sec. 4. K.S.A. 1999 Supp. 65-6129c
is hereby amended to read as
follows: 65-6129c. (a) Application for a training officer's
certificate shall
be made to the emergency medical services board upon forms
provided
by the administrator. The board may grant a training officer's
certificate
to an applicant who: (1) Is an emergency medical technician,
emergency
medical technician-intermediate, emergency medical
technician-defibril-
lator, mobile intensive care technician, physician or professional
nurse;
(2) successfully completes an initial course of training approved
by the
board; (3) passes an examination prescribed by the board; (4) is
appointed
by a provider of training approved by the board; and (5) has paid a
fee
established by the board.
(b) A training officer's certificate
shall be valid through December 31
of the year following the date of its initial issuance
and expire on the
expiration date of the attendant's certificate if the training
officer is an
attendant or on the expiration date of the physician's or
professional
nurse's license if the training officer is a physician or
professional nurse.
A training officer's certificate may be renewed
thereafter for a period of
one year as prescribed by the board for for the
same period as the atten-
dant's certificate or the physician's or professional nurse's
license upon
payment of a fee as prescribed by rules and regulations
and upon pres-
entation of satisfactory proof that the training officer has
successfully
completed continuing education prescribed by the board and is
certified
as an emergency medical technician, emergency medical
technician-in-
termediate, emergency medical technician-defibrillator,
mobile-intensive
care technician, physician or professional nurse. The board may
prorate
to the nearest whole month the fee fixed under this subsection
as necessary
to implement the provisions of this subsection.
(c) A training officer's certificate may
be denied, revoked, limited,
modified or suspended by the board or the board may refuse
to renew
such certificate in accordance with the Kansas
administrative procedures
act upon any of the following conditions: (1)
Failure if such individual:
(1) Fails to maintain
certification or licensure as an emergency med-
ical technician, emergency medical technician-intermediate,
emergency
medical technician-defibrillator, mobile intensive care technician,
physi-
cian or professional nurse;
(2) withdrawal of
fails to maintain support of appointment by a pro-
vider of training; or
(3) failure fails
to successfully complete continuing
education.;
(d) A training officer's
certificate may be denied, revoked, limited,
modified or suspended by the board or the board may refuse
to renew
such certificate upon proof that such
individual:
(1) (4) has made
intentional misrepresentations in obtaining a certif-
icate or renewing a certificate;
(2) (5) has
demonstrated incompetence or engaged in unprofessional
conduct as defined by rules and regulations adopted by the
board;
(3) (6) has
violated or aided and abetted in the violation of any provision
of this act or the rules and regulations promulgated by the board;
or
(4) (7) has been
convicted of any state or federal crime that is related
substantially to the qualifications, functions and duties of a
training officer
or any crime punishable as a felony under any state or federal
statute and
the board determines that such individual has not been
sufficiently rehabil-
itated to warrant public trust. A conviction means a plea of
guilty, a plea of
nolo contendere or a verdict of guilty. The board may take
disciplinary action
pursuant to this section when the time for appeal has elapsed, or
after the
judgment of conviction is affirmed on appeal or when an order
granting
probation is made suspending the imposition of sentence.
(d) The board may revoke, limit,
modify or suspend a certificate or the
board may refuse to renew such certificate in accordance with
the provisions
of the Kansas administrative procedure act.
(e) If a person who previously was
certified as a training officer ap-
plies for a training officer's certificate within two years of the
date of its
expiration, the board may grant a certificate without the person
com-
pleting an initial course of training or taking an examination if
the person
complies with the other provisions of subsection (a) and completes
con-
tinuing education requirements.
Sec. 5. K.S.A.
65-6128 and K.S.A. 1999 Supp. 65-6129, 65-6129b and
65-6129c are hereby repealed.
Sec. 6. This act
shall take effect and be in force from and after its
publication in the statute book.