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House passes emergency fix to clarify EMS supervision rule, restores $50 fee

2150066 · January 23, 2025
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Summary

The House unanimously approved House Bill 1014 to reverse an unintended July 1, 2024 change that could have criminalized unsupervised lifesaving care by emergency personnel and to reinstate a $50 licensing fee; the bill passed with the two-thirds emergency clause vote.

The South Dakota House on Jan. 8 passed House Bill 1014, an agency bill intended to correct an unintended change in codified law that took effect July 1, 2024. The bill passed with the emergency clause, requiring and receiving a two-thirds vote from the House.

Representative Manhart, sponsor of the bill, told colleagues the prior statutory language, enacted last year, created an oversight that could have made it illegal for emergency medical services personnel and other first responders to provide immediate lifesaving care if they were not formally "under supervision." "This was an oversight," Manhart said. "Basically what has resulted now is if emergency services, first responder personnel were to show up and were to deliver immediate life saving care, and they were not under supervision, they would be breaking the law."

Manhart said HB 1014 would revert the rule to its previous form to avoid penalizing front-line responders and would reinstate a licensing fee of $50 that had been omitted. He and other supporters argued the change is particularly important for small and volunteer departments that cannot easily hire supervisors.

Because the bill includes an emergency clause, it required a two-thirds affirmative vote of the chamber to take effect immediately. After debate the clerk reported the result: "There were aye 66. Excused 3." The House declared House Bill 1014 passed with the emergency clause and the title was deemed correct.

The bill was described on the floor as an administrative correction to carry statutory language back to the prior standard so that first responders can continue providing immediate care without risking a statutory violation. No amendments were recorded on the floor during final passage.