State Codes and Statutes

Statutes > Kansas > Chapter65 > Article28 > Statutes_26277

65-2891

Chapter 65.--PUBLIC HEALTH
Article 28.--HEALING ARTS

      65-2891.   Emergency care by health care providers;liability; standards of care applicable.(a) Any health care provider who in good faith renders emergency care orassistance at the scene of an emergency or accident including treatment of aminor without first obtaining the consent of the parent or guardian of suchminor shall not be liable for any civil damages for acts or omissions otherthan damages occasioned by gross negligence or by willful or wanton acts oromissions by such person in rendering such emergency care.

      (b)   Any health care provider may render in good faith emergency care orassistance, without compensation, to any minor requiring such care orassistance as a result of having engaged in competitive sports, without firstobtaining the consent of the parent or guardian of such minor. Such health careprovider shall not be liable for any civil damages other than damagesoccasioned by gross negligence or by willful or wanton acts or omissions bysuch person in rendering such emergency care.

      (c)   Any health care provider may in good faith render emergency care orassistance during an emergency which occurs within a hospital or elsewhere,with or without compensation, until such time as the physician employed by thepatient or by the patient's family or by guardian assumes responsibility forsuch patient's professional care. The health care provider rendering suchemergency care shall not be held liable for any civil damages other thandamages occasioned by negligence.

      (d)   Any provision herein contained notwithstanding, the ordinary standards ofcare and rules of negligence shall apply in those cases wherein emergency careand assistance is rendered in any physician's or dentist's office, clinic,emergency room or hospital with or without compensation.

      (e)   As used in this section the term "health care provider" means any personlicensed to practice any branch of the healing arts, licensed dentist, licensedoptometrist, licensed professional nurse, licensed practical nurse, licensedpodiatrist, licensed pharmacist, licensed physical therapist, and any physicianassistant who has successfully completed an American medical associationapproved training program and has successfully completed the national boardexamination for physician assistants of the American board of medicalexaminers, any licensed athletic trainer, any licensed occupational therapist,any licensed respiratory therapist, any person who holds a valid attendant'scertificate under K.S.A. 65-6129, and amendments thereto, any person who holdsa valid certificate for the successful completion of a course in first aidoffered or approved by the American red cross, by the American heartassociation, by the mining enforcement and safety administration of the bureauof mines of the department of interior, by the national safety council or byany instructor-coordinator, as defined in K.S.A. 65-6112, and amendmentsthereto, and any person engaged in a postgraduate training program approved bythe state board of healing arts.

      History:   L. 1965, ch. 385, § 1;L. 1969, ch. 300, § 1;L. 1971, ch. 214, § 1;L. 1973, ch. 252, § 1;L. 1975, ch. 326, § 1;L. 1976, ch. 277, § 1;L. 1977, ch. 220, § 1;L. 1986, ch. 231, § 32;L. 1988, ch. 252, § 1;L. 1988, ch. 246, § 18;L. 1988, ch. 253, § 1;L. 1993, ch. 146, § 1;L. 2000, ch. 93, § 1;L. 2002, ch. 203, § 17;L. 2003, ch. 128, § 24;L. 2004, ch. 117, § 5;L. 2004, ch. 180, § 9; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter65 > Article28 > Statutes_26277

65-2891

Chapter 65.--PUBLIC HEALTH
Article 28.--HEALING ARTS

      65-2891.   Emergency care by health care providers;liability; standards of care applicable.(a) Any health care provider who in good faith renders emergency care orassistance at the scene of an emergency or accident including treatment of aminor without first obtaining the consent of the parent or guardian of suchminor shall not be liable for any civil damages for acts or omissions otherthan damages occasioned by gross negligence or by willful or wanton acts oromissions by such person in rendering such emergency care.

      (b)   Any health care provider may render in good faith emergency care orassistance, without compensation, to any minor requiring such care orassistance as a result of having engaged in competitive sports, without firstobtaining the consent of the parent or guardian of such minor. Such health careprovider shall not be liable for any civil damages other than damagesoccasioned by gross negligence or by willful or wanton acts or omissions bysuch person in rendering such emergency care.

      (c)   Any health care provider may in good faith render emergency care orassistance during an emergency which occurs within a hospital or elsewhere,with or without compensation, until such time as the physician employed by thepatient or by the patient's family or by guardian assumes responsibility forsuch patient's professional care. The health care provider rendering suchemergency care shall not be held liable for any civil damages other thandamages occasioned by negligence.

      (d)   Any provision herein contained notwithstanding, the ordinary standards ofcare and rules of negligence shall apply in those cases wherein emergency careand assistance is rendered in any physician's or dentist's office, clinic,emergency room or hospital with or without compensation.

