CHAPTER 178

(HB 1017)

Ambulance service personnel, certification requirements revised.

         ENTITLED, An Act to  revise certain provisions related to ambulance service personnel certification.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That chapter 34-11 be amended by adding thereto a NEW SECTION to read as follows:

     The Department of Health may deny the issuance or renewal of a certification or suspend or revoke the certification of any driver or attendant certified pursuant to §  34-11-6 upon satisfactory proof of such person's gross incompetence, or unprofessional or dishonorable conduct. For the purposes of this section, the Department of Health shall define, in rules pursuant to chapter 1-26, the terms, gross incompetence, unprofessional conduct, and dishonorable conduct.

     Section  2.  That chapter 34-11 be amended by adding thereto a NEW SECTION to read as follows:

     Any party feeling aggrieved by any act, ruling, or decision of the Department of Health acting pursuant to section 1 of this Act may appeal such act, ruling, or decision under the provisions of chapter 1-26.

     Section  3.  That chapter 34-11 be amended by adding thereto a NEW SECTION to read as follows:

     If a person holding a certification pursuant to §  34-11-6 is adjudged to be mentally incompetent by final order or adjudication of a court of competent jurisdiction, the Department of Health shall suspend such person's certification pursuant to chapter 1-26. The suspension shall continue until the person holding the certification is found or adjudged by such court to be restored to reason. The Department of Health may establish, by rules promulgated pursuant to chapter 1-26, probationary conditions that it deems necessary for the best interest of the person holding the certification.

     Section  4.  That chapter 34-11 be amended by adding thereto a NEW SECTION to read as follows:

     Upon application, the Department of Health may reissue a certification issued pursuant to §  34- 11-6 that has been cancelled, suspended, or revoked. A reissuance of a certification that has been cancelled, suspended, or revoked may not be made prior to one year after the cancellation, suspension, or revocation. The Department of Health may, by rules promulgated pursuant to

chapter 1-26, provide for the manner, form, and condition for the reissuance of any certification pursuant to this section.

     Signed February 11, 2003.

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