The physician or other licensed practitioner on duty or on call at a hospital shall determine whether the individual requires emergency hospital care. The need for emergency hospital care is established when the absence of emergency care could be expected to result in one of the following:

1. (1) Death;
2. (2) Additional serious jeopardy to the individual's health;
3. (3) Serious impairment to the individual's bodily functions; or

4. (4) Serious dysfunction of any bodily organ or part.

   Emergency hospital service does not include that care for which treatment is available and routinely provided in a clinic or physician or other licensed practitioner's office.

Source: 20 SDR 135, effective February 22, 1994; 44 SDR 94, effective December 4, 2017.

General Authority: SDCL 28-6-1 (1) .

Law Implemented: SDCL 28-6-1 (1) .

Prior versions effective: 1994-02-22.