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South Dakota Requiring Criminal Background Checks for Specific Healthcare Employees

The state's new law applies to namely those providing emergency and ambulatory medical services

Enacted on March 8, 2022 the new South Dakota law mandates that criminal background checks are required for:

  • ambulatory service employees;
  • emergency medical technicians; and
  • advanced life support personnel.

South Dakota Legislature House Bill 1122 (H.B. 1122) requires that each applicant for certification/licensure for any of the aforementioned positions must submit to a state and federal criminal background check, to be conducted via fingerprint collection. The applicant's fingerprints are to be submitted to the Division of Criminal Investigation (Division) to conduct a criminal background check by both the Division and the FBI. Applicants will be required to sign a release of information to the South Dakota Board of Medical and Osteopathic Examiners (Board) and pay any fees associated with the fingerprint collection and/or background check process.

Once the check is completed, results will be delivered to the Board. The Board will then utilize this information to make a determination regarding the applicant's certification/licensure status. Licenses and/or certifications may not be issued to an applicant prior to the Board reviewing the applicant's criminal record history and rendering a decision.

Employers are encouraged to review the details involved with H.B. 1122 and ensure that internal background checks processes are adjusted accordingly. For Certiphi clients that have questions or concerns regarding the terms of this new bill, please contact client services or your account management team.

Posted: March 28, 2022


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This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.

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