36-4B-10. Repealed.

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; SL 2024, ch 153, § 31.

36-4B-11. Repealed.

Source: SL 1978, ch 269, § 14; SL 1992, ch 268, § 8; SL 2024, ch 153, § 32.

36-4B-12. Educational programs--Emergency medical personnel--Approval withdrawal or denial.

The board may withdraw or deny approval of any educational program if the program fails to comply with the provisions of § 36-4B-7.

Source: SL 1978, ch 269, § 15; SL 1992, ch 268, § 9; SL 2024, ch 153, § 5.

36-4B-13. Issuance of emergency medical services personnel licenses--Qualifications of applicants.

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.

Source: SL 1978, ch 269, § 8; SL 1987, ch 268, § 3; SL 1992, ch 268, § 10; SL 2020, ch 168, § 2; SL 2021, ch 172, § 5; SL 2024, ch 153, § 6.

36-4B-13.1. Background check--Applicants--Information confidential.

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.

Source: SL 2022, ch 145, § 1; SL 2024, ch 153, § 7.

36-4B-13.2. Background check--Disciplinary investigation--Failure to submit.

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.

Source: SL 2024, ch 153, § 8.

36-4B-14. License issuance.

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.

Source: SL 1978, ch 269, § 9; SL 1992, ch 268, § 11; SL 2024, ch 153, § 9.

36-4B-15. Medical supervision--Direct and indirect control--Hardship exemption.

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 34-11, 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.

Source: SL 1978, ch 269, § 3; SL 2022, ch 144, § 2; SL 2024, ch 153, § 10.

36-4B-16. Permitted practice--Emergency medical technician-intermediate/99.

An emergency medical technician-intermediate/99 may:

(1)    Respond to, assess, and triage non-urgent, urgent, and emergent requests for medical care;

(2)    Apply basic and focused advanced knowledge and skills necessary to provide patient care transportation;

(3)    Perform interventions with the basic and advanced equipment typically found in an ambulance;

(4)    Perform intravenous cannulation for shock management;

(5)    Administer medications approved by the board; and

(6)    Perform other advanced skills approved by the board.

Source: SL 1978, ch 269, § 16; SL 1983, ch 268; SL 1987, ch 268, § 5; SL 2003, ch 198, § 4; SL 2024, ch 153, § 11.

36-4B-16.1. Permitted practice--Emergency medical technician-intermediate/85.

An emergency medical technician-intermediate/85 may:

(1)    Respond to, assess, and triage non-urgent, urgent, and emergent requests for medical care;

(2)    Apply basic and focused advanced knowledge and skills necessary to provide patient care transportation;

(3)    Perform interventions with the basic equipment typically found in an ambulance;

(4)    Perform intravenous cannulation for shock management; and

(5)    Perform other advanced skills approved by the board.

Source: SL 1987, ch 268, § 4; SL 1992, ch 268, § 12; SL 2003, ch 198, § 5; SL 2024, ch 153, § 12.

36-4B-16.2. Permitted practice--Advanced emergency medical technician.

An advanced emergency medical technician may:

(1)    Respond to, assess, and triage nonurgent, urgent, and emergent requests for medical care;

(2)    Apply basic and focused advanced knowledge and skills necessary to provide patient care transportation;

(3)    Perform interventions with the basic and advanced equipment typically found in an ambulance;

(4)    Administer medications approved by the board;

(5)    Perform focused advanced skills to mitigate specific life-threatening, medical, and psychological conditions with a targeted set of skills beyond the level of an emergency medical technician; and

(6)    Perform other advanced skills approved by the board.

Source: SL 2011, ch 177, § 2; SL 2024, ch 153, § 13.

36-4B-16.3. Permitted practice--Emergency medical responders.

An emergency medical responder may:

(1)    Provide initial emergency care, consisting of first aid and basic life support to a patient at the scene of an emergency; and

(2)    Assist an emergency medical technician or advanced life support personnel both at the scene of an emergency and during the transport of a patient to a medical facility.