      (e)   As used in this section the term "health care provider" means any personlicensed to practice any branch of the healing arts, licensed dentist, licensedoptometrist, licensed professional nurse, licensed practical nurse, licensedpodiatrist, licensed pharmacist, licensed physical therapist, and any physicianassistant who has successfully completed an American medical associationapproved training program and has successfully completed the national boardexamination for physician assistants of the American board of medicalexaminers, any licensed athletic trainer, any licensed occupational therapist,any licensed respiratory therapist, any person who holds a valid attendant'scertificate under K.S.A. 65-6129, and amendments thereto, any person who holdsa valid certificate for the successful completion of a course in first aidoffered or approved by the American red cross, by the American heartassociation, by the mining enforcement and safety administration of the bureauof mines of the department of interior, by the national safety council or byany instructor-coordinator, as defined in K.S.A. 65-6112, and amendmentsthereto, and any person engaged in a postgraduate training program approved bythe state board of healing arts.

      History:   L. 1965, ch. 385, § 1;L. 1969, ch. 300, § 1;L. 1971, ch. 214, § 1;L. 1973, ch. 252, § 1;L. 1975, ch. 326, § 1;L. 1976, ch. 277, § 1;L. 1977, ch. 220, § 1;L. 1986, ch. 231, § 32;L. 1988, ch. 252, § 1;L. 1988, ch. 246, § 18;L. 1988, ch. 253, § 1;L. 1993, ch. 146, § 1;L. 2000, ch. 93, § 1;L. 2002, ch. 203, § 17;L. 2003, ch. 128, § 24;L. 2004, ch. 117, § 5;L. 2004, ch. 180, § 9; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter65 > Article28 > Statutes_26277

65-2891

Chapter 65.--PUBLIC HEALTH
Article 28.--HEALING ARTS

      65-2891.   Emergency care by health care providers;liability; standards of care applicable.(a) Any health care provider who in good faith renders emergency care orassistance at the scene of an emergency or accident including treatment of aminor without first obtaining the consent of the parent or guardian of suchminor shall not be liable for any civil damages for acts or omissions otherthan damages occasioned by gross negligence or by willful or wanton acts oromissions by such person in rendering such emergency care.

      (b)   Any health care provider may render in good faith emergency care orassistance, without compensation, to any minor requiring such care orassistance as a result of having engaged in competitive sports, without firstobtaining the consent of the parent or guardian of such minor. Such health careprovider shall not be liable for any civil damages other than damagesoccasioned by gross negligence or by willful or wanton acts or omissions bysuch person in rendering such emergency care.

      (c)   Any health care provider may in good faith render emergency care orassistance during an emergency which occurs within a hospital or elsewhere,with or without compensation, until such time as the physician employed by thepatient or by the patient's family or by guardian assumes responsibility forsuch patient's professional care. The health care provider rendering suchemergency care shall not be held liable for any civil damages other thandamages occasioned by negligence.

      (d)   Any provision herein contained notwithstanding, the ordinary standards ofcare and rules of negligence shall apply in those cases wherein emergency careand assistance is rendered in any physician's or dentist's office, clinic,emergency room or hospital with or without compensation.

      (e)   As used in this section the term "health care provider" means any personlicensed to practice any branch of the healing arts, licensed dentist, licensedoptometrist, licensed professional nurse, licensed practical nurse, licensedpodiatrist, licensed pharmacist, licensed physical therapist, and any physicianassistant who has successfully completed an American medical associationapproved training program and has successfully completed the national boardexamination for physician assistants of the American board of medicalexaminers, any licensed athletic trainer, any licensed occupational therapist,any licensed respiratory therapist, any person who holds a valid attendant'scertificate under K.S.A. 65-6129, and amendments thereto, any person who holdsa valid certificate for the successful completion of a course in first aidoffered or approved by the American red cross, by the American heartassociation, by the mining enforcement and safety administration of the bureauof mines of the department of interior, by the national safety council or byany instructor-coordinator, as defined in K.S.A. 65-6112, and amendmentsthereto, and any person engaged in a postgraduate training program approved bythe state board of healing arts.

      History:   L. 1965, ch. 385, § 1;L. 1969, ch. 300, § 1;L. 1971, ch. 214, § 1;L. 1973, ch. 252, § 1;L. 1975, ch. 326, § 1;L. 1976, ch. 277, § 1;L. 1977, ch. 220, § 1;L. 1986, ch. 231, § 32;L. 1988, ch. 252, § 1;L. 1988, ch. 246, § 18;L. 1988, ch. 253, § 1;L. 1993, ch. 146, § 1;L. 2000, ch. 93, § 1;L. 2002, ch. 203, § 17;L. 2003, ch. 128, § 24;L. 2004, ch. 117, § 5;L. 2004, ch. 180, § 9; July 1.