SESSION OF 1998



SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2723



As Amended by Senate Committee of the Whole





Brief(1)



H.B. 2723 creates a new law relating to the use of automated external defibrillators. Pursuant to the bill, any qualified person may use an automated defibrillator. A qualified person for the purposes of the new law is one who has (1) completed a course in cardiopulmonary resuscitation or a basic first aid course that includes cardiopulmonary resuscitation training and (2) has completed a course of training in the use of automated external defibrillators, which course has been approved by the Board of Healing Arts, and has demonstrated proficiency in the use of an automated defibrillator.



Under the provisions of H.B. 2723, any person who gratuitously and in good faith renders emergency care either by use of or the provision of an automated external defibrillator is not to be held liable for any civil damages arising from the care rendered or any failure to provide or arrange for further medical treatment when the action is that which a reasonably prudent person would have taken in the same or similar circumstances.



H.B. 2723 also amends three statutes that are a part of the Kansas Healing Arts Act. The amendments increase the size of the Board of Healing Arts from 15 to 19 members by the addition of two persons who have a degree of doctor of medicine, and two additional members of the public. The Board would consist of seven persons holding the degree of doctor of medicine, three members holding the degree of doctor of osteopathy, three members who hold a degree of doctor of chiropractic, one member who is a licensed podiatrist, and five members who represent the general public. Two of the members who represent the general public shall reside in one congressional district and all other public members shall reside in different congressional districts. A quorum is to be ten rather than eight members.





Background



H.B. 2723 was introduced at the request of a representative of the American Heart Association.



The Senate Committee amendments were suggested by the Emergency Medical Services Board working with a representative of the American Heart Association.



The three sections amending the Kansas Healing Arts Act to increase the size of the Board of Healing Arts were added to the bill in the Senate Committee of the Whole.



There is no fiscal impact associated with this bill.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext-bill.html.