An emergency medical responder may not make decisions independently regarding the appropriate disposition of a patient.

Source: SL 2024, ch 153, § 15.

36-4B-16.4. Permitted practice--Emergency medical technician.

An emergency medical technician may, in addition to any services provided by an emergency medical responder, provide pre-hospital emergency care that includes interventions using basic equipment, typically found in an ambulance, and necessary to stabilize and safely transport patients.

Source: SL 2024, ch 153, § 16.

36-4B-17. Permitted practice--Paramedics.

A paramedic may:

(1)    Respond to, assess, and triage nonurgent, urgent, and emergent requests for medical care;

(2)    Apply basic and focused advanced knowledge and skills necessary to determine patient physiologic, psychological, and psychosocial needs;

(3)    Perform interventions with the basic and advanced equipment typically found in an ambulance, including diagnostic equipment approved by an ambulance service medical director;

(4)    Administer medications approved by the board;

(5)    Provide specialized interfacility care during patient transport; and

(6)    Perform other advanced skills approved by the board.

Source: SL 1978, ch 269, § 17; SL 1987, ch 200, § 6; SL 2024, ch 153, § 14.

36-4B-18. Repealed.

Source: SL 1978, ch 269, § 18; SL 1992, ch 268, § 13; SL 2003, ch 198, § 6; SL 2024, ch 153, § 33.

36-4B-18.1. Critical care endorsement.

A critical care endorsement is hereby created. The board shall issue the endorsement to any person who is licensed as a paramedic and:

(1)    Completes the educational requirements and training, in critical care transport, approved by the board and promulgated in accordance with section 36-4B-35; or

(2)    Is certified as a critical care paramedic or a flight paramedic by the International Board of Specialty Certification.

Source: SL 2022, ch 146, § 1; SL 2024, ch 153, § 17.

36-4B-18.2. Community paramedic endorsement.

A community paramedic endorsement is hereby created. The board may issue a community paramedic endorsement to a person who:

(1)    Is licensed as a paramedic;

(2)    Completes the education requirements and training approved by the board and promulgated in accordance with § 36-4B-35; and

(3)    Applies on a form prescribed by the board.

Source: SL 2023, ch 135, § 1; SL 2024, ch 153, § 18.

36-4B-18.3. Community paramedic--Protocols and supervisory standards--Patient care plan.

A person who holds a community paramedic endorsement shall practice in accordance with protocols and supervisory standards established by the board in accordance with § 36-4B-35. A person with a community paramedic endorsement may provide services as directed by a patient care plan if the plan has been developed by the patient's primary physician, an advanced practice registered nurse, or a physician assistant, in conjunction with the medical director of the ambulance service.

Source: SL 2023, ch 135, § 2.

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. Emergency medical services personnel--Healthcare facility policies.

If emergency medical services personnel render services in a hospital or other healthcare facility licensed pursuant to chapter 34-12, they are subject to the policies and protocols of that hospital or facility.

Source: SL 1978, ch 269, § 20; SL 2024, ch 153, § 19.

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. Sponsoring organization--Immunity--Exceptions.

No agency, organization, institution, corporation, or entity of state or local government that sponsors, authorizes, supports, finances or supervises the functions of emergency medical service personnel is liable for any civil damages for any act or omission in connection with the personnel, where the act or omission occurs in connection with the personnel's training or with services rendered outside a hospital and where the life of a patient is in immediate danger, unless the act or omission is inconsistent with the training of the personnel or the act or omission was the result of gross negligence or willful misconduct.

Source: SL 1978, ch 269, § 22; SL 2024, ch 153, § 20.

36-4B-23. Sponsoring organization individuals--Immunity--Exceptions.

No principal, agent, contractor, employee or representative of an agency, organization, institution, corporation, or entity of state or local government that sponsors, authorizes, supports, finances or supervises the functions of emergency medical services personnel is liable for any civil damages for any act or omission in connection with the sponsorship, authorization, support, finance or supervision of the personnel, where the act or omission occurs in connection with the personnel's 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 personnel or the act or omission was the result of gross negligence or willful misconduct.

