The amendment removes all references to ambulance operators being "certified in accordance with chapter 36-4B" and instead requires them to meet new qualifications outlined in Section 4, which allows operators to either be licensed EMS personnel, firefighters, law enforcement officers, or individuals who complete basic CPR and emergency vehicle operator training—substantially WEAKENING the bill by reducing the certification requirement from a single state licensing standard to multiple alternative pathways including minimal training options.
26.142.13 26.142.14 101st Legislative Session 1024 2026 South Dakota Legislature House Bill 1024 HOUSE HEALTH AND HUMAN SERVICES ENGROSSED Introduced by: Representatives Walburg, Emery, Garcia, Hunt, and Kull and Senators Grove, 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 modify requirements for ambulance operators. 1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 Section 1. That § 32-17-42 be AMENDED: 3 32-17-42. A motor vehicle may be equipped with blue lights if it is: 4 (1) Authorized by the Department of Transportation; 5 (2) A tow truck or wrecker as defined in § 32-17-10; or 6 (3) Operated by: 7 (a) A member of a fire department or search and rescue unit; or 8 (b) An ambulance operator certified in accordance with chapter 36-4B who 9 meets the requirements of section 4 of this Act. 10 This provision does not relieve the driver of the vehicle from the duty to drive with 11 due regard for the safety of all persons using the street, nor does it protect the driver 12 from the consequence of a reckless disregard for the safety of others. 13 No person may use a blue light unless the person is authorized by this chapter and 14 is operating a Department of Transportation vehicle or a county highway vehicle in 15 performance of winter highway maintenance duties, or the person is actually en route to 16 the scene of a fire or other emergency requiring the person's services and the person has 17 been authorized in writing to use a blue light. Authorization for use of a blue light in 18 accordance with this chapter may be given by the Department of Transportation, the 19 highway patrol, a county highway superintendent, the chief of a fire department, the 20 coordinator of a search and rescue unit, or the director of an ambulance service, and only 21 to members of the department or service who are in good standing. 22 The use of a blue light in violation of this section is a Class 2 misdemeanor. 23 Section 2. That § 32-31-4 be AMENDED: 24 26.142.13 2 1024 Underscores indicate new language. Overstrikes indicate deleted language. 32-31-4. The speed limits set forth in §§ 32-25-1.1 to 32-25-17, inclusive, do not 1 apply to any authorized emergency vehicle responding to an emergency call if the driver 26.142.14 2 1024 HB1024 ENROLLED sounds an audible siren or air horn, or both, or displays flashing, oscillating, or rotating 3 beams of red light, or combinations of red, blue, or white light, visible one hundred eighty 4 degrees to the front of the vehicle. The lights must be capable of warning the public of the 5 presence of an emergency vehicle under normal atmospheric conditions. 6 The speed limits set forth in §§ 32-25-1.1 to 32-25-17, inclusive, do not apply to 7 authorized emergency vehicles operated by law enforcement officers who are measuring 8 the speed of other vehicles by use of the emergency vehicle speedometer. 9 An ambulance operator certified pursuant to chapter 36-4B who meets the 10 requirements of section 4 of this Act may operate an ambulance in excess of the speed 11 limit without audible signals while operating outside the city limits of a municipality. 12 Section 3. That § 34-11-12 be AMENDED: 13 34-11-12. Each ambulance run must include: 14 (1) One emergency medical technician or one advanced life support personnel, 15 licensed pursuant to chapter 36-4B; and 16 (2) One ambulance operator certified in accordance with chapter 36-4B who meets the 17 requirements of section 4 of this Act. 18 Section 4. That a NEW SECTION be added to chapter 34-11: 19 An ambulance operator must be eighteen years or older, possess a driver's license, 20 and: 21 (1) Be licensed as emergency medical services personnel in accordance with chapter 22 36-4B; 23 (2) Be a firefighter; 24 (3) Be a law enforcement officer, as defined in § 23-3-27; or 25 (4) Provide documentation to the ambulance service that the individual: 26 (a) Has completed training in cardiopulmonary resuscitation offered by a state 27 or national organization and approved by the medical or program director; 28 and 29 (b) Has completed an emergency vehicle operator course, which consists of at 30 least six hours of instruction, offered by a state or national organization, 31 and approved by the medical or program director. 32 26.142.13 3 1024 Underscores indicate new language. Overstrikes indicate deleted language. The ambulance service shall maintain the documentation required by this section 1 and shall provide it to the department, upon request. 2 Section 5. That § 36-4B-1 be AMENDED: 26.142.14 3 1024 HB1024 ENROLLED 36-4B-1. Terms used in this chapter mean: 4 (1) "Advanced life support," a level of emergency care consisting of basic life support 5 procedures and definitive therapy; 6 (2) "Advanced life support personnel," a person licensed by the board as: 7 (a) An emergency medical technician-intermediate/85; 8 (b) An emergency medical technician-intermediate/99; 9 (c) An advanced emergency medical technician; or 10 (d) A paramedic; 11 (3) "Basic life support personnel," a person licensed by the board as: 12 (a) Certified by the board as an ambulance operator; 13 (b) Licensed by the board as an emergency An emergency medical responder; 14 or 15 (c)(b) Licensed by the board as an emergency (b) An emergency medical technician; 16 (4) "Board," the State Board of Medical and Osteopathic Examiners; 17 (5) "Direct control," real-time communications during an ambulance run between 18 emergency medical services personnel and a physician, physician assistant, or 19 nurse practitioner, licensed in this state; 20 (6) "Emergency medical services," health care provided to a patient by emergency 21 medical services personnel; 22 (7) "Emergency medical services personnel," a person licensed by the board as: 23 (a) An emergency medical responder; 24 (b) An emergency medical technician; 25 (c) An emergency medical technician-intermediate/85; 26 (d) An emergency medical technician-intermediate/99; 27 (e) An advanced emergency medical technician; or 28 (f) A paramedic; and 29 (8) "Indirect control," the establishment and implementation of guidelines, policies, and 30 protocols approved by a physician, physician assistant, or nurse practitioner, 31 licensed in this state. 32 Section 6. That § 36-4B-31 be AMENDED: 33 26.142.13 4 1024 Underscores indicate new language. Overstrikes indicate deleted language. 36-4B-31. The board may deny the issuance or renewal of a license or 1 certification, license, and may suspend or revoke a license or certification issued under this 2 chapter, if the individual: 3 (1) Procures or attempts to procure a license or certification through fraud, deceit, 4 misrepresentation, or in violation of the provisions of this chapter and rules 5 promulgated thereunder; 6 (2) Is unable to perform the skills for which the individual is licensed; 7 (3) Has engaged in unprofessional or dishonorable conduct, as defined in § 36-4-30; 8 26.142.14 4 1024 HB1024 ENROLLED (4) Has been convicted of a felony that: 9 (a) Has a direct bearing upon the individual's ability to serve the public in a 10 capacity certified or licensed by this chapter; or 11 (b) Has been convicted of a crime that requires the individual to register as a 12 sex offender in any state; 13 (5) Has had the individual's National Registry of Emergency Technicians or other health 14 care certification or license encumbered for any reason; 15 (6) Provides emergency medical services without authorization from a physician, 16 physician assistant, or nurse practitioner; or 17 (7) Fails to respond to an emergency while on call through willful disregard and not by 18 a good-faith error or circumstances beyond the individual's control. 19 Section 7. That § 36-4B-35 be AMENDED: 20 36-4B-35. The board shall promulgate rules, pursuant to chapter 1-26, to: 21 (1) Provide for an application form and process for the licensure of emergency medical 22 services personnel and the certification of ambulance operators; 23 personnel; (2) Set forth Establish criteria for educational and training program approval, including 24 instructor qualifications, student acceptance, and clinical requirements; 25 (3) Establish the educational and training requirements, and the National Registry of 26 Emergency Medical Technicians requirements, for applicants seeking licensure as 27 emergency medical services personnel; 28 (4) Provide for the renewal of ambulance operator certification and Establish 29 continuing education requirements for emergency medical services personnel; 30 (5) Establish procedures for the administration of the emergency medical services 31 personnel program; 32 (6) Regulate the professional conduct of emergency medical services personnel and 33 ambulance operators; 34 26.142.13 5 1024 Underscores indicate new language. Overstrikes indicate deleted language. personnel; (7) Establish the educational and training requirements, and conditions for issuance of 1 a critical care endorsement, as provided for in § 36-4B-18.1; 2 (8) Establish the: 3 (a) Educational and training requirements and conditions for issuance of a 4 community paramedic endorsement; and 5 (b) Practice protocols and supervisory requirements for a person with a 6 community paramedic endorsement; and 7 (9) Establish the allowable skills and techniques performed by emergency medical 8 services personnel under direct and indirect control. 9 26.142.14 5 1024 HB1024 ENROLLED Section 8. That § 36-4B-42 be AMENDED: 10 36-4B-42. Any individual licensed or certified in accordance with this chapter must 11 report any of the following occurrences to the board, within thirty days of the date of the 12 occurrence: 13 (1) Conviction or discipline for unprofessional conduct or dishonorable conduct, as 14 defined in § 36-4-30; 15 (2) Any encumbrance of the individual's National Registry of Emergency Medical 16 Technicians or other health care certification or licensure; 17 (3) Hospital disciplinary action implicating the individual; 18 (4) Action affecting the individual's privilege to practice; 19 (5) Judgment or settlement related to the individual's alleged malpractice; and 20 (6) Change in the individual's: 21 (a) Home address; 22 (b) Business address; 23 (c) Home phone number; 24 (d) Work phone number; 25 (e) Email address; or 26 (f) Other information that is used for communicating with the board. 27 Failure to report may constitute a basis for disciplinary action against the individual. 28 Section 9. That § 36-4B-41 be REPEALED. 29 26.142.14 6 1024 HB1024 ENROLLED An Act to modify requirements for ambulance operators. I certify that the attached Act originated in the: House as Bill No. 1024 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. 1024 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The board may issue a certification as an ambulance operator to a person who: 30 (1) Completes an emergency care course attached Act is hereby approved by this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the board; and 31 (2) Applies on a form prescribed by the board. 32 Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State