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{As Amended by Senate Committee of the Whole}
As Amended by Senate Committee
Session of 2026
SENATE BILL No. 379
By Committee on Utilities
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AN ACT concerning emergency communication services; relating to the
Kansas 911 act; authorizing the state 911 board to establish a statewide
emergency medical dispatch and telecommunicator cardiopulmonary
resuscitation program; authorizing the board to employ, contract for or
enter into an agreement to procure the services of a medical director
under such program; authorizing the board to establish, contract for or
enter into an agreement to procure a centralized quality assurance
system; providing the option for PSAPs to retain or procure the PSAP's
own emergency medical dispatch and telecommunicator
cardiopulmonary resuscitation, medical direction and quality assurance
services;{ requiring the establishment of minimum training standards
for telecommunicator-cardiopulmonary resuscitation and requiring
PSAPs to comply with such training standards on and after January
1, 2028;} establishing the emergency medical dispatch and
telecommunicator cardiopulmonary resuscitation fund in the state
treasury; limiting civil liability for the provision of emergency medical
dispatch and telecommunicator cardiopulmonary resuscitation, medical
direction and quality assurance services; amending K.S.A. 2025 Supp.
12-5362 and 75-6104 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) The state 911 board shall provide for and
coordinate a statewide emergency medical dispatch and telecommunicator
cardiopulmonary resuscitation program. The general scope and purpose of
such program shall be to adopt statewide protocols for PSAPs and
emergency medical dispatchers for the provision of emergency medical
dispatch and telecommunicator cardiopulmonary resuscitation, medical
direction and quality assurance services.
(b) (1) The state 911 board may employ, contract for or enter into an
agreement, including an interagency agreement, to procure the services of
a medical director to provide medical direction regarding the management
and accountability of the medical care aspects of emergency medical
dispatch and telecommunicator cardiopulmonary resuscitation protocols
and services rendered pursuant to such protocols. Such medical direction
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may include, but shall not be limited to:
(A) Evaluation, recommendation, development and maintenance of
emergency medical dispatch and telecommunicator cardiopulmonary
resuscitation protocols;
(B) establishment and oversight of minimum training standards
aligned with such recommended protocols; and
(C) establishment of minimum guidelines for and review of quality
assurance methods and services used in the evaluation and quality
performance review of services rendered pursuant to such protocols.
(2) Nothing in this subsection shall require a PSAP to utilize the
medical direction services of such medical director. A PSAP may employ,
contract for or enter into an agreement to procure the PSAP's own medical
direction option.
{(3) The minimum training standards established pursuant to this
subsection shall include minimum 911 telecommunicator-
cardiopulmonary resuscitation training and continuing education
instruction that uses current, nationally recognized emergency
cardiovascular care guidelines in high-quality telecommunicator-
cardiopulmonary resuscitation. Such training and instruction shall
incorporate recognition protocols for out-of-hospital cardiac arrest and
compression-only cardiopulmonary resuscitation instructions for callers.
(4) Commencing on January 1, 2028, every PSAP shall establish
policies and procedures to require each 911 telecommunicator that
provides dispatch for emergency medical conditions as part of such
telecommunicator's regular duties to comply with the minimum training
standards established pursuant to this subsection for telecommunicator-
cardiopulmonary resuscitation.}
(c) (1) The state 911 board may establish, contract for or enter into an
agreement, including an interagency agreement, to procure a centralized
quality assurance system for the evaluation and quality performance
review of the services rendered pursuant to the statewide emergency
medical dispatch and telecommunicator cardiopulmonary resuscitation
protocols.
(2) Nothing in this subsection shall require a PSAP to utilize the
services of such centralized quality assurance system. A PSAP may
establish, contract for or enter into an agreement to procure the PSAP's
own quality assurance system.
(d) The state 911 board shall be subject to the provisions of K.S.A.
75-3738 et seq., and amendments thereto, when contracting or entering
into an agreement with any person, entity or agency for emergency
medical dispatch and telecommunicator cardiopulmonary resuscitation,
medical direction and quality assurance services pursuant to this section.
