KANSAS OFFICE of
  REVISOR of STATUTES

  

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

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

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

(d) Except as otherwise provided, the ordinary standards of care and rules of negligence shall apply in those cases wherein emergency care and 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, "healthcare provider" means any person licensed to practice any branch of the healing arts, licensed dentist, licensed optometrist, licensed professional nurse, licensed practical nurse, licensed podiatrist, licensed pharmacist, licensed physical therapist, licensed physician assistant, any licensed athletic trainer, any licensed occupational therapist, any licensed respiratory therapist, any person who holds a valid emergency medical service provider's certificate under K.S.A. 65-6129, and amendments thereto, any person who holds a valid certificate for the successful completion of a course in first aid offered or approved by the American red cross, by the American heart association, by the mining enforcement and safety administration of the bureau of mines of the department of interior, by the national safety council* by the emergency medical services board or any person engaged in a postgraduate training program approved by the 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; L. 2019, ch. 64, § 14; L. 2023, ch. 58, § 2; July 1.

Revisor's Note:

Section was also amended by L. 2004, ch. 24, § 11, but that version was repealed by L. 2004, ch. 180, § 18.

* A comma after "council" should have been included.

Cross References to Related Sections:

Emergency care by non-health care providers, see 65-2891b.

Law Review and Bar Journal References:

"The 1965 Legislature and the Law," Glee S. Smith, 34 J.B.A.K. 185, 188 (1965).

1963-65 survey of law of torts, William A. Kelly, 14 K.L.R. 377, 386 (1965).

Survey of Kansas tort law (1965-1969), 18 K.L.R. 458, 462 (1970).

"1971 Legislative Synopsis," Robert F. Bennett, 40 J.B.A.K. 307, 358 (1971).

"Good Samaritan Act," 78 J.K.M.S. 31 (Aug. 1977).

"Medical Malpractice—The Kansas Law," Wayne T. Stratton, J.D., 81 J.K.M.S. 505, 508, (1980).

"The Kansas Perspective—Countering Frivolous Malpractice Suits," John C. Peck, J.D., and Carl C. Peck, M.D., 81 J.K.M.S. 512, 517 (1980).

"Physician-Patient Relationship—The Legal Ramifications," Clarence L. King, Jr., J.D., and Daniel C. Zook, J.D., 81 J.K.M.S. 521, 524 (1980).

"Survey of Kansas Law: Juvenile Law," Sheila Reynolds, 32 K.L.R. 371, 376 (1984).

"A Law Teacher Looks at the Good Samaritan Story," Paul B. Rasor, 31 W.L.J. 71, 75 (1991).

"Just What is "Actual Clinical Practice"?" Matthew L. Bretz, J.K.T.L.A. Vol. 25, No. 5, 14 (2002).

Attorney General's Opinions:

Liability for care rendered. 85-119.

Family planning services for minors; parental consent. 87-66.

Public health; cities and counties; emergency medical services; liability of training personnel for care rendered pursuant to instruction. 87-172.

Kansas healing arts act; consent of unemancipated immature minor. 91-43.

"Mature" minor has capacity to consent to outpatient mental health services. 2003-35.

CASE ANNOTATIONS

1. Good Samaritan law did not exempt ambulance service operators from all liability for ordinary negligence in emergencies. James v. Rowe, 674 F. Supp. 332, 334 (1987).

2. Cited in holding that advent of comparative negligence (K.S.A. 60-258a) has not abrogated rescue doctrine in Kansas. Bridges v. Bentley, 244 Kan. 434, 439, 796 P.2d 635 (1989).


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