Source: SL 1978, ch 269, § 23; SL 2024, ch 153, § 21.

36-4B-24. Supervising physician--Immunity--Exception.

A physician, nurse practitioner, or physician assistant who supervises emergency medical services personnel is not liable for any civil damages for any act or omission of the 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; SL 2024, ch 153, § 22.

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. License renewal--Requirements.

An initial license issued to emergency medical services personnel in accordance with this chapter expires on April thirtieth in the second calendar year after issuance and every two years thereafter.

In order to renew a license, emergency medical services personnel must submit to the board, prior to the expiration date:

(1)    An application for renewal, as prescribed by the board;

(2)    The renewal fee in the amount set forth in § 36-4B-29; and

(3)    Verification of having met the continuing education requirements, as set forth in rules authorized under § 36-4B-35.

Source: SL 1978, ch 269, § 26; SL 1992, ch 268, § 14; SL 2003, ch 198, § 7; SL 2024, ch 153, § 23.

36-4B-27. Repealed.

Source: SL 1978, ch 269, § 27; SL 1992, ch 268, § 15; SL 2003, ch 198, § 8; SL 2024, ch 153, § 34.

36-4B-28. Suspension on failure to renew license--Reinstatement.

The board shall suspend any license not renewed within the time required, as set forth in § 36-4B-26.

The board may reinstate a license, during the twelve-month period following the date of expiration, upon receiving proof that the person who held the license:

(1)    Complied with the requirements set forth in § 36-4B-26; and

(2)    Paid the reinstatement fee established by the board pursuant to § 36-4B-29.

Source: SL 1978, ch 269, § 28; SL 1992, ch 268, § 16; SL 2024, ch 153, § 24.

36-4B-29. Licensure fees--Promulgation of rules.

The board shall promulgate rules pursuant to chapter 1-26 to establish fees for emergency medical services personnel as follows:

(1)    Initial licensure, not more than fifty dollars;

(2)    Licensure by reciprocity, not more than seventy-five dollars;

(3)    Licensure renewal, not more than fifty dollars; and

(4)    Reissuance of a lost or destroyed license, 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; SL 2024, ch 153, § 25.

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. Denial, suspension or revocation--Grounds.

The board may deny the issuance or renewal of a license or certification, and may suspend or revoke a license or certification issued under this chapter, if the individual:

(1)    Procures or attempts to procure a license or certification through fraud, deceit, misrepresentation, or in violation of the provisions of this chapter and rules promulgated thereunder;

(2)    Is unable to perform the skills for which the individual is licensed;

(3)    Has engaged in unprofessional or dishonorable conduct, as defined in § 36-4-30;

(4)    Has been convicted of a felony that:

(a)    Has a direct bearing upon the individual's ability to serve the public in a capacity certified or licensed by this chapter; or

(b)    Has been convicted of a crime that requires the individual to register as a sex offender in any state;

(5)    Has had the individual's National Registry of Emergency Technicians or other health care certification or license encumbered for any reason;

(6)    Provides emergency medical services without authorization from a physician, physician assistant, or nurse practitioner; or

(7)    Fails to respond to an emergency while on call through willful disregard and not by a good-faith error or circumstances beyond the individual's control.

Source: SL 1978, ch 269, § 31; SL 1992, ch 268, § 19; SL 2005, ch 199, § 8; SL 2024, ch 153, § 26.

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. Repealed.

Source: SL 1978, ch 269, § 33; SL 1992, ch 268, § 21; SL 2024, ch 153, § 35.

36-4B-34. Repealed.

Source: SL 1978, ch 269, § 34; SL 1992, ch 268, § 22; SL 2024, ch 153, § 36.

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. Emergency medical services personnel program--Promulgation of rules.

