2023 South Dakota Legislature

Senate Bill 101

An Act to provide the Department of Health with oversight authority for the provision of emergency medical services.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That   34-11-1 be AMENDED:

34-11-1. Any A county or municipality may provide ambulance service and enter into agreements with other governmental subdivisions and with other persons for such services. Any county or municipality may appropriate funds for such purposes:

(1) Provide or contract for the provision of ambulance services; and may enter into an agreement with such other governmental

(2) Contract with a political subdivision or any competent other person to furnish funds for such purposes, on an annual basis as may mutually be agreed upon. The funds shall be paid to such person or political subdivision when a claim has been duly filed, audited, and allowed by the county or municipality. Any county or municipality may license and regulate persons providing such services, for the provision of moneys to support ambulance services.

Section 2. That   34-11-2 be AMENDED:

34-11-2. Terms used in this chapter mean:

(1) "Air ambulance," an aircraft, fixed wing, or helicopter, that is designated or can be quickly modified to provide transportation of wounded, injured, sick, invalid, or incapacitated human beings or expectant mothers;

(2) "Ambulance," a vehicle for emergency care with that has a driver compartment and a patient compartment, carrying and carries all equipment and supplies needed to provide emergency medical technical-basic level for the provision of emergency care, at the scene of an emergency and enroute to an appropriate a medical facility, by:

(a) Advanced life support personnel, as defined in   36-4B-1; and

(b) Emergency medical technicians, certified in accordance with section 31 of this Act; and

(3)(2) "Ambulance service," any person or organization that is licensed by the Department of Health to provide emergency medical services, at the scene of an emergency and enroute to a medical facility, and to provide nonemergency medical transportation to a patient transport;

(4) "Emergency medical responder," any person certified by the Department of Health trained to provide simple, noninvasive care focused on lifesaving interventions for critical patients. The emergency medical responder renders on site emergency care while awaiting additional emergency medical services response from an emergency medical technician or higher level personnel. An emergency medical responder may notmake decisions independently regarding the appropriate disposition of a patient;

(5) "Emergency medical technician" any person trained in emergency medical care in accordance with standards prescribed by rules promulgated pursuant to this chapter, who provides emergency medical services, including automated external defibrillation under indirect medical control, in accordance with the person's level of training;

(6) "License," the permit to provide ambulance service;

(7) "Licensing agency," the Department of Health;

(8) "Medical director," a physician licensed pursuant to chapter 36-4 who is responsible for providing medical supervision and direction to an ambulance service; and

(9) "Operator," any person or entity who has a license from the licensing agency to provide ambulance service.

Section 3. That   34-11-3 be AMENDED:

34-11-3. No Before an ambulance service shall may be operated in this stateunless the ambulance service has a currently valid license from the licensing agency to provide such, the service must be licensed by the Department of Health. In order to obtain licensure, the chief executive of the service must:

(1) Complete and submit an application developed by the department; and

(2) Submit a licensure fee established by the department, in rule, pursuant to chapter 1-26, but not exceeding twenty-five dollars.

A license issued in accordance with this section expires two years from the date of issuance.

Section 4. That   34-11-5 be AMENDED:

34-11-5. The Department of Health may adoptshall promulgate rules, pursuant to chapter 1-26, relating to the licensure and operation of an ambulance services including patient care, personnel, medical and maintenance service. The rules must include:

(1) The nature and scope of the services that may be provided to patients by the ambulance service;

(2) The medical equipment and supplies that must be on board each ambulance;

(3) The maintenance requirements for medical equipment, sanitary conditions, and necessary supplies; and

(4) Sanitary requirements.

Section 5. That   34-11-6 be AMENDED:

34-11-6. No operator may provideThe Department of Health may not license an ambulance service unless both the each driver of the ambulance and the attendant on duty in the ambulance possess certification of completing an emergency carehas:

(1) Completed an emergency vehicles operation course, approved by the Department of Healthdepartment; and