HB 1139 South Dakota House · 2025 Regular Session

allow individualized investigative treatments for patients with life-threatening or debilitating diseases or conditions.

This bill allows law enforcement to provide individualized investigative treatments to patients suffering from life-threatening or debilitating diseases or conditions. The key provision permits officers to use force or specific investigative methods tailored to the patient's medical needs rather than applying standard procedures. It directly affects police officers and individuals with serious health conditions who may require specialized handling during investigations. The legislation aims to ensure that medical circumstances are considered when determining appropriate investigative responses.
Bill status signed all 5 stages cleared
Introduction
Feb 2025
Committee Review
Mar 2025
House Passage
Feb 2025
Senate Passage
Mar 2025
Signed into Law
Mar 2025
Introduced Feb 13, 2025 Signed Mar 31, 2025
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What changed between versions

Introduced Enrolled · 6 edits · Mar 10, 2025
MODERATE
This bill enrolls House Bill 1139, which establishes a legal framework for providing individualized investigative treatments to patients with life-threatening or debilitating conditions. The bill defines key terms like 'eligible patient' and 'individualized investigative treatment,' outlines informed consent requirements, and provides protections for physicians and patients regarding insurance coverage and liability.
Scope change
The bill expands South Dakota law to allow access to investigational treatments that are unique to individual patients based on their genetic profiles, previously not explicitly authorized under state law.
DEFINITION

Added new definitions for 'eligible facility,' 'eligible patient,' 'general investigative treatment,' 'individualized investigative treatment,' and 'physician' to clarify who can access these treatments.

ELIGIBILITY

Established specific criteria for patient eligibility including having a life-threatening condition, considering all FDA-approved options, receiving physician recommendation, and providing informed consent.

REQUIREMENT

Created detailed informed consent requirements including written documentation explaining current treatment options, potential outcomes, insurance implications, and hospice care considerations.

Established that manufacturers cannot seek reimbursement from patient estates if the patient dies while receiving the treatment.

FISCAL

Clarified that patient health insurance is not obligated to pay for these treatments and patients are liable for all associated expenses.

ENFORCEMENT

Added protections preventing license revocation for physicians recommending these treatments and prohibiting state officials from blocking patient access.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
15
Key actions
9
Committee
3
Mar 31, 2025
Signed into law
Signed by the Governor on 2025-03-31 H.J. 554
executive
Mar 11, 2025
Upper · Passed
Signed by the President S.J. 512
upper
Mar 10, 2025
Upper · Passed
Signed by the Speaker H.J. 510
upper
Mar 6, 2025
Upper · Passed
Senate Do Pass , Passed, YEAS 34, NAYS 0 S.J. 471
upper
Mar 5, 2025
Upper · Passed
Certified uncontested, placed on consent , Passed,
upper
Mar 5, 2025
Upper · Passed
Health and Human Services Do Pass , Passed, YEAS 7, NAYS 0
upper
Feb 13, 2025
Introduced
First read in Senate and referred to S.J. 267
upper
Feb 12, 2025
Lower · Passed
House of Representatives Do Pass , Passed, YEAS 68, NAYS 0 H.J. 269
lower
Feb 11, 2025
Lower · Passed
Certified uncontested, placed on consent , Passed,
lower
Feb 11, 2025
Lower · Passed
Health and Human Services Do Pass , Passed, YEAS 13, NAYS 0
lower
Feb 3, 2025
Committee
Referred to H.J. 171
lower
10 primary · 0 co-sponsors

Sponsors