Kansas Statutes Annotated

K.S.A. § 65-2891 (2026)

Emergency care by healthcare providers; liability; standards of care applicable; definition of healthcare provider

✓ current as of May 2026

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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.

Notes of Decisions

Cited in 5 cases, 1987–1995 · leading case: State v. Mountjoy, 891 P.2d 376 (Kan. 1995).

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State v. Mountjoy, 891 P.2d 376 (Kan. 1995). · cites it 2× “, must the person charged have the specific intent to violate the Act? (3) Did the court properly instruct the jury with regard to the emergency defense where the defendant is clearly licensed as a health care provider as defined in K.S.A. 65-2891? and (4) Did the court properly…”

Beckerman v. Gordon, 614 N.E.2d 610 (Ind. Ct. App. 1993). · cites it 2× “111, ¶ 4400-30 ("emergency care without fee to a person"); Kan. Stat. Ann. § 65-2891 ("emergency care or assistance at the scene of an emergency or accident"); Mont.”

Dodd-Anderson Ex Rel. Dodd-Anderson v. Stevens, 905 F. Supp. 937 (D. Kan. 1995). · cites it 2× “Kan.Stat.Ann. § 65-2891(c). In this case, of course, Stevens was plaintiffs’ treating physician throughout.”

James v. Rowe, 674 F. Supp. 332 (D. Kan. 1987). · cites it 4× “Defendants now argue that the Kansas Good Samaritan Law, K.S.A. 65-2891 et seq. exempts them from all liability for ordinary negligence.”

Bridges v. Bentley, 769 P.2d 635 (Kan. 1989). “Indeed, the legislature has continued to recognize the gross negligence standard in K.S.A. 1988 Supp. 65-2891, the “Good Samaritan Statute,” covering emergency health care provided at the scene of the emergency by health care providers.”

— K.S.A. § 65-2891(c) — 1 case

Dodd-Anderson Ex Rel. Dodd-Anderson v. Stevens, 905 F. Supp. 937 (D. Kan. 1995). “Kan.Stat.Ann. § 65-2891(c). In this case, of course, Stevens was plaintiffs’ treating physician throughout.”

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