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SB 27 revise certain personnel requirements for ambulance services and...
State of South Dakota  
NINETY-FIRST SESSION
LEGISLATIVE ASSEMBLY, 2016  

400X0200   SENATE BILL   NO.  27  

Introduced by:    The Committee on Health and Human Services at the request of the Department of Health
 

        FOR AN ACT ENTITLED, An Act to revise certain personnel requirements for ambulance services and to repeal the hardship exemption.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That chapter 34-11 be amended by adding a NEW SECTION to read:
    The minimum personnel required on each ambulance run includes:
            (1)    One emergency medical technician certified by the Department of Health or an advanced life support personnel licensed pursuant to chapter 36-4B; and
            (2)    One driver who meets the requirements established by the Department of Health pursuant to rules promulgated pursuant to § 34-11-5.
    Section 2. That § 34-11-5 be amended to read:
    34-11-5. The Department of Health may adopt rules, pursuant to chapter 1-26, relating to the operation of ambulance services including patient care, personnel, medical and maintenance equipment, sanitary conditions, and necessary supplies. Each operator shall comply with all rules established pursuant to this section by the licensing agency unless exempted due to extreme hardship as determined by departmental rule.
    Section 3. That ARSD 44:05:02:03 be repealed.
    44:05:02:03. Application for ground ambulance hardship exemption. Ground ambulance licensees applying for a hardship exemption must use an application provided by the department and include, in writing:
            (1) The statute and rule to which the exemption is requested;
            (2) The reason why the exemption is needed;
            (3) The medical support for the exemption;
            (4) The name of any person to be used as a part of the exemption; and
            (5) A plan to prevent the need for future exemptions.
    Section 4. That ARSD 44:05:02:03.01 be repealed.
    44:05:02:03.01. Public hearing for ground ambulance hardship exemption -- Issuance of temporary exemption without hearing. The department shall conduct a public hearing for each licensee who applies for a hardship exemption. The department shall give 10 days notice of the date, time, and location of the public hearing by publishing notice of the hearing in a newspaper located in or as near as possible to the ordinary place of business of the licensee requesting the exemption. Within 10 days after the public hearing, the department shall either grant or deny the application for the ground ambulance hardship exemption, stating the reasons for its decisions in writing and mailing the applicant a copy of those reasons.
    Upon a showing of exceptional circumstances, the department may grant a nonrenewable temporary hardship exemption for not more than 90 days without a public hearing. The department may revoke a temporary hardship exemption before the expiration of 90 days by mailing to the person or entity that was granted the temporary hardship exemption written notice of revocation, a statement of the reasons for the revocation, and a notice of opportunity for hearing.
    Section 5. That ARSD 44:05:02:03.02 be repealed.
    44:05:02:03.02. Expiration of hardship exemption. Hardship exemptions expire one year after being issued unless revoked earlier by the department for good cause shown and after an opportunity for a hearing.
    Section 6. That ARSD 44:05:03:04 be repealed.
    44:05:03:04. Minimum ambulance personnel required. On every call a licensee must provide a minimum of two EMTs as described in §§ 44:05:03:06.02 and 44:05:03:06.03.