HB 1274 prohibits the delivery or distribution of abortion-inducing medicine, drugs, or substances into South Dakota for purposes of an illegal abortion, with exceptions for self-administration by a pregnant person, life-saving medical procedures, or miscarriage management. It establishes a Class 6 felony for violating this prohibition, imposes civil penalties up to $10,000 per dose, and allows civil lawsuits for wrongful death of an unborn child by specific parties (e.g., parents, the pregnant person, or their estate). The bill directly affects medical providers, pharmacies, and anyone transporting such substances into the state, while exempting individuals acting in self-defense or under medical necessity. The attorney general may seek injunctions to stop violations and collect civil penalties for deposit into a state fund.
HB 1257 redefines "abortion" in South Dakota law to include any action intending to terminate a pregnancy with knowledge it will likely cause the unborn child's death, while excluding specific medical treatments (like miscarriage care, ectopic pregnancy treatment, or procedures to save the unborn child's life). It requires physicians to determine that a pregnancy poses a "reasonably foreseeable risk of death" to the mother before permitting an abortion, mandates attempts to preserve both lives when possible, and mandates hospital-based reporting to the Department of Health. The bill directly affects pregnant individuals, physicians, and hospitals by setting strict medical criteria for legal abortions and prohibiting abortions based solely on psychological conditions or self-harm fears. It does not criminalize all abortions but creates a narrow exception for life-threatening conditions, with violations classified as Class 6 felonies.
HB 1153 protects healthcare providers' right to refuse participation in or payment for medical services that conflict with their moral, ethical, or religious beliefs (Section 2). It applies broadly to all healthcare professionals (like doctors, nurses, pharmacists), healthcare entities (hospitals, clinics), and organizations arranging medical payments (Section 1). The bill prohibits discrimination against providers who exercise this right, engage in protected speech about it, report violations, or disclose conscience-related concerns to authorities (Section 3). It clarifies that employers may accommodate this right through reassignment or schedule changes but cannot retaliate, while not affecting existing duties to provide non-conflicting care.
HB 1112 modifies South Dakota's definition of "electronic smoking device" to explicitly include any device containing or delivering nicotine (or other substances with nicotine) intended for human consumption. This change clarifies that e-cigarettes, vape pens, e-cigars, and similar devices delivering nicotine fall under the definition, regardless of other substances they may contain. The amendment directly affects tobacco businesses selling these products and enforcement of existing laws regulating electronic smoking devices. The bill does not create new restrictions but ensures the definition aligns with how such devices are commonly used and marketed.
HB 1127 revises South Dakota's regulations for birth centers and certified professional midwives. It requires birth centers to obtain a license from the Department of Health (with a $500 fee), mandates risk assessments to confirm low-risk pregnancies before admission, and requires written care plans addressing each client's medical and emotional needs. The bill also mandates that a practitioner or registered nurse be on-site during active labor and repeals the previous requirement that birth centers be within 30 minutes of a hospital. These changes directly affect birth centers, certified midwives, and patients seeking care at these facilities.
HB 1212 repeals a provision that previously shielded women from criminal liability for unlawful abortions. It removes the exception that prevented homicide charges when an abortion caused an unborn child's death, making such cases subject to standard homicide laws (Class B felony). The bill directly affects women seeking abortions and medical providers performing them, as it eliminates prior legal protections for abortion-related deaths. Exceptions for lifesaving procedures to preserve the mother's life or spontaneous miscarriages remain unchanged.
HB 1085 requires South Dakota health insurers to cover nonopioid prescription drugs for pain treatment when prescribed by a doctor, without denying coverage in favor of opioids. Insurers cannot impose stricter approval steps (like prior authorization) or higher cost-sharing tiers for nonopioid drugs compared to opioids or narcotics. This directly affects patients seeking pain management and insurers operating in South Dakota, ensuring equal coverage treatment for nonopioid options when clinically appropriate. The law applies to all health insurance policies sold or renewed in the state.