The director of purchases may authorize the state 911 board to procure
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such services pursuant to K.S.A. 75-3739(h), and amendments thereto,
from other state agencies or political subdivisions of this state without
competitive bids.
(e) Nothing in this section shall prohibit a PSAP or governing body of
a PSAP from contracting or entering into an agreement with another PSAP
or governing body of a PSAP for the provision of emergency medical
dispatch or telecommunicator cardiopulmonary resuscitation, medical
direction or quality assurance services.
(f) (1) There is hereby established in the state treasury the emergency
medical dispatch and telecommunicator cardiopulmonary resuscitation
fund. The emergency medical dispatch and telecommunicator
cardiopulmonary resuscitation fund shall be administered by the state 911
board. All expenditures from the emergency medical dispatch and
telecommunicator cardiopulmonary resuscitation fund shall be made in
accordance with appropriation acts upon warrants of the director of
accounts and reports issued pursuant to vouchers approved by the
chairperson of the state 911 board or the chairperson's designee. Such fund
shall be used to provide statewide emergency medical dispatch and
telecommunicator cardiopulmonary resuscitation, medical direction and
quality assurance services.
(2) On July 1, 2027, the director of accounts and reports shall transfer
$300,000 from the state 911 operations fund to the emergency medical
dispatch and telecommunicator cardiopulmonary resuscitation fund.
(3) On or before the 10 th day of each month, the director of accounts
and reports shall transfer from the state general fund to the emergency
medical dispatch and telecommunicator cardiopulmonary resuscitation
fund interest earnings based on:
(A) The average daily balance of moneys in the emergency medical
dispatch fund for the preceding month; and
(B) the net earnings rate of the pooled money investment portfolio for
the preceding monthThe state 911 board shall determine { make
determinations of} the amount of moneys considered necessary to carry
out the program and provide for the services described in this section
and may authorize the chairperson{ executive director} to certify to the
director of accounts and reports amounts to be transferred from the state
911 operations fund to the emergency medical dispatch and
telecommunicator cardiopulmonary resuscitation fund as determined
appropriate. The chairperson of the state 911 board or the chairperson's
designee{ executive director} shall transmit a copy of any such
certification to the director of the budget and the director of legislative
research. Upon receipt of any such certification, the director of accounts
and reports shall transfer such amount from the state 911 operations
fund to the emergency medical dispatch and telecommunicator
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cardiopulmonary resuscitation fund. The chairperson of the state 911
board or the chairperson's designee may certify amounts to be
transferred pursuant to this paragraph on an ongoing basis to cover
expenditures. In no event shall the total amount of moneys transferred
pursuant to this paragraph exceed $300,000.
(g) The state 911 board shall prepare and submit a report on the
emergency medical dispatch and telecommunicator cardiopulmonary
resuscitation program to assess system performance, guide quality
improvement efforts, inform policy and funding decisions and improve
health outcomes. Such report shall include the number and geographical
territory of PSAPs using emergency medical dispatch protocols, the
number and geographical territory of PSAPs using telecommunicator
cardiopulmonary resuscitation protocols and information on any barriers to
increasing availability and uptake. Such report shall be submitted to the
senate committee on utilities and the house of representatives committee
on energy, utilities and telecommunications, or any successor committees,
on or before January 31 each year.
New Sec. 2. (a) Any person or entity that is contracted by or enters
into an agreement to provide medical direction or quality assurance
services for the state 911 board pursuant to section 1, and amendments
thereto, shall not be held liable for any civil damages for any claim arising
from the provision, or lack thereof, of any emergency medical dispatch or
telecommunicator cardiopulmonary resuscitation, medical direction or
quality assurance services or for any emergency dispatcher's rendering of
or failure to render emergency medical instructions unless such person or
entity is guilty of gross and wanton negligence proximately causing such
injury.