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

(1)    Provide for an application form and process for the licensure of emergency medical services personnel and the certification of ambulance drivers;

(2)    Set forth criteria for educational and training program approval, including instructor qualifications, student acceptance, and clinical requirements;

(3)    Establish the educational and training requirements, and the National Registry of Emergency Medical Technicians requirements, for applicants seeking licensure as emergency medical services personnel;

(4)    Provide for the renewal of ambulance driver certification and continuing education requirements;

(5)    Establish procedures for the administration of the emergency medical services personnel program;

(6)    Regulate the professional conduct of emergency medical services personnel and ambulance drivers;

(7)    Establish the educational and training requirements, and conditions for issuance of a critical care endorsement, as provided for in § 36-4B-18.1;

(8)    Establish the:

(a)    Educational and training requirements and conditions for issuance of a community paramedic endorsement; and

(b)    Practice protocols and supervisory requirements for a person with a community paramedic endorsement; and

(9)    Establish the allowable skills and techniques performed by emergency medical services personnel under direct and indirect control.

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; SL 2022, ch 146, § 2; SL 2023, ch 135, § 3; SL 2024, ch 153, § 27.

36-4B-36. Repealed.

Source: SL 1978, ch 269, § 36; SL 1992, ch 268, § 24; SL 2024, ch 153, § 37.

36-4B-37. Emergency medical services personnel council--Appointment--Terms--Meetings--Duties--Board communication.

The board shall appoint an emergency medical services personnel council composed of five members:

(1)    One emergency medical technician;

(2)    One emergency medical technician-intermediate/85, emergency medical technician-intermediate/99, or advanced emergency medical technician;

(3)    Two paramedics; and

(4)    One physician licensed in accordance with chapter 36-4 and trained in emergency medicine.

The term of office for each member is three years. No member may serve more than three consecutive, full terms. If a vacancy occurs, the board must appoint a new member to fill the unexpired term. The appointment of a member to an unexpired term is not considered a full term.

The council shall meet at least twice each year, at a time and place set by the council, and may hold additional meetings as necessary to conduct business. The council shall meet the requirements of chapter 1-25 regarding open meetings.

The council shall assist the board in all matters related to the licensure, practice, education, continuing education, investigation, and discipline of emergency medical services personnel pursuant to this chapter. The council shall make recommendations to the board regarding rules promulgated pursuant to this chapter. The council shall submit meeting minutes and any recommendations to the board following each council meeting.

The board shall communicate activity on all matters relating to emergency medical services personnel with the council.

Source: SL 2005, ch 199, § 7; SL 2020, ch 167, § 2; SL 2024, ch 152, § 5; SL 2024, ch 153, § 28.

36-4B-38. Repealed.

Source: SL 2007, ch 208, § 2; SL 2022, ch 102, § 4.

36-4B-39. Repealed.

Source: SL 2007, ch 208, § 3; SL 2022, ch 102, § 5.

36-4B-40. Repealed.

Source: SL 2014, ch 178, § 1, eff. Mar. 10, 2014; SL 2022, ch 102, § 6.

36-4B-41. Driver certification--Requirements.

The board may issue a certification as an ambulance driver to a person who:

(1)    Completes an emergency care course approved by the board; and

(2)    Applies on a form prescribed by the board.

Source: SL 2024, ch 153, § 30.

36-4B-42. Reporting requirements.

Any individual licensed or certified in accordance with this chapter must report any of the following occurrences to the board, within thirty days of the date of the occurrence:

(1)    Conviction or discipline for unprofessional conduct or dishonorable conduct, as defined in § 36-4-30;

(2)    Any encumbrance of the individual's National Registry of Emergency Medical Technicians or other health care certification or licensure;

(3)    Hospital disciplinary action implicating the individual;

(4)    Action affecting the individual's privilege to practice;

(5)    Judgment or settlement related to the individual's alleged malpractice; and

(6)    Change in the individual's:

(a)    Home address;

(b)    Business address;

(c)    Home phone number;

(d)    Work phone number;

(e)    Email address; or

(f)    Other information that is used for communicating with the board.

Failure to report may constitute a basis for disciplinary action against the individual.

Source: SL 2024, ch 153, § 29.