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26.135.13 101st Legislative Session 1023
2026 South Dakota Legislature
House Bill 1023
ENROLLED
AN ACT
ENTITLED An Act to establish requirements and liability protection for registered
nurses and licensed practical nurses serving on ambulance crews.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34-11-2 be AMENDED:
34-11-2. 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, or
authorized by section 3 of this Act, 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 36-4A, 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.
Section 2. That § 34-11-12 be AMENDED:
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HB1023 ENROLLED
34-11-12. Each ambulance run must include:
(1) One:
(a) Emergency medical technician, licensed pursuant to chapter 36-4B;
(b) Advanced life support personnel, licensed pursuant to chapter 36-4B; or
(c) Licensed practical nurse or registered nurse, authorized by section 3 of this
Act; and
(2) One ambulance operator certified in accordance with chapter 36-4B.
Section 3. That a NEW SECTION be added to chapter 34-11:
A registered nurse or licensed practical nurse, licensed pursuant to chapter 36-9,
may be employed by or serve as a volunteer for an ambulance service, provided that the
nurse demonstrates competence in the skills, equipment, and medications used in the
provision of emergency care, as determined and approved by the medical or program
director.
Care provided by a registered nurse or a licensed practical nurse, employed by or
volunteering for an ambulance service, must be within the scope of the nurse's license
and under the direction and supervision of the medical or program director.
Section 4. That a NEW SECTION be added to chapter 34-11:
A registered nurse or licensed practical nurse, authorized by section 3 of this Act,
is not liable for civil damages for any act or omission in connection with care provided on
an ambulance run, unless the act or omission is inconsistent with the nurse's tr aining, or
the act or omission was the result of gross negligence or willful misconduct.
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