CHAPTER 34-11
AMBULANCE SERVICE
34-11-1 Ambulance services--Authority to provide.
34-11-2 Definitions.
34-11-3 Licensure requirement--Application--Fee--Promulgation of rules--Expiration.
34-11-4 Repealed.
34-11-5 Licensure and operation of ambulance--Promulgation of rules.
34-11-5.1 Patient information confidential.
34-11-5.2 Repealed.
34-11-6 Repealed.
34-11-6.1 Repealed.
34-11-6.2 Repealed.
34-11-6.3 Repealed.
34-11-6.4 Repealed.
34-11-6.5 Repealed.
34-11-7 Trip records--Required submission--Content--Promulgation of rules.
34-11-8 Inspection.
34-11-9 Exemptions from license requirements.
34-11-10 Repealed.
34-11-11 Development of quality assurance program for advanced life support providers--Requirements--Reviews--Reports.
34-11-12 Minimum personnel required on ambulance run.
34-11-12.1 Medical director required--Hardship exception.
34-11-12.2 Hardship exception--Program director--Procedure--Duration--Appeal--Promulgation of rules--Publication.
34-11-13 Repealed.
34-11-14 Repealed.
34-11-15 Air ambulance operator--Use of ground ambulance service.
34-11-16 Air ambulance operator--Healthcare facility transfer--Conditions for ground ambulance use.
34-11-17 Adverse action by department.
34-11-18 Adverse action by department--Appeal.
34-11-1. Ambulance services--Authority to provide.
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.
Source: SL 1967, ch 23, § 1; SL 1968, ch 24, § 1; SL 1992, ch 240, § 1; SL 2024, ch 126, § 2.
34-11-2. Definitions.
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 § 34-11-12.2 and is responsible for providing supervision and direction to an ambulance service in place of a medical director.
Source: SL 1974, ch 239, § 1; SL 1989, ch 287, § 1; SL 1992, ch 240, § 2; SL 2004, ch 17, § 199; SL 2015, ch 277 (Ex. Ord. 15-1), § 33, eff. Apr. 20, 2015; SL 2017, ch 148, § 1; SL 2022, ch 102, § 3; SL 2022, ch 145, § 4; SL 2024, ch 126, § 3.
34-11-3. Licensure requirement--Application--Fee--Promulgation of rules--Expiration.
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.
Source: SL 1974, ch 239, § 3; SL 2024, ch 126, § 4.
34-11-5. Licensure and operation of ambulance--Promulgation of rules.
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.
Source: SL 1974, ch 239, §§ 2, 4 (3); SL 1980, ch 238, § 3; SL 1992, ch 240, § 3; SL 2004, ch 17, § 200; SL 2015, ch 277 (Ex. Ord. 15-1), § 33, eff. Apr. 20, 2015; SL 2016, ch 170, § 2; SL 2024, ch 126, § 7.
34-11-5.1. Patient information confidential.
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.
Source: SL 1999, ch 169, § 1; SL 2024, ch 126, § 8.
34-11-6. Repealed.
Source: SL 1974, ch 239, § 4 (2); SL 1992, ch 240, § 4; SL 2004, ch 17, § 201; SL 2015, ch 277 (Ex. Ord. 15-1), § 33, eff. Apr. 20, 2015; SL 2024, ch 126, § 18.
34-11-6.1. Repealed.
Source: SL 2003, ch 178, § 1; SL 2004, ch 17, § 202; SL 2006, ch 178, § 1; SL 2015, ch 277 (Ex. Ord. 15-1), § 33, eff. Apr. 20, 2015; SL 2024, ch 126, § 19.
34-11-6.2. Repealed.
Source: SL 2003, ch 178, § 2; SL 2004, ch 17, § 203; SL 2015, ch 277 (Ex. Ord. 15-1), § 33, eff. Apr. 20, 2015; SL 2024, ch 126, § 20.
34-11-6.3. Repealed.
Source: SL 2003, ch 178, § 3; SL 2004, ch 17, § 204; SL 2015, ch 277 (Ex. Ord. 15-1), § 33, eff. Apr. 20, 2015; SL 2024, ch 126, § 21.
