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Most States, including Kansas, have some form of Good
Samaritan Laws. In Kansas, you must identify yourself, advise the person of your training, GET PERMISSION (unconcious victims
give implied consent) to assist the victim, and stay within the scope of your trainig to be covered. You must also be certified
through the American Heart Association or American Red Cross to be protected from liability if you need to perform CPR on a
victim. Following is an example of the Kansas version of the Good Samaritan Law. Kansas Good Samaritan Act
Note:
KS has a general immunity law, as well as one specifically pertaining to manual cardiac defibrillation. Both are quoted below.
K.S.A. §65-2891
Emergency care or assistance at scene of an emergency or accident by certain persons; liability;
standards of care applicable; health care provider defined.
(a) Any health care 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 health care 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 health care 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.
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(c) Any health care provider may in good faith render
emergency care or assistance during an emergency which 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 health care provider rendering such emergency care shall not be held liable for
any civil damages other than damages occasioned by negligence.
(d) Any provision herein contained notwithstanding,
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 the term "health care 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 and registered physical therapist, and any physician's assistant who has successfully completed an American medical
association approved training program and has successfully completed the national board examination for physicians' assistants
of the American board of medical examiners, any person who holds a valid attendant'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 or by any instructor-coordinator, as
defined in K.S.A. 65-6112, and amendments thereto, and any person engaged in a postgraduate training program approved by the
state board of healing arts.
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