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Liability

Title

Profession

Summary

Liability: Government or Government Employee or Volunteer

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

When an emergency declaration is in effect, the state, a political subdivision, or an employee or volunteer of the state or a political subdivision, who, in good faith, performs emergency management activities, will not be held legally responsible for any damage or injury that occurs. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.,

KSA 48-915(b)

Liability: Use of an AED

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An individual, who, in good faith and voluntarily, provides emergency care by the use of an AED, will not be held legally responsible for acting or failing to act.,

KSA 65-6149a(a)(1)

Liability: Law Enforcement Officer

Law Enforcement,

When an emergency declaration is in effect, a law enforcement officer, who is engaged in maintaining or restoring the public peace or safety, will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with malice or with excessive force. They will have the authority to enforce the ordinances of the municipality affected by the disaster.,

KSA 48-934

Liability: Communication to Emergency Medical Provider

Other Medical Professional, Nurse, Physician, Emergency Medical Services Professional,

A physician, advanced registered nurse practitioner, or physician assistant, who gives instructions to an emergency medical provider during an emergency or the emergency medical provider who provides emergency care based on the instructions, will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with extreme carelessness.,

KSA 65-6124

Liability: Providing Shelter

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An individual owning or controlling real estate, who, voluntarily and without compensation, allows it to be used to shelter people during an actual or impending disaster or nuclear attack, will not be held legally responsible for death, injury, or damage to a person's property while on their real estate.,

KSA 48-936

Liability: Hazardous Material Response Team

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

A member of a hazardous material response team will be considered a state employee and will not be held legally responsible for acting or failing to act.,

KAR 22-24-16

Liability: Architect and Professional Engineer

Other Volunteer,

An architect or professional engineer, who, in good faith and without compensation, provides their services at the scene of a declared emergency at the request of a public official, will not be held legally responsible for acting or failing to act. This section only applies during or within 90 days after the end of a disaster.,

KSA 60-4201

Liability: Government or Government Agent

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

The state, a political subdivision, or an agent of the state or a political subdivision will not be held legally responsible for acts by a person acting as a volunteer for the state or a political subdivision.,

KSA 48-915(a)

Good Samaritan Law

Other Volunteer, Governmental Public Health Official, Firefighter, Law Enforcement,

An individual, who is not a health care provider and who, in good faith and without compensation, provides emergency care to a person at the scene of an emergency, will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm. Generally, Good Samaritan laws only offer protection for those individuals who provide care during spontaneous emergencies unrelated to volunteer deployment.,

KSA 65-2891b

Liability: Governmental Employee

Governmental Public Health Official,

A governmental employee, who provide their services related to emergency management activities, will not be held legally responsible for damages.,

KSA 75-6104(j)

Good Samaritan Law: Health Care Provider

Other Medical Professional, Nurse, Physician, Emergency Medical Services Professional, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

A health care provider, who, in good faith, provides emergency care at the scene of an emergency or accident, will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.,

KSA 65-2891(a)

Liability: Nonprofit Volunteer

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An individual, who volunteers with a nonprofit organization that carries general liability insurance, will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.,

KSA 60-3601

Good Samaritan Law: Veterinarian

Veterinarian,

A veterinarian, who, in good faith and voluntarily, provides emergency care to a human or an animal at the scene of an emergency will not be held legally responsible for acting or failing to act. Generally, Good Samaritan laws only offer protection for those individuals who provide care during spontaneous emergencies unrelated to volunteer deployment.,

KSA 47-841

Liability: Regional Medical Emergency Response Team

Other Medical Professional, Nurse, Physician, Emergency Medical Services Professional, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

A member of a regional medical emergency response team will be considered a state employee and will not be held legally responsible for acting or failing to act.,

KSA 48-915(c)

Liability: Intrastate Mutual Aid

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An individual, who, in good faith, provides aid under the intrastate mutual aid system, will be considered an agent of the requesting political subdivision and will not be held legally responsible for acting or failing to act. This section is limited to the intrastate mutual aid system.,

KSA 48-957

License Reciprocity

Title

Profession

Summary

License Reciprocity: Intrastate Mutual Aid

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An individual, who holds a license, certificate, or permit for professional, mechanical, or other skills issued by Iowa or by a responding entity, is considered to be licensed, certified, or permitted in the requesting jurisdiction for the duration of the emergency. This section is limited to the intrastate mutual aid system.,

KSA 48-954

License Reciprocity: Retired Dentist

Dentist,

A retired dentist can apply for a special volunteer dental license. A dentist holding a special volunteer license cannot accept compensation for their practice of dentistry. A special volunteer license is not required for a currently licensed dentist to volunteer their time.,

KSA 65-1472

Scope of Practice

Title

Profession

Summary

Liability: Law Enforcement Officer

Law Enforcement,

When an emergency declaration is in effect, a law enforcement officer, who is engaged in maintaining or restoring the public peace or safety, will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with malice or with excessive force. They will have the authority to enforce the ordinances of the municipality affected by the disaster.,

KSA 48-934

Workers' Benefits

Title

Profession

Summary

Workers' Benefits: State Employee Volunteer Leave

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An employee of Kansas, who is a certified disaster service volunteer of the American Red Cross, is entitled to leave with regular pay and without loss to seniority, pay, vacation leave, compensatory time, personal days, sick leave, or earned overtime accumulation to participate in disaster relief operations in Kansas or a contiguous state. During leave, the employee will not be considered a state employee for the purposes of tort claims. This is limited to 20 work days in a 12 month period either consecutively or nonconsecutively .,

K.S.A. 75-5548

Workers' Compensation: Emergency Management Volunteer

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker,

A city with a disaster agency can purchase accident insurance to protect emergency management volunteers when they are injured or killed while performing their duties.,

KSa 48-922

Workers' Compensation: Intrastate Mutual Aid

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

An employee or volunteer, who provides intrastate assistance to another jurisdiction and is injured or killed, is entitled to workers' compensation as they would receive in their home jurisdiction. This section is limited to the intrastate mutual aid system.,

KSA 48-956

Workers' Compensation: Volunteer Law Enforcement, Firefighter, or Emergency Medical Personnel

Emergency Medical Services Professional, Firefighter, Law Enforcement,

Volunteer law enforcement officers, firefighters, or emergency medical personnel, who are injured while performing their duties, are entitled to workers' compensation.,

KSA 44-508

Workers' Compensation: Hazardous Material Response Team

Other Medical Professional, Other Volunteer, Nurse, Physician, Emergency Medical Services Professional, Governmental Public Health Official, Firefighter, Law Enforcement, Veterinarian, Dentist, Pharmacist, Social Worker, Mental or Behavioral Health Professional,

A member of a hazardous material response team will be considered a public employee and is entitled to workers' compensation if they are injured or killed while performing their duties.,

KAR 22-24-17