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Legislation #: 050692 Introduction Date: 6/9/2005
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 34, Code of Ordinances, Health and Sanitation, by repealing Section 34-554, Exceptions, and enacting in lieu thereof a new section of like number and subject matter that adds “Private Homes” as an exception to this section.

Legislation History
DateMinutesDescription
6/6/2005 Filed by the Clerk's office
6/9/2005 Referred to Neighborhood Development and Housing Committee
6/15/2005 Do Pass
6/16/2005 Assigned to Third Read Calendar
6/23/2005 Passed

View Attachments
FileTypeSizeDescription
050692.pdf Authenticated 64K Authenticated
Public Access Defibrillation Fact Sheet.xls Fact Sheet 34K Public Access Defibrillation06
Public Access Defibrillation Fiscal Note.xls Fiscal Note 26K Public Access Defibrillation06

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ORDINANCE NO. 050692

 

Amending Chapter 34, Code of Ordinances, Health and Sanitation, by repealing Section 34-554, Exceptions, and enacting in lieu thereof a new section of like number and subject matter that adds Private Homes as an exception to this section.

 

WHEREAS, the Food and Drug Administration (FDA) recently approved a manufacturer to sell automatic external defibrillators (AEDs) to individuals for in-home use without a prescription; and

 

WHEREAS, Article XIV, Public Access Defibrillation Program of Chapter 34 was never intended to regulate the private, in-home use of AEDs; and

 

WHEREAS, Section 34-554 lists exceptions to Article XIV of Chapter 34, and adding private homes to this list will eliminate any confusion that may arise out of the new FDA approval; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 34, Code of Ordinances, Health and Sanitation, is hereby amended by repealing Section 34-554, Exceptions, and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

 

Sec. 34-554. Exceptions.

 

The following entities or persons are exempt from the provisions of this code:

 

(1) Hospitals. Hospitals licensed by the State of Missouri.

 

(2) Physicians. Persons licensed by the State of Missouri pursuant to RSMo Ch. 334.

 

(3) Nurses. Persons licensed by the State of Missouri as a nurse pursuant to RSMo. Ch. 335.

 

(4) City EMS system. Persons licensed by the City of Kansas City, Missouri and who work for the ambulance system contractor or the Citys Fire Department, if those persons have been approved for use of an AED by the Citys medical director for pre-hospital emergency medical services.

 

(5) Mutual aid providers. Persons working for state licensed ambulance services, governmental fire departments or other EMS agencies that are operated legally in conjunction with the Citys EMS system.

 


(6) Private Homes. Persons keeping an AED for personal use in their private home.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Joseph A. Guarino

Assistant City Attorney