34-11-6.4. Repealed.
Source: SL 2003, ch 178, § 4; SL 2004, ch 17, § 205; SL 2015, ch 277 (Ex. Ord. 15-1), § 33, eff. Apr. 20, 2015; SL 2024, ch 126, § 22.
34-11-7. Trip records--Required submission--Content--Promulgation of rules.
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.
Source: SL 1974, ch 239, § 4 (1); SL 1992, ch 240, § 5; SL 2024, ch 126, § 9.
34-11-8. Inspection.
The department may inspect an ambulance service for compliance with this chapter.
Source: SL 1974, ch 239, § 2; SL 2004, ch 17, § 206; SL 2015, ch 277 (Ex. Ord. 15-1), § 33, eff. Apr. 20, 2015; SL 2024, ch 126, § 10.
34-11-9. Exemptions from license requirements.
The following are exempt from the provisions of §§ 34-11-2 to 34-11-8, inclusive:
(1) The occasional use of a privately owned vehicle or aircraft, not ordinarily used in the business of providing ambulance service or operating under the provisions of § 32-34-3;
(2) A vehicle that provides ambulance services following a disaster or emergency, if ambulances based in the area are unable to provide the necessary services;
(3) An ambulance service based outside of this state, unless the service is receiving a patient in this state and providing medical transportation to another location in this state;
(4) A vehicle owned and operated by a rescue squad, provided the vehicle is not regularly used as an ambulance outside of rescue operations;
(5) An ambulance owned and operated by the federal government; and
(6) A vehicle used to provide coach service, by prior appointment, for persons who require non-emergency medical transportation.
Source: SL 1974, ch 239, § 6; SL 1982, ch 259, § 33; SL 1989, ch 287, § 2; SL 1992, ch 240, § 6; SL 2024, ch 126, § 13.
34-11-11. Development of quality assurance program for advanced life support providers--Requirements--Reviews--Reports.
Any ambulance service that provides advanced life support, as defined in § 36-4B-1, shall implement a quality assurance program that provides for chart review of all patient care provided by the ambulance service.
Source: SL 2003, ch 179, § 1; SL 2004, ch 17, § 207; SL 2015, ch 277 (Ex. Ord. 15-1), § 33, eff. Apr. 20, 2015; SL 2024, ch 126, § 14.
34-11-12. Minimum personnel required on ambulance run.
Each ambulance run must include:
(1) One emergency medical technician or one advanced life support personnel, licensed pursuant to chapter 36-4B; and
(2) One driver certified in accordance with chapter 36-4B.
Source: SL 2016, ch 170, § 1; SL 2024, ch 126, § 15.
34-11-12.1. Medical director required--Hardship exception.
An ambulance service licensed pursuant to this chapter must have a medical director, unless the ambulance service is granted a hardship exemption pursuant to § 34-11-12.2.
Source: SL 2024, ch 126, § 5.
34-11-12.2. Hardship exception--Program director--Procedure--Duration--Appeal--Promulgation of rules--Publication.
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.
Source: SL 2024, ch 126, § 6.
34-11-15. Air ambulance operator--Use of ground ambulance service.
An air ambulance operator may use a ground ambulance to transport a patient between:
(1) An acute care hospital and the airport at which the service maintains its ordinary and usual place of business; and
(2) The airport at which the air ambulance operator maintains its ordinary and usual place of business and an acute care hospital.
Source: SL 2024, ch 127, § 1.
34-11-16. Air ambulance operator--Healthcare facility transfer--Conditions for ground ambulance use.
An air ambulance operator may utilize the operator's ground ambulance for the transfer of a patient from one healthcare facility to another healthcare facility if:
(1) The patient's attending medical practitioner determines that the patient requires a level of care that is not available without a transfer; and
(2) The operator is unable to use the operator's air ambulance to transport the patient due to:
(a) Mechanical problems; or
(b) Inclement weather conditions.
Source: SL 2024, ch 127, § 2.
34-11-17. Adverse action by department.
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.
Source: SL 2024, ch 126, § 11.