# Title 23 — Health and Safety

## Chapter 23-46 — Emergency Medical Services

### § 23-46-01. Definitions.

For purposes of this chapter:
1. "Emergency medical services funding area" means a geographic area eligible for state
assistance and includes one or more licensed ambulance operations.
2. "Minimum reasonable cost" means the cost of operating one transporting ambulance
service or the sum of the cost to operate one transporting ambulance service and any
combination of one substation and one quick response unit.
3. "Required local matching funds" means revenue generated by the provision of
emergency medical services, local mill levies, local sales tax, local donations, and
in-kind donations of services.
### § 23-46-02. Emergency medical services advisory council.

1. The department of health and human services shall establish an emergency medical
services advisory council.
2. The council must include:
a. At least three representatives appointed by an emergency medical services
organization;
b. One individual to represent basic life support, appointed by the commissioner of
the department of health and human services or designee;
c. One individual to represent advanced life support, appointed by the commissioner
of the department of health and human services or designee; and
d. Other members designated by the commissioner of the department of health and
human services or designee, not to exceed a total of fourteen members.
3. The department of health and human services shall consider the recommendations of
the council on:
a. The plan for integrated emergency medical services in the state;
b. Development of emergency medical services funding areas;
c. Development of the emergency medical services funding areas application
process and budget criteria; and
d. Other issues relating to emergency medical services as determined by the
commissioner of the department of health and human services or designee or the
state health officer.
4. Council members are entitled to reimbursement for expenses in the manner provided
in section 44-08-04. The department of health and human services shall establish by
policy the length of terms and the method for rotation of membership.
### § 23-46-03. Emergency medical services funding areas.

The department of health and human services shall establish and update biennially a plan
for integrated emergency medical services in this state. The plan must identify ambulance
operations areas, emergency medical services funding areas that require state financial
assistance to operate a minimally reasonable level of emergency medical services, and a
minimum reasonable cost for an emergency medical services operation. The department shall
designate emergency medical services funding areas based on criteria adopted by rule of the
department of health and human services.
### § 23-46-04. State financial assistance for emergency medical services - Confidential

information - Annual allocation.
Emergency medical services operations that request financial assistance from the state
must provide requested fiscal information to the department of health and human services for
use in financial assistance determinations. All information provided to the department under this
section is confidential. The department of health and human services shall determine annually
the allocation amount of state financial assistance for each emergency medical services funding

area based on the department's determination of the minimum annual funding necessary to
operate the emergency medical services operation or service designated to operate in the
ambulance funding area, based on the financial needs unique to each emergency medical
services funding area. For emergency medical service operations subject to section 23-27-07,
after June 30, 2025, financial assistance provided by this section must be distributed to the
political subdivision having ownership of the licensed ambulance service or the political
subdivision responsible for the emergency medical service program for the service area.
### § 23-46-05. State financial assistance for emergency medical services - Distribution

limit.
Repealed by S.L. 2013, ch. 35, § 10.
