This amendment converts the bill from its engrossed (committee) version to its enrolled (final passed) version by removing all markup language and procedural headers, and making one substantive correction to a statute citation (changing "34-23 11-12.2" to "34-11-12.2") to fix what appears to be a drafting error. The change STRENGTHENS the bill by ensuring the correct legal reference for program director authorization.
26.135.12 26.135.13 101st Legislative Session 1023 2026 South Dakota Legislature House Bill 1023 HOUSE HEALTH AND HUMAN SERVICES ENGROSSED Introduced by: Representatives Walburg, Emery, Garcia, Hunt, and Kull and Senators Grove, Jensen (Kevin), Reed, and Voight at the request of the Study Committee on Emergency Medical Services Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to establish requirements and liability protection for registered nurses and 1 licensed practical nurses serving on ambulance crews. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 34-11-2 be AMENDED: 4 34-11-2. Terms used in this chapter mean: 5 (1) "Ambulance," a vehicle that has a driver compartment and a patient compartment, 6 and carries the equipment and supplies needed for the provision of emergency 7 care, by personnel licensed or certified in accordance with chapter 36-4B, or 8 authorized by section 3 of this Act, at the scene of and enroute from an emergency; 9 (2) "Ambulance service," any person or organization that is licensed by the department 10 to provide: 11 (a) Emergency medical services at the scene of and enroute from an 12 emergency; 13 (b) Transportation of a patient from a medical facility to another medical 14 facility; 15 (c) Transportation of a patient from a medical facility to a non-medical facility; 16 and 17 (d) Transportation of a patient from a non-medical facility to a medical facility; 18 (3) "Department," the Department of Health; 19 (4) "Medical director," a physician licensed pursuant to chapter 36-4 who is responsible 20 for providing medical supervision and direction to an ambulance service; and 21 (5) "Program director," a physician assistant licensed pursuant to chapter 36-4A, or a 22 nurse practitioner licensed pursuant to chapter 36-9A, who is authorized by § 34-23 11-12.2 34-11-12.2 and is responsible for providing supervision and direction to an ambulance 24 service in place of a medical director. 25 26.135.12 2 1023 Underscores indicate new language. Overstrikes indicate deleted language. Section 2. That § 34-11-12 be AMENDED: 1 26.135.13 2 1023 HB1023 ENROLLED 34-11-12. Each ambulance run must include: 2 (1) One emergency: 3 One: (a) Emergency medical technician or one advanced, technician, licensed pursuant to 4 chapter 36-4B; 5 (b) Advanced life support personnel, licensed pursuant to chapter 36-4B; or 6 (c) Licensed practical nurse or registered nurse, authorized by section 3 of this 7 Act; and 8 (2) One ambulance operator certified in accordance with chapter 36-4B. 9 Section 3. That a NEW SECTION be added to chapter 34-11: 10 A registered nurse or licensed practical nurse, licensed pursuant to chapter 36-9, 11 may be employed by or serve as a volunteer for an ambulance service, provided that the 12 nurse demonstrates competence in the skills, equipment, and medications used in the 13 provision of emergency care, as determined and approved by the medical or program 14 director. 15 Care provided by a registered nurse or a licensed practical nurse, employed by or 16 volunteering for an ambulance service, must be within the scope of the nurse's license 17 and under the direction and supervision of the medical or program director. 18 Section 4. That a NEW SECTION be added to chapter 34-11: 19 A registered nurse or licensed practical nurse, authorized by section 3 of this Act, 20 is not liable for civil damages for any act or omission in connection with care provided on 21 an ambulance run, unless the act or omission is inconsistent with the nurse's training, or 22 the act or omission was the result of gross negligence or willful misconduct. 23 26.135.13 3 1023 HB1023 ENROLLED An Act to establish requirements and liability protection for registered nurses and licensed practical nurses serving on ambulance crews. I certify that the attached Act originated in the: House as Bill No. 1023 Chief Clerk of the House Speaker of the House Attest: Chief Clerk of the House President of the Senate Attest: Secretary of the Senate House Bill No. 1023 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State