(b) Any person or entity that is contracted by or enters into an
agreement to provide medical direction or quality assurance services for
any PSAP shall not be held liable for any civil damages for any claim
arising from the provision, or lack thereof, of any emergency medical
dispatch or telecommunicator cardiopulmonary resuscitation, medical
direction or quality assurance services or for any emergency dispatcher's
rendering of or failure to render emergency medical instructions unless
such person or entity is guilty of gross and wanton negligence proximately
causing such injury.
Sec. 3. K.S.A. 2025 Supp. 12-5362 is hereby amended to read as
follows: 12-5362. K.S.A. 12-5362 through 12-5381, and amendments
thereto, and K.S.A. 2025 Supp. 12-5382 through 12-5390 , sections 1 and
2, and amendments thereto, shall be known and may be cited as the Kansas
911 act.
Sec. 4. K.S.A. 2025 Supp. 75-6104 is hereby amended to read as
follows: 75-6104. (a) A governmental entity or an employee acting within
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the scope of the employee's employment shall not be liable for damages
resulting from:
(1) Legislative functions, including, but not limited to, the adoption
or failure to adopt any statute, regulation, ordinance or resolution;
(2) judicial function;
(3) enforcement of or failure to enforce a law, whether valid or
invalid, including, but not limited to, any statute, rule and regulation,
ordinance or resolution;
(4) adoption or enforcement of, or failure to adopt or enforce, any
written personnel policy which protects persons' health or safety unless a
duty of care, independent of such policy, is owed to the specific individual
injured, except that the finder of fact may consider the failure to comply
with any written personnel policy in determining the question of
negligence;
(5) any claim based upon the exercise or performance or the failure to
exercise or perform a discretionary function or duty on the part of a
governmental entity or employee, whether or not the discretion is abused
and regardless of the level of discretion involved;
(6) the assessment or collection of taxes or special assessments;
(7) any claim by an employee of a governmental entity arising from
the tortious conduct of another employee of the same governmental entity,
if such claim is:
(A) Compensable pursuant to the Kansas workers compensation act;
or
(B) not compensable pursuant to the Kansas workers compensation
act because the injured employee was a firemen's relief association
member who was exempt from such act pursuant to K.S.A. 44-505d, and
amendments thereto, at the time the claim arose;
(8) the malfunction, destruction or unauthorized removal of any
traffic or road sign, signal or warning device unless it is not corrected by
the governmental entity responsible within a reasonable time after actual
or constructive notice of such malfunction, destruction or removal.
Nothing herein shall give rise to liability arising from the act or omission
of any governmental entity in placing or removing any of the above signs,
signals or warning devices when such placement or removal is the result of
a discretionary act of the governmental entity;
(9) any claim which is limited or barred by any other law or which is
for injuries or property damage against an officer, employee or agent
where the individual is immune from suit or damages;
(10) any claim based upon emergency management activities, except
that governmental entities shall be liable for claims to the extent provided
in article 9 of chapter 48 of the Kansas Statutes Annotated, and
amendments thereto;
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(11) the failure to make an inspection, or making an inadequate or
negligent inspection, of any property other than the property of the
governmental entity, to determine whether the property complies with or
violates any law or rule and regulation or contains a hazard to public
health or safety;
(12) snow or ice conditions or other temporary or natural conditions
on any public way or other public place due to weather conditions, unless
the condition is affirmatively caused by the negligent act of the
governmental entity;
(13) the plan or design for the construction of or an improvement to
public property, either in its original construction or any improvement
thereto, if the plan or design is approved in advance of the construction or
improvement by the governing body of the governmental entity or some
other body or employee exercising discretionary authority to give such
approval and if the plan or design was prepared in conformity with the
generally recognized and prevailing standards in existence at the time such
plan or design was prepared;
(14) failure to provide, or the method of providing, police or fire
protection;
(15) any claim for injuries resulting from the use of any public
property intended or permitted to be used as a park, playground or open
area for recreational purposes, unless:
(A) The governmental entity or an employee thereof is guilty of gross
and wanton negligence proximately causing such injury; or
