65-6149a. Automated external defibrillator; use and possession, immunity from liability; notice of acquisition of unit; placement of units in state facilities. - Kansas Statutes

65-6149a

Chapter 65.--PUBLIC HEALTH Article 61.--EMERGENCY MEDICAL SERVICES

      65-6149a.   Automated external defibrillator; useand possession, immunity from liability; notice ofacquisition of unit; placement of units in state facilities.(a) (1) Any personwho in good faith renders emergency care or treatmentby the use of or provision of an automated external defibrillatorshall not be held liablefor any civil damages as a result of such care or treatment or as a result ofany act or failure to act in providing or arranging further medical treatmentwhere the person acts as an ordinary reasonably prudent person would have actedunder the same or similar circumstances.

      (2)   No person or entity which owns, leases, possesses or otherwisecontrols an automated external defibrillator and provides such automatedexternal defibrillator to others for use shall be held liable for any civildamages as a result of such use where the person or entity which owns, leases,possesses or otherwise controls the automated external defibrillatorhas developed, implemented and follows guidelines to ensure proper maintenanceand operation of the device.

      (3)   No person licensed to practice medicine and surgery whopursuant to a prescription order authorizes the acquisition of anautomated external defibrillator or participates in the development of usualand customary protocols for an automated external defibrillator by aperson or entity which owns, leases, possesses or otherwise controls suchautomated external defibrillator and provides such automated externaldefibrillator for use by others shall be held liable for any civil damagesas a result of such use.

      (4)   No person or entity which teaches or provides a training program forcardiopulmonary resuscitation that includes training in the use of automatedexternal defibrillators shall be held liable for any civil damages as a resultof such training or use if such person or entity has provided such training ina manner consistent with the usual and customary standards for the providing ofsuch training.

      (b)   Pursuant to the provisions of this subsection, personsor entities whichpurchase or otherwise acquire an automated external defibrillator shall notifythe emergency medical service which operates in the geographic area of thelocation of the automated external defibrillator.Persons or entities acquiring an automatic electronic defibrillator shallnotify the emergency medical service providing local service on forms developedand provided by the emergency medical services board.

      (c)   The secretary of administration, in conjunction withthe Kansas highwaypatrol,shall develop guidelines for theplacement of automated external defibrillators in state owned or occupiedfacilities. The guidelines shall include, but not be limited to:

      (1)   Which state owned or occupied facilities should have automated externaldefibrillators readily available for use;

      (2)   recommendations for appropriate training courses in cardiopulmonaryresuscitation and automated external defibrillators use;

      (3)   integration with existing emergency response plans;

      (4)   proper maintenance and testing of the devices;

      (5)   coordination with appropriate professionals in the oversight of training;and

      (6)   coordination with local emergency medical services regardingplacement and conditions of use.

      Nothing in this subsection shall be construedto require the state to purchase automated external defibrillators.

      History:   L. 1998, ch. 133, § 18;L. 2003, ch. 43, § 1;L. 2009, ch. 96, § 1; July 1.