ENTITLED An Act to revise provisions related to the licensure and regulation of ambulance services.

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

Section 1. That   32-31-4 be AMENDED:

32-31-4. The speed limit set out in    32-25-1.1 to 32-25-17, inclusive, does not apply to any authorized emergency vehicle responding to an emergency call if the driver sounds an audible siren or air horn or both or displays flashing, oscillating, or rotating beams of red light or combinations of red, blue, or white light visible one hundred eighty degrees to the front of the vehicle. The lights must be capable of warning the public of the presence of an emergency vehicle under normal atmospheric conditions. The speed limit set out in    32-25-1.1 to 32-25-17, inclusive, does not apply to authorized emergency vehicles operated by law enforcement officers who are measuring the speed of other vehicles by use of the emergency vehicle speedometer. An ambulance driver who is certified pursuant to chapter 36-4B may operate an ambulance in excess of the speed limit without audible signals while operating outside the city limits of a municipality.

Section 2. That   34-11-1 be AMENDED:

34-11-1. A county or municipality may:

(1) Provide or contract for the provision of ambulance services; and

(2) Contract with another political subdivision or other person for the provision of moneys to support ambulance services.

Section 3. That   34-11-2 be AMENDED:

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

(1) "Ambulance," a vehicle that has a driver compartment and a patient compartment, and carries the equipment and supplies needed for the provision of emergency care, by personnel licensed or certified in accordance with chapter 36-4B, at the scene of and enroute from an emergency;

(2) "Ambulance service," any person or organization that is licensed by the department to provide:

(a) Emergency medical services at the scene of and enroute from an emergency;

(b) Transportation of a patient from a medical facility to another medical facility;

(c) Transportation of a patient from a medical facility to a non-medical facility; and

(d) Transportation of a patient from a non-medical facility to a medical facility;

(3) "Department," the Department of Health;

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

(5) "Program director," a physician assistant licensed pursuant to chapter 36-4B, or a nurse practitioner licensed pursuant to chapter 36-9A, who is authorized by section 6 of this Act and is responsible for providing supervision and direction to an ambulance service in place of a medical director.

Section 4. That   34-11-3 be AMENDED:

34-11-3. Before an ambulance service may be operated in this state, the service must be licensed by the department. In order to obtain licensure, the ambulance 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 may only be renewed on or before June thirtieth in each even-numbered year.

Section 5. That chapter 34-11 be amended with a NEW SECTION:

An ambulance service licensed pursuant to this chapter must have a medical director, unless the ambulance service is granted a hardship exemption pursuant to section 6 of this Act.

Section 6. That a NEW SECTION be added to chapter 34-11:

If no physician licensed pursuant to chapter 36-4 is available and willing to serve as the medical director, the ambulance service may request a hardship exemption from the department that authorizes the ambulance service to have a program director.

To request a hardship exemption, an ambulance service must file an application with the department that documents the efforts made to obtain a medical director. The department shall grant the hardship exemption if the ambulance service demonstrates, to the satisfaction of the department, that no physician is available and willing to serve as the medical director.

A hardship exemption is valid for one year from the date of issuance. An ambulance service may renew a hardship exemption upon application to the department.

The granting or denial of a hardship exemption may be appealed to circuit court as provided by chapter 1-26.

The department shall promulgate rules, pursuant to chapter 1-26, to establish:

(1) The application form for a hardship exemption; and

(2) The standards used to evaluate a request for a hardship exemption.

The department shall post on its website a list of ambulance services granted a hardship exemption under this section.

Section 7. That   34-11-5 be AMENDED:

34-11-5. The department shall promulgate rules, pursuant to chapter 1-26, relating to the licensure and operation of an ambulance service. The rules must include:

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

(2) The maintenance requirements for medical equipment;

(3) Sanitary requirements;

(4) Licensure fees, not to exceed twenty-five dollars; and

(5) Quality assurance program standards.

Section 8. That   34-11-5.1 be AMENDED:

34-11-5.1. Any information obtained by the staff of an ambulance service that contains a patient's name, address, diagnosis, treatment, or other personally identifiable information is confidential, except as authorized by law, and may not be published or disclosed without authorization from the patient or the patient's designee.

Section 9. That   34-11-7 be AMENDED:

34-11-7. Each ambulance service shall provide electronic trip records to the department, at the time and in the manner directed by the department. The department shall set forth the required content for these records in rules promulgated in accordance with chapter 1-26. The content must be statistical in nature and may not include any information that is confidential, as referenced in   34-11-5.1.

Section 10. That   34-11-8 be AMENDED:

34-11-8. The department may inspect an ambulance service for compliance with this chapter.

Section 11. That chapter 34-11 be amended with a NEW SECTION:

The department may deny the issuance or renewal of a license issued under this chapter, and may suspend, revoke, or impose probation on a license issued under this chapter, for a violation of any provision of this chapter or any rule adopted thereunder.

Section 12. That chapter 34-11 be amended with a NEW SECTION: