ENTITLED An Act to revise provisions related to the regulation of emergency medical services and associated personnel.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 36-4B-1 be AMENDED:
36-4B-1. Terms used in this chapter mean:
(1) "Advanced life support," a level of emergency care consisting of basic life support procedures and definitive therapy;
(2) "Advanced life support personnel," a person licensed by the board as:
(a) An emergency medical technician-intermediate/85;
(b) An emergency medical technician-intermediate/99;
(c) An advanced emergency medical technician; or
(d) A paramedic;
(3) "Basic life support personnel," a person:
(a) Certified by the board as an ambulance driver;
(b) Licensed by the board as an emergency medical responder; or
(c) Licensed by the board as an emergency medical technician;
(4) "Board," the State Board of Medical and Osteopathic Examiners;
(5) "Direct control," real-time communications during an ambulance run between emergency medical services personnel and a physician, physician assistant, or nurse practitioner, licensed in this state;
(6) "Emergency medical services," health care provided to a patient by emergency medical services personnel;
(7) "Emergency medical services personnel," a person licensed by the board as:
(a) An emergency medical responder;
(b) An emergency medical technician;
(c) An emergency medical technician-intermediate/85;
(d) An emergency medical technician-intermediate/99;
(e) An advanced emergency medical technician; or
(f) A paramedic; and
(8) "Indirect control," the establishment and implementation of guidelines, policies, and protocols approved by a physician, physician assistant, or nurse practitioner, licensed in this state.
Section 2. That 36-4B-2 be AMENDED:
36-4B-2. The board shall administer a program for emergency medical services personnel, in accordance with this chapter.
Section 3. That 36-4B-3 be AMENDED:
36-4B-3. It is a Class 2 misdemeanor for any person not licensed in accordance with this chapter to purport to be, or practice as, an emergency medical services personnel. Each violation is a separate offense.
Section 4. That 36-4B-7 be AMENDED:
36-4B-7. The board shall approve educational programs for the instruction of emergency medical services personnel provided the programs meet or exceed the standards established for certification by the National Registry of Emergency Medical Technicians, as of January 1, 2024.
A person may not offer a program for the instruction of emergency medical services personnel without first receiving approval by the board, in accordance with this section.
Section 5. That 36-4B-12 be AMENDED:
36-4B-12. The board may withdraw or deny approval of any educational program if the program fails to comply with the provisions of 36-4B-7.
Section 6. That 36-4B-13 be AMENDED:
36-4B-13. The board shall, by rule promulgated pursuant to chapter 1-26:
(1) Establish the educational and practical criteria and requirements for licensure as:
(a) An emergency medical responder;
(b) An emergency medical technician;
(c) An emergency medical technician-intermediate/85;
(d) An emergency medical technician-intermediate/99;
(e) An advanced emergency medical technician; and
(f) A paramedic; and
(2) Provide an application form for use in requesting licensure.
Section 7. That 36-4B-13.1 be AMENDED:
36-4B-13.1. In addition to the requirements referenced in 36-4B-13, an applicant for licensure as an emergency medical technician or advanced life support personnel shall submit to a state and federal criminal background check. The applicant shall provide a full set of fingerprints to the board in the form and manner prescribed by the board. The board shall submit the fingerprints to the Division of Criminal Investigation for a criminal background check by the division and the Federal Bureau of Investigation. The applicant shall sign a release of information to the board, and pay any fee charged for the fingerprinting or the background check.
Upon completion of the background check, the division must deliver the applicant's criminal history information to the board. The board shall consider this information in determining whether to issue a license to the applicant. The board may not issue a license to an applicant before receiving this information. The board may not disseminate any information obtained under this section to a person not employed by the board.
Section 8. That a NEW SECTION be added:
The board may require a licensee who is the subject of a disciplinary investigation to submit to a fingerprint-based state and federal criminal background check.
The board may suspend or revoke a license for the licensee's failure to submit to or cooperate with the background check.
Section 9. That 36-4B-14 be AMENDED:
36-4B-14. The board may issue a license to an individual who:
(1) Has passed the National Registry of Emergency Medical Technicians examination;
(2) Meets all other requirements of this chapter for the license sought; and
(3) Holds current licensure in another state or current certification by the National Registry of Emergency Medical Technicians for the license sought.
Section 10. That 36-4B-15 be AMENDED:
36-4B-15. Except as otherwise provided in this section, emergency medical services personnel must, through the use of direct and indirect control, be supervised by a physician licensed in accordance with chapter 36-4.
If emergency medical services personnel are affiliated with an ambulance service that has been granted a hardship exemption in accordance with chapter 36-11, the personnel must, through the use of direct and indirect control, be supervised by a:
(1) Physician licensed in accordance with chapter 36-4;
(2) Physician assistant licensed in accordance with chapter 36-4A; or
(3) Nurse practitioner licensed in accordance with chapter 36-9A.
A physician, or a physician assistant or nurse practitioner if the ambulance service has been granted a hardship exemption, must oversee the practice and review the patient care reports of the emergency medical services personnel.
Section 11. That 36-4B-16 be AMENDED:
36-4B-16. An emergency medical technician‑intermediate/99 may: