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CHAPTER 36-4B

ADVANCED LIFE SUPPORT PERSONNEL

36-4B-1      Definition of terms.
36-4B-2      Program created--Implementing agencies.
36-4B-3      Practice or holding out as medical technician or paramedic as misdemeanor unless licensed--Each violation a separate offense.
36-4B-4      Authorized activities of advanced life support students--Supervision.
36-4B-5      Federal personnel not restricted--Religious groups not practicing medicine.
36-4B-6      Grant of student status--Qualifications of applicants.
36-4B-7      Administrative requirements for educational programs in advanced life support.
36-4B-8, 36-4B-9. Repealed.
36-4B-10      Implementation and approval of educational programs in advanced life support--Applications for approval.
36-4B-11      Notice to board of changes in directorship or content of educational programs.
36-4B-12      Withdrawal of approval for failure of educational program to meet requirements.
36-4B-13      Issuance of advanced life support licenses--Qualifications of applicants.
36-4B-14      Licensing without examination of licensee from another state.
36-4B-15      Medical supervision of advanced life support personnel.
36-4B-16      Practices permitted by emergency medical technician-intermediate/99.
36-4B-16.1      Practices permitted by emergency medical technician-intermediate/85.
36-4B-16.2      Practices permitted by emergency medical technician-advanced.
36-4B-17      Practices permitted by licensed paramedics.
36-4B-18      Additional tasks permitted with adequate training and proficiency.
36-4B-19      Functions delegated to other professions not authorized for advanced life support personnel.
36-4B-20      Hospital and institutional rules applicable.
36-4B-21      Immunity from liability of licensees--Exceptions.
36-4B-22      Immunity from liability of sponsoring organization--Exceptions.
36-4B-23      Immunity from liability of representatives of sponsoring organization--Exceptions.
36-4B-24      Immunity from liability of supervising physician--Exception.
36-4B-25      Immunity from liability of physician transferring patient--Conditions for immunity.
36-4B-26      Annual renewal of license required--Form.
36-4B-27      Fee for annual renewal--Continuing education--Letters from supervising physician and employer--Notice to board of termination of employment.
36-4B-28      Suspension on failure to renew license--Reinstatement.
36-4B-29      Annual establishment of license and examination fees--Minimum and maximum amounts.
36-4B-30      Monthly payment of receipts into treasury--Credit to fund--Appropriation for expenses.
36-4B-31      Grounds for denial, suspension or revocation of license.
36-4B-32      Appeal of board decisions.
36-4B-33      Suspension of license for mental incompetency--Restoration to reason.
36-4B-34      Reissuance of canceled, suspended or revoked license.
36-4B-34.1      Peer review committee--Activities--Liability of members.
36-4B-34.2      Data of peer review committee--Disclosure--Discovery--Admissibility--Testimony.
36-4B-34.3      Application of § 36-4B-34.2 to observations made and records prepared during treatment--Testimony as witness.
36-4B-34.4      Peer review activity defined.
36-4B-35      Rules for administration and professional conduct.
36-4B-36      Prohibited rules.
36-4B-37      Advanced life support personnel advisory committee--Appointment--Terms--Duties.
36-4B-38      Training on use of auto-injector for emergency administration of epinephrine.
36-4B-39      Ambulances equipped with epinephrine auto-injectors--Use by emergency medical technicians--Statewide protocols.
36-4B-40      Ambulances equipped with supraglottic airway devices--Statewide protocols--Use by emergency medical technicians.


     36-4B-1.   Definition of terms. Terms used in this chapter mean:
             (1)      "Advanced life support," a level of prehospital and interhospital emergency care consisting of basic life support procedures and definitive therapy including the use of invasive procedures and may include the use of drugs and manual defibrillation;
             (2)      "Advanced life support personnel," any person other than a physician who has completed a department and board approved program and is licensed as an emergency medical technician-intermediate/85; emergency medical technician-intermediate/99; emergency medical technician-advanced; or emergency medical technician-paramedic as set forth in this chapter, or its equivalent;
             (3)      "Board," the South Dakota Board of Medical and Osteopathic Examiners;
             (4)      "Department," the South Dakota State Department of Health;
             (5)      "Direct medical control," communications between field personnel and a physician during an emergency run;
             (6)      "Emergency medical services," health care provided to the patient at the scene, during transportation to a medical facility, between medical facilities and upon entry at the medical facility;
             (7)      "Emergency medical technician-advanced," any person who has successfully completed a program of study approved by the department and the board in all areas of training and skills set forth in the advanced emergency medical technician instructional guidelines and standards, including placement of esophageal and supraglottic airways, intravenous cannulation, shock management, administration of specific medications, and other advanced skills approved by the board, and who is licensed by the board to perform such advanced skills;
             (8)      "Emergency medical technician/EMT," any person trained in emergency medical care in accordance with standards prescribed by rules and regulations promulgated pursuant to § 34-11-6, who provides emergency medical services, including automated external defibrillation under indirect medical control, in accordance with the person's level of training;
             (9)      "Emergency medical technician-intermediate/85," any person who has successfully completed a department and board approved program of instruction in basic life support and advanced life support skills in shock and fluid therapy, placement of esophageal airways, and other advanced life support skills approved by board action, and who is licensed by the board to perform such skills, including automated external defibrillation;
             (10)      "Emergency medical technician-paramedic," any person who has successfully completed a program of study approved by the department and the board and is licensed as an emergency medical technician-paramedic, which includes all training and skills set forth herein for emergency medical technician-intermediate/85 and emergency medical technician-intermediate/99, and other advanced skills programs approved by board action, and who is licensed by the board to perform such intermediate, special, and advanced skills;
             (11)      "Emergency medical technician-intermediate/99," any person who has successfully completed a department and board approved program of instruction in all areas of emergency medical technician-intermediate/85 curriculum plus other specific areas of emergency medical care in the following areas: manual and automated external defibrillation, telemetered electrocardiography, administration of cardiac drugs, administration of specific medications and solutions, use of adjunctive breathing devices, advanced trauma care, tracheotomy suction, esophageal airways and endotracheal intubation, intraosseous infusion, or other special skills programs approved by board action, and who is licensed by the board to perform intermediate skills plus such special skills;
             (12)      "Emergency medical technician-student status," any person who has received authorization for student status by the board and who has been accepted into an advanced life support training program to perform, under direct supervision, those activities and services currently being studied;
             (13)      "Epinephrine auto-injector," a spring-loaded needle and syringe with a single dose of epinephrine that will automatically release and inject the medicine, any similar automatic pre-filled cartridge injector, or any similar automatic injectable equipment;
             (14)      "Good faith," honesty, in fact, in the conduct, or transaction concerned;
             (15)      "Gross negligence," the intentional failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or health of another;
             (16)      "Hour of advanced life support studies," fifty minutes of training;
             (17)      "Indirect medical control," the establishment and implementation of system policies and procedures, such as medical treatment protocols, quality assurance programs and case reviews by a physician licensed in South Dakota;
             (18)      "Local government," any county, municipality, township, or village in this state;
             (19)      "Medical community," the physicians and medical resources located and available within a geographic area;
             (20)      "Medical emergency," an event affecting an individual in such a manner that a need for immediate medical care is created;
             (21)      "Patient," an individual who, as a result of illness or injury needs immediate medical attention, whose physical or mental condition is such that the individual is in imminent danger of loss of life or significant health impairment, or who may be otherwise incapacitated or helpless as a result of a physical or mental condition; and
             (22)      "Prehospital care," those emergency medical services rendered to emergency patients in an out-of-hospital setting, administered for analytic, stabilizing, or preventive purposes, precedent to and during transportation of such patients to emergency treatment facilities.

Source: SL 1978, ch 269, § 1; SL 1987, ch 268, § 1; SL 1991, ch 302, §§ 1-3; SL 1992, ch 268, § 1; SL 2003, ch 198, § 1; SL 2004, ch 17, § 232; SL 2007, ch 208, § 1; SL 2011, ch 177, § 1; SL 2015, ch 277 (Ex. Ord. 15-1), § 33, eff. Apr. 20, 2015.


     36-4B-2.   Program created--Implementing agencies. A state advanced life support program is created. It shall be implemented by the department of health under the direction of the Board of Medical and Osteopathic Examiners.

Source: SL 1978, ch 269, § 2.


     36-4B-3.   Practice or holding out as medical technician or paramedic as misdemeanor unless licensed--Each violation a separate offense. It is a Class 2 misdemeanor for any person not licensed under this chapter to hold herself or himself out or practice as an emergency medical technician-intermediate/85, emergency medical technician-intermediate/99, or an emergency medical technician-paramedic. Each violation is a separate offense.

Source: SL 1978, ch 269, § 4; SL 1987, ch 268, § 2; SL 2003, ch 198, § 2.


     36-4B-4.   Authorized activities of advanced life support students--Supervision. Nothing in this chapter limits the activities and services of advanced life support personnel in pursuing an approved advanced life support traineeship providing that person has student status as required in § 36-4B-6. Any activity and service performed by any advanced life support student shall be directly supervised by a person currently licensed in South Dakota pursuant to chapter 36-4B or in another state at the same level for which the student is in training or higher. A registered nurse, physician assistant, medical doctor, or doctor of osteopathy may act as the direct supervisor if the person is currently licensed in this state or in another state to perform the activity or service the person is supervising.

Source: SL 1978, ch 269, § 5; SL 1992, ch 268, § 2; SL 2003, ch 198, § 3.


     36-4B-5.   Federal personnel not restricted--Religious groups not practicing medicine. Nothing in this chapter shall limit the activities of employees of the United States Army, Air Force, Navy, or Marine Hospitals or of the United States Veterans' Administration, or the United States Public Health Service Hospitals or military medical personnel in the performance of their duties, nor to the religious groups as such who do not practice medicine, surgery, or obstetrics by the use of any material remedies or agencies.

Source: SL 1978, ch 269, § 6.


     36-4B-6.   Grant of student status--Qualifications of applicants. The board may grant authorization for student status in advanced life support upon verification that the applicant meets the following criteria: is at least eighteen years of age; has successfully completed emergency medical technician-basic training; has completed an approved high school course of study or has passed a standard equivalency test; is of good moral character; and has been tentatively accepted in an approved advanced life support training program.

Source: SL 1978, ch 269, § 7; SL 1992, ch 268, § 3.


     36-4B-7.   Administrative requirements for educational programs in advanced life support. An educational program for instruction of advanced life support personnel shall meet the following general requirements:
             (1)      The educational program shall develop an evaluation mechanism satisfactory to the Board of Medical and Osteopathic Examiners to determine the effectiveness of its theoretical and clinical programs, the results of which shall be made available to the board annually;
             (2)      Instructors in the theoretical and clinical training programs shall be competent and properly qualified in their respective fields of instruction and clinical training;
             (3)      The educational program shall establish a method of definitive candidate selection satisfactory to the board, in addition to requirements set forth by § 36-4B-6;
             (4)      The number of students enrolled in the theoretical program may not exceed the number that can be clinically supervised and trained.

Source: SL 1978, ch 269, § 10; SL 1992, ch 268, § 4.


     36-4B-8, 36-4B-9.   Repealed by SL 1992, ch 268, §§ 5, 6.


     36-4B-10.   Implementation and approval of educational programs in advanced life support--Applications for approval. Educational programs for instruction of advanced life support personnel shall be implemented by the Department of Health and approved by the board. Schools or institutions offering such programs shall submit applications for approval on forms provided by the board.

Source: SL 1978, ch 269, § 13; SL 1992, ch 268, § 7; SL 2004, ch 17, § 233; SL 2015, ch 277 (Ex. Ord. 15-1), § 33, eff. Apr. 20, 2015.


     36-4B-11.   Notice to board of changes in directorship or content of educational programs. The medical director of an educational program approved by the board shall notify the board if a change occurs in the directorship of the educational program or if major modifications in the curriculum are anticipated.

Source: SL 1978, ch 269, § 14; SL 1992, ch 268, § 8.


     36-4B-12.   Withdrawal of approval for failure of educational program to meet requirements. Failure of an educational program to comply with the general and specific curriculum requirements of this chapter shall result in withdrawal of the board's approval.

Source: SL 1978, ch 269, § 15; SL 1992, ch 268, § 9.


     36-4B-13.   Issuance of advanced life support licenses--Qualifications of applicants. The board may issue an appropriate advanced life support license to any person who files a verified application upon a form prescribed by the board, pays the required fee, and furnishes evidence satisfactory to the board that the person has met the following qualifications:
             (1)      Meets the age, high school, or equivalency test and moral character requirements of § 36-4B-6;
             (2)      Completes successfully an appropriate course of study approved by the board for the license sought; and
             (3)      Completes successfully a written and practical examination testing the applicant's knowledge in theoretical and applied prehospital primary care as it applies to the practice of the advanced life support license sought.

Source: SL 1978, ch 269, § 8; SL 1987, ch 268, § 3; SL 1992, ch 268, § 10.


     36-4B-14.   Licensing without examination of licensee from another state. The board may license advanced life support personnel in this state, without examination, if the person has passed the national registry written and practical examination and meets all other requirements of this chapter. Applicants shall hold current licensure in another state or current certification by the national registry for the license sought.

Source: SL 1978, ch 269, § 9; SL 1992, ch 268, § 11.


     36-4B-15.   Medical supervision of advanced life support personnel. Advanced life support personnel shall be supervised by a physician who will observe, direct, review the work records and practice permitted by §§ 36-4B-16 and 36-4B-17, to ensure that the patient is given proper treatment.

Source: SL 1978, ch 269, § 3.


     36-4B-16.   Practices permitted by emergency medical technician-intermediate/99. An emergency medical technician-intermediate/99 may perform basic life support techniques and while under proper medical supervision intermediate skills, special skills techniques, and other advanced life support skills for which they are licensed by the board.

Source: SL 1978, ch 269, § 16; SL 1983, ch 268; SL 1987, ch 268, § 5; SL 2003, ch 198, § 4.


     36-4B-16.1.   Practices permitted by emergency medical technician-intermediate/85. An emergency medical technician-intermediate/85 may perform basic life support techniques as set forth in chapter 34-11 and while under proper medical supervision advanced life support techniques listed in § 36-4B-1 and other advanced life support skills for which they are licensed by the board.

Source: SL 1987, ch 268, § 4; SL 1992, ch 268, § 12; SL 2003, ch 198, § 5.


     36-4B-16.2.   Practices permitted by emergency medical technician-advanced. An emergency medical technician-advanced may perform placement of esophageal and supraglottic airways, intravenous cannulations, shock management, administration of specific medications, and other advanced skills approved by the board.

Source: SL 2011, ch 177, § 2.


     36-4B-17.   Practices permitted by licensed paramedics. An emergency medical technician-paramedic may perform basic life support techniques as set forth in chapter 34-11 and while under proper medical supervision all intermediate and special skills. A paramedic may also perform other advanced life support skills for which he is licensed by the board.

Source: SL 1978, ch 269, § 17; SL 1987, ch 200, § 6.


     36-4B-18.   Additional tasks permitted with adequate training and proficiency. In addition to tasks listed in §§ 36-4B-16 and 36-4B-17, an emergency medical technician-intermediate/85, emergency medical technician-intermediate/99, or an emergency medical technician-paramedic may be permitted to perform, under direct or indirect medical control, such other tasks approved by the board, and for which adequate training and proficiency can be demonstrated.

Source: SL 1978, ch 269, § 18; SL 1992, ch 268, § 13; SL 2003, ch 198, § 6.


     36-4B-19.   Functions delegated to other professions not authorized for advanced life support personnel. Nothing in this chapter shall authorize advanced life support personnel to perform those specific functions and duties delegated by law to those persons licensed as chiropractors under chapter 36-5, optometrists under chapter 36-7, podiatrists under chapter 36-8 or pharmacists under chapter 36-11.

Source: SL 1978, ch 269, § 19.


     36-4B-20.   Hospital and institutional rules applicable. If advanced life support personnel should render services in a hospital and related institutions as licensed pursuant to chapter 34-12, said advanced life support personnel shall be subject to the rules and regulations of that hospital and related institutions.

Source: SL 1978, ch 269, § 20.


     36-4B-21.   Immunity from liability of licensees--Exceptions. No person, licensed and authorized pursuant to this chapter may be liable for any civil damages for any act or omission in connection with services given outside a hospital where the life of a patient is in immediate danger, unless the act or omission is inconsistent with the person's training, or the act or omission was the result of gross negligence or willful misconduct.

Source: SL 1978, ch 269, § 21.


     36-4B-22.   Immunity from liability of sponsoring organization--Exceptions. No agency, organization, institution, corporation, or entity of state or local government which sponsors, authorizes, supports, finances or supervises the functions of emergency medical service personnel licensed and authorized pursuant to this chapter, including advanced life support personnel, may be liable for any civil damages for any act or omission in connection with sponsorship, authorization, support, finance, or supervision of such emergency medical services personnel, where the act or omission occurs in connection with their training or with services rendered outside a hospital and where life of a patient is in immediate danger, unless the act or omission is inconsistent with the training of the emergency medical services personnel or the act or omission was the result of gross negligence or willful misconduct.

Source: SL 1978, ch 269, § 22.


     36-4B-23.   Immunity from liability of representatives of sponsoring organization--Exceptions. No principal, agent, contractor, employee or representative of an agency, organization, institution, corporation, or entity of state or local government which sponsors, authorizes, supports, finances or supervises the functions of emergency medical services personnel licensed and authorized pursuant to this chapter, including advanced life support personnel, may be liable for any civil damages for any act or omission in connection with such sponsorship, authorization, support, finance or supervision of such emergency medical services personnel, where the act or omission occurs in connection with their training, or occurs outside a hospital where the life of a patient is in immediate danger, unless the act or omission is inconsistent with the training of the emergency medical services personnel or the act or omission was the result of gross negligence or willful misconduct.

Source: SL 1978, ch 269, § 23.


     36-4B-24.   Immunity from liability of supervising physician--Exception. No physician who supervises the functions of emergency medical services personnel licensed and authorized pursuant to this chapter, including advanced life support personnel, may be liable for any civil damages for any emergency medical services personnel, where the life of a patient is in immediate danger, unless the act or omission was the result of gross negligence or willful misconduct.

Source: SL 1978, ch 269, § 24.


     36-4B-25.   Immunity from liability of physician transferring patient--Conditions for immunity. No physician, who in good faith arranges for, requests, recommends or initiates the transfer of a patient from a hospital to a critical medical care facility in another hospital, may be liable for any civil damages as a result of such transfer where sound medical judgment indicates that the patient's medical condition is beyond the care capability of the transferring hospital, or the medical community in which that hospital is located, and where the physician has confirmed that the transferee facility possesses a more appropriate level of capability for treating the patient's medical needs, and where the physician has secured a prior agreement from the transferee facility to accept and give necessary treatment to the patient.

Source: SL 1978, ch 269, § 25.


     36-4B-26.   Annual renewal of license required--Form. A person holding an advanced life support personnel license under the provisions of this chapter shall renew the license annually on or before the fifteenth day of July. A person licensed as an emergency medical technician-intermediate/85, an emergency medical technician-intermediate/99, or an emergency medical technician-paramedic shall renew the license upon a form furnished to the person by the board.

Source: SL 1978, ch 269, § 26; SL 1992, ch 268, § 14; SL 2003, ch 198, § 7.


     36-4B-27.   Fee for annual renewal--Continuing education--Letters from supervising physician and employer--Notice to board of termination of employment. A request for emergency medical technician-paramedic or emergency medical technician-intermediate/99 license renewal shall be accompanied annually by the prescribed fee and accompanied in odd numbered years by satisfactory evidence of sixty hours of advanced life support studies during the preceding two years. A request for emergency medical technician-intermediate/85 license renewal shall be accompanied annually by the prescribed fee and accompanied in odd numbered years by satisfactory evidence of forty hours of advanced life support studies during the preceding two years. The request shall also be accompanied by a letter from the supervising physician and the employer of the advanced life support personnel. If the advanced life support personnel is terminated the reasons shall be submitted to the board, in writing, by both the ambulance service and supervising physician, within seventy-two hours of termination of any such working contract.

Source: SL 1978, ch 269, § 27; SL 1992, ch 268, § 15; SL 2003, ch 198, § 8.


     36-4B-28.   Suspension on failure to renew license--Reinstatement. Any license not renewed pursuant to § 36-4B-27 shall be suspended. A license so suspended may be reinstated during the following twelve months by proof of requirements met in § 36-4B-27, and by payment of the renewal fee and a reinstatement fee as fixed by the board. Thereafter, a suspended license may be reinstated upon payment of a reinstatement fee fixed by the board pursuant to § 36-4B-29 following specific approval by the board.

Source: SL 1978, ch 269, § 28; SL 1992, ch 268, § 16.


     36-4B-29.   Annual establishment of license and examination fees--Minimum and maximum amounts. The board shall promulgate rules pursuant to chapter 1-26 to set fees in each of the following categories in an amount which will produce sufficient revenue for the ensuing fiscal year not to exceed one hundred twenty percent of the anticipated expenses of the board for the operation of the advanced life support program by the board for that year.
     The license fees for all advanced life support personnel shall be as follows:
             (1)      Licensure by examination, not less than fifteen dollars nor more than fifty dollars;
             (2)      Reexamination within one year, not less than fifteen dollars nor more than fifty dollars;
             (3)      Licensure by reciprocity, not less than twenty-five dollars nor more than seventy-five dollars;
             (4)      Renewal of a license, not less than ten dollars, nor more than twenty-five dollars;
             (5)      Reissuance of a lost or destroyed license, following approval of the board, not more than ten dollars.

Source: SL 1978, ch 269, § 29; SL 1986, ch 302, § 57; SL 1992, ch 268, § 17; SL 2008, ch 191, § 7.


     36-4B-30.   Monthly payment of receipts into treasury--Credit to fund--Appropriation for expenses. Any money coming in to the board each calendar month, including license fees, renewal fees, penalty fees, and any other payments, shall be paid by the board to the state treasurer by the tenth day of the next month. The state treasurer shall credit the money to the South Dakota Board of Medical and Osteopathic Examiners fund, which fund is hereby created. The money in the South Dakota Board of Medical and Osteopathic Examiners fund is hereby continuously appropriated to the board for the purpose of paying the expenses of administering and enforcing the provisions of this chapter. However, the total expense incurred may not exceed the total money collected by the board under the provisions of this chapter.

Source: SL 1978, ch 269, § 30; SL 1992, ch 268, § 18.


     36-4B-31.   Grounds for denial, suspension or revocation of license. The board may deny the issuance or renewal of a license or suspend or revoke the license of any advanced life support personnel issued under this chapter upon satisfactory proof of the person's incompetence, or unprofessional or dishonorable conduct as defined in § 36-4-30 or proof of a violation of this chapter.

Source: SL 1978, ch 269, § 31; SL 1992, ch 268, § 19; SL 2005, ch 199, § 8.


     36-4B-32.   Appeal of board decisions. Any party feeling aggrieved by any act, ruling or decision of the board acting pursuant to § 36-4B-31 may appeal the same under the provisions of chapter 1-26.

Source: SL 1978, ch 269, § 32; SL 1992, ch 268, § 20.


     36-4B-33.   Suspension of license for mental incompetency--Restoration to reason. If a person holding a license to practice advanced life support shall by final order or adjudication of a court of competent jurisdiction be adjudged to be mentally incompetent or insane, that person's license shall be suspended by the board after proceedings in compliance with chapter 1-26. Such suspension shall continue until the licensee is found or adjudged by such court to be restored to reason. The board may establish probationary conditions which it deems necessary for the best interest of the licensee.

Source: SL 1978, ch 269, § 33; SL 1992, ch 268, § 21.


     36-4B-34.   Reissuance of canceled, suspended or revoked license. Upon application, the board may reissue a license to practice advanced life support to a person whose license has been canceled, suspended, or revoked. A reissuance of a license which has been canceled or revoked may not be made prior to one year after the cancellation or revocation and the reissuance of any license may be made in such manner, form, and conditions as the board may require.

Source: SL 1978, ch 269, § 34; SL 1992, ch 268, § 22.


     36-4B-34.1.   Peer review committee--Activities--Liability of members. For the purposes of §§ 36-4B-34.1 to 36-4B-34.4, inclusive, a peer review committee is one or more persons, including an emergency medical technician at any level as described in this chapter, acting as an administrative or medical committee of a licensed health care facility or a licensed ambulance service, that engages in peer review activity. There is no monetary liability on the part of, and no cause of action for damages may arise against, any member of a peer review committee or against any consultant to that committee engaging in peer review activity as provided in §§ 36-4B-34.1 to 36-4B-34.4, inclusive, if the committee member or consultant acts without malice, has made a reasonable effort to obtain the facts of the matter under consideration, and acts in a reasonable belief that the action taken is warranted by those facts. The provisions of this section do not affect the official immunity of an officer or employee of a public corporation.

Source: SL 2004, ch 244, § 1.


     36-4B-34.2.   Data of peer review committee--Disclosure--Discovery--Admissibility--Testimony. The proceedings, records, reports, statements, minutes, or any other data whatsoever of any committee described in § 36-4B-34.1 relating to peer review activities defined in § 36-4B-34.4, are not subject to discovery or disclosure under chapter 15-6 or any other provision of law, and are not admissible as evidence in any action of any kind in any court or arbitration forum, except as provided in this section. No person in attendance at any meeting described in § 36-4B-34.1 is required to testify as to what transpired at such meeting. The prohibition relating to discovery of evidence does not apply to deny an emergency medical technician at any level access to, or use of, information upon which a decision regarding the person's staff privileges or employment are based. The prohibition relating to discovery of evidence does not apply to deny any person or the person's counsel in defense of an action against that person access to the materials covered under this section.

Source: SL 2004, ch 244, § 2.


     36-4B-34.3.   Application of § 36-4B-34.2 to observations made and records prepared during treatment--Testimony as witness. The provisions of § 36-4B-34.2 do not apply to any observation made at the time of treatment by a health care professional present during a patient's treatment or to patient records prepared during the treatment and care rendered to a patient who is personally or by personal representative a party to an action or proceeding, the subject matter of which is the care and treatment of the patient. Furthermore, no member of any committee covered by § 36-4B-34.1 who has participated in deliberations under that section involving the subject matter of the action, may testify as an expert witness for any party in any action for personal injury or wrongful death, the subject matter of which is the care and treatment of the patient. Notwithstanding membership on any committee covered by § 36-4B-34.1, a health care professional observing or participating in the patient's treatment and care may testify as a fact or expert witness concerning that treatment and care, but may not be required to testify as to anything protected by § 36-4B-34.1.

Source: SL 2004, ch 244, § 3.


     36-4B-34.4.   Peer review activity defined. For the purposes of §§ 36-4B-34.1 to 36-4B-34.4, inclusive, peer review activity is the procedure by which a peer review committee monitors, evaluates, and recommends actions to improve the delivery and quality of services within its respective facility, agency, and profession, including any recommendation, consideration of recommendations, action with regard to recommendations, and implementation of actions. Peer review activity and acts or proceedings undertaken or performed within the scope of the functions of a peer review committee include:
             (1)      Matters affecting employment and terms of employment of an emergency medical technician at any level by a health care facility or a licensed ambulance service;
             (2)      Matters affecting the membership and terms of membership in a health professional association composed of emergency medical technicians at any level, including decisions to suspend membership privileges, expel from membership, reprimand, or censure a member, or other disciplinary actions;
             (3)      Review and evaluation of qualifications, competency, character, experience, activities, conduct, or performance of an emergency medical technician at any level by a licensed health care facility or a licensed ambulance service; and
             (4)      Review of the quality, type, or necessity of services provided by any emergency medical technician at any level employed by a licensed health care facility or a licensed ambulance service.

Source: SL 2004, ch 244, § 4.


     36-4B-35.   Rules for administration and professional conduct. The board may adopt rules:
             (1)      To establish the educational and training curriculum requirements and the examination requirements for applicants to become licensed as advanced life support personnel;
             (2)      To establish the procedure to be followed for the administration of the advanced life support program designating the responsibilities of the Department of Health and the board;
             (3)      To regulate the professional conduct of licensees.

Source: SL 1978, ch 269, § 35; SL 1992, ch 268, § 23; SL 2004, ch 17, § 234; SL 2015, ch 277 (Ex. Ord. 15-1), § 33, eff. Apr. 20, 2015.


     36-4B-36.   Prohibited rules. The board may not pass any rules which:
             (1)      Are not authorized by § 36-4B-35 or are not designated to meet the intent of this chapter;
             (2)      Discriminate between licensees of the same class;
             (3)      Attempt to regulate persons, schools, or other institutions not licensed under this chapter;
             (4)      Have as their primary purpose the promotion or protection of the economic interests of licensees;
             (5)      Restrict the number of licensees for reasons other than their qualifications;
             (6)      Discriminate between programs approved under this chapter which train prospective licensees, whether in or out of the state.

Source: SL 1978, ch 269, § 36; SL 1992, ch 268, § 24.


     36-4B-37.   Advanced life support personnel advisory committee--Appointment--Terms--Duties. The board shall appoint an advanced life support personnel advisory committee composed of four members as follows:
             (1)      One emergency medical technician-intermediate/85;
             (2)      One emergency medical technician-intermediate/99;
             (3)      One emergency medical technician-paramedic; and
             (4)      One emergency room physician.
     Each committee member shall serve a term of three years. However, the terms of initial appointees shall be staggered so that no more than two members' terms expire in one year. No committee member may be appointed to more than three consecutive full terms. If a vacancy occurs, the board shall appoint a person to fill the unexpired term. The appointment of a person to an unexpired term is not considered a full term. The committee shall meet at least annually or as deemed necessary to conduct business. The advisory committee shall assist the board in evaluating standards of care for advanced life support personnel and the regulation of advanced life support personnel pursuant to this chapter. The committee shall also make recommendations to the board regarding rules promulgated pursuant to this chapter.

Source: SL 2005, ch 199, § 7.


     36-4B-38.   Training on use of auto-injector for emergency administration of epinephrine. The department, under the direction of the board, shall train each emergency medical technician to use an auto-injector in the administration of epinephrine in emergency cases of anaphylactic shock.

Source: SL 2007, ch 208, § 2.


     36-4B-39.   Ambulances equipped with epinephrine auto-injectors--Use by emergency medical technicians--Statewide protocols. Any ambulance service staffed by an emergency medical technician may be equipped with epinephrine auto-injectors. The board shall adopt statewide protocols for the administration of epinephrine auto-injectors. A copy of the board protocols signed by a physician shall be carried in any ambulance equipped with epinephrine auto-injectors. Any emergency medical technician who has received training may, pursuant to the protocols, administer epinephrine by use of an auto-injector.

Source: SL 2007, ch 208, § 3.


     36-4B-40.   Ambulances equipped with supraglottic airway devices--Statewide protocols--Use by emergency medical technicians. Any ambulance service staffed by an emergency medical technician may be equipped with supraglottic airway devices. The department shall adopt statewide protocols for the use of supraglottic airway devices. A copy of the department protocols signed by the medical director of the ambulance service shall be carried in any ambulance equipped with a supraglottic airway device. Any emergency medical technician who has received training may, pursuant to the protocols, utilize a supraglottic airway device.

Source: SL 2014, ch 178, § 1, eff. Mar. 10, 2014.


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