(B) an employee of the governmental entity commits childhood
sexual abuse as defined in K.S.A. 60-523, and amendments thereto;
(16) the natural condition of any unimproved public property of the
governmental entity;
(17) any claim for injuries resulting from the use or maintenance of a
public cemetery owned and operated by a municipality or an abandoned
cemetery, title to which has vested in a governmental entity pursuant to
K.S.A. 17-1366 through 17-1368, and amendments thereto, unless the
governmental entity or an employee thereof is guilty of gross and wanton
negligence proximately causing the injury;
(18) the existence, in any condition, of a minimum maintenance road,
after being properly so declared and signed as provided in K.S.A. 68-
5,102, and amendments thereto;
(19) any claim for damages arising from the operation of vending
machines authorized pursuant to K.S.A. 68-432 or 75-3343a, and
amendments thereto;
(20) providing, distributing or selling information from geographic
information systems which includes an entire formula, pattern,
compilation, program, device, method, technique, process, digital database
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or system which electronically records, stores, reproduces and manipulates
by computer geographic and factual information which has been
developed internally or provided from other sources and compiled for use
by a public agency, either alone or in cooperation with other public or
private entities;
(21) any claim arising from providing a juvenile justice program to
juvenile offenders, if such juvenile justice program has contracted with the
commissioner of juvenile justice or with another nonprofit program that
has contracted with the commissioner of juvenile justice. The provisions of
this section do not apply to community service work within the scope of
K.S.A. 60-3614, and amendments thereto, or to claims arising from
childhood sexual abuse as defined in K.S.A. 60-523, and amendments
thereto;
(22) performance of, or failure to perform, any activity pursuant to
K.S.A. 74-8922, and amendments thereto, including, but not limited to,
issuance and enforcement of a consent decree agreement, oversight of
contaminant remediation and taking title to any or all of the federal
enclave described in such statute;
(23) any claim arising from the making of a donation of used or
excess fire control, fire rescue, or emergency medical services equipment
to a fire department, fire district, volunteer fire department, medical
emergency response team or the Kansas forest service if at the time of
making the donation the donor believes that the equipment is serviceable
or may be made serviceable. This subsection also applies to equipment that
is acquired through the federal excess personal property program
established by the federal property and administrative services act of 1949,
40 U.S.C. § 483. This subsection shall apply to any breathing apparatus or
any mechanical or electrical device which functions to monitor, evaluate,
or restore basic life functions, only if it is recertified to the manufacturer's
specifications by a technician certified by the manufacturer; or
(24) any claim arising from the acceptance of a donation of fire
control, fire rescue or emergency medical services equipment, if at the
time of the donation the donee reasonably believes that the equipment is
serviceable or may be made serviceable and if after placing the donated
equipment into service, the donee maintains the donated equipment in a
safe and serviceable manner; or
(25) any claim arising from the provision, or lack thereof, of any
emergency medical dispatch or telecommunicator cardiopulmonary
resuscitation, medical direction or quality assurance services or for an
emergency dispatcher's rendering of or failure to render emergency
medical instructions unless the governmental entity or employee thereof is
guilty of gross and wanton negligence proximately causing such injury.
(b) The enumeration of exceptions to liability in this section shall not
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be construed to be exclusive nor as legislative intent to waive immunity
from liability in the performance or failure to perform any other act or
function of a discretionary nature.
(c) The exceptions to liability in subsections (a)(1) through (a)(4)
shall not be construed to preclude, prohibit or otherwise limit a claim for
damages arising from childhood sexual abuse as defined in K.S.A. 60-523,
and amendments thereto. Failure of a governmental entity to adopt or
enforce a policy, regulation or law related to childhood sexual abuse and
failure to exercise reasonable discretion in the supervision of a
governmental employee who commits childhood sexual abuse may be
considered by the trier of fact in determining the question of a
governmental entity's negligence.
Sec. 5. K.S.A. 2025 Supp. 12-5362 and 75-6104 are hereby repealed.
Sec. 6. This act shall take effect and be in force from and after its
publication in the statute book.
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