CHAPTER 44:05:07

HARDSHIP EXEMPTION

Section

44:05:07:01        Application form.

44:05:07:02        Approval of hardship exemption.

44:05:07:03        Renewal of hardship exemption.

    44:05:07:01.  Application form. An application for a hardship exemption must include:

    (1)  The name of the ambulance service;

    (2)  The ambulance service owner’s or chief executive officer’s name, official title, address, email address, and phone number;

    (3)  Documentation that the ambulance service solicited applications from family medicine, internal medicine, emergency medicine, or other qualified medical specialty physicians who are within a fifty-mile radius of the ambulance service coverage area and credentialed to work at the primary receiving facility for the ambulance service and from whom no applications were received;

    (4)  Documentation that any fee that might be charged by physician willing and available to serve as the medical director is not reasonable and customary and would pose a financial hardship to the ambulance service; and

    (5)  The name, credentials, and contact information for the program director being requested.

    An application must be received by the department at least thirty days prior to the intended start date of the program director.

    Source: 51 SDR 36, effective September 30, 2024.

    General Authority: SDCL 34-11-12.2.

    Law Implemented: SDCL 34-11-12.2.

    Cross Reference: Approval of hardship exempion applications, § 44:05:07:02.

    44:05:07:02.  Approval of hardship exemption application. The department shall approve a hardship exemption if an ambulance service:

    (1)  Demonstrates by clear and convincing evidence that no physician who is within a fifty-mile radius of the ambulance service coverage area or credentialed to work at the primary receiving facility for the ambulance service is available and willing to serve as the medical director of the ambulance service for a fee that is less than five percent of the ambulance service’s annual budget; and

    (2)  Provides documentation that the program director selected has:

        (a)  A minimum of two years of clinical experience as a physician assistant or nurse practitioner;

        (b)  Agreed, in writing, to be responsible for the supervision and healthcare direction of the ambulance service; and

        (c)  Attested to having reviewed and to understanding the Rural EMS Healthcare Direction in South Dakota document on the department website.

    Source: 51 SDR 36, effective September 30, 2024.

    General Authority: SDCL 34-11-12.2.

    Law Implemented: SDCL 34-11-12.2.

    Collateral Reference: Rural EMS Healthcare Direction in South Dakota, 2024. Copies available at no cost at https://doh.sd.gov/healthcare-professionals/ems-trauma-program/ambulance-services/.

    44:05:07:03.  Renewal of hardship exemption. To renew the exemption approved pursuant to § 44:05:07:01, an ambulance service must submit a new application to the department thirty days prior to the expiration of the current exemption.

    Source: 51 SDR 36, effective September 30, 2024.

    General Authority: SDCL 34-11-12.2.

    Law Implemented: SDCL 34-11-12.2.