SENATE BILL No. 132
An Act concerning automated external defibrillators;
amending K.S.A. 65-6149a and
repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 65-6149a is hereby amended to
read as follows: 65-
6149a. (a) An automated external defibrillator may be used by any
(b) As used in this section, ``qualified person''
means a person who:
(1) Has completed a course in cardiopulmonary resuscitation or a
first aid course of training that includes cardiopulmonary
training; (2) has completed a course of training in the use of
external defibrillators; and (3) has demonstrated proficiency in
the use of
an automated external defibrillator.
(b) (c) (1) Any qualified
person who gratuitously and in good faith
renders emergency care or treatment by the use of or provision of
automated external defibrillator shall not be held liable for any
ages as a result of such care or treatment or as a result of any
act or failure
to act in providing or arranging further medical treatment where
person acts as an ordinary reasonably prudent person would have
under the same or similar circumstances.
(2) No person or entity which owns, leases, possesses
controls an automated external defibrillator and provides such
external defibrillator to others for use shall be held liable
for any civil
damages as a result of such use where the person or entity which
leases, possesses or otherwise controls the automated external
has developed, implemented and follows guidelines to ensure
tenance and operation of the device and reasonably expects the
external defibrillator to be used by a qualified
(3) No person licensed to practice medicine and
surgery who pursu-
ant to a prescription order authorizes the acquisition of an
external defibrillator or participates in the development of
usual and cus-
tomary protocols for an automated external defibrillator by a
entity which owns, leases, possesses or otherwise controls such
external defibrillator and provides such automated external
for use by others shall be held liable for any civil damages as
a result of
(4) No person or entity which teaches or provides a
for cardiopulmonary resuscitation that includes training in the
automated external defibrillators shall be held liable for any
as a result of such training or use if such person or entity has
such training in a manner consistent with the usual and
dards for the providing of such training.
(d) Pursuant to the provisions of this subsection,
persons or entities
which purchase or otherwise acquire an automated external
shall notify the emergency medical service which operates in the
graphic area of the location of the automated external
sons or entities acquiring an automatic electronic defibrillator
the emergency medical service providing local service on forms
and provided by the emergency medical services
(e) The secretary of administration, in conjunction
with the Kansas
highway patrol, shall develop guidelines for the placement of
external defibrillators in state owned or occupied facilities.
shall include, but not be limited to:
(1) Which state owned or occupied facilities should
external defibrillators readily available for use;
(2) recommendations for appropriate training courses
monary resuscitation and automated external defibrillators
(3) integration with existing emergency response
(4) proper maintenance and testing of the
(5) coordination with appropriate professionals in
the oversight of
(6) coordination with local emergency medical
placement and conditions of use.
Nothing in this subsection shall be construed to require
the state to
purchase automated external defibrillators.
(c) As used in this section, ``qualified
person'' means a person who:
(1) Has 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
defibrillators and (3) has demonstrated proficiency in the
use of an au-
tomated external defibrillator.
Sec. 2. K.S.A. 65-6149a is hereby repealed.
Sec. 3. This act shall take effect and be in force
from and after its
publication in the statute book.
Approved April 10, 2003.