HB 1138 requires non-medical home care agencies in South Dakota to obtain a license from the Department of Health before operating. Agencies must submit applications, pay a fee (capped at $100), and verify that home care aides complete 10 hours of mandatory training (covering dementia care, safety, nutrition, and abuse reporting) and pass criminal background checks. The bill directly affects home care agencies, their employees (home care aides), and clients receiving services like bathing assistance, meal prep, or companionship in their homes. Operating without a license is a Class 1 misdemeanor, and agencies must maintain client records and allow department inspections.
This bill creates a taskforce to study how South Dakota could establish Medicaid managed care entities specifically serving tribal communities, as defined under federal law. The taskforce includes representatives from all federally recognized South Dakota tribes, state health and social services agencies, healthcare providers, insurance companies, and tribal relations officials. It must gather input from stakeholders and submit findings and potential legislation to the Governor by December 2028. The bill does not implement new programs but sets a process for evaluating this option.
HB 1099 would reclassify FDA-approved psilocybin medications from Schedule I to Schedule IV under South Dakota law. This change would allow medical providers to prescribe these specific pharmaceutical products without the strict restrictions currently applied to Schedule I substances. The bill specifically affects only psilocybin in drug products approved by the FDA, not raw psilocybin or unapproved formulations. This amendment aligns South Dakota's scheduling with federal approval status for medical use.
HB 1164 makes it a Class 5 felony for licensed healthcare providers to use reproductive material (like sperm or eggs) without a patient’s written consent during assisted reproduction procedures (e.g., IVF). It directly affects healthcare providers, patients, donors, and children born from such procedures. The bill establishes civil liability, allowing patients, spouses, intended parents, children, or donors to sue for $10,000 in liquidated damages plus other costs and attorney fees. Lawsuits must be filed within five years of the child’s 18th birthday or when evidence (like DNA results) is discovered.
HB 1160 repeals the legal requirement for a medical marijuana oversight committee in South Dakota. The bill ends a committee that was mandated to meet twice yearly to evaluate the medical cannabis program, including patient access, dispensary operations, testing facilities, and regulatory safeguards. This change removes the committee's structure and duties, which included making recommendations to the legislature about the program's effectiveness and regulations. The repeal applies to the medical cannabis program established under existing law.
HB 1143 allows students with diabetes to possess and self-administer nasal glucagon (a medication for severe low blood sugar) on school property or at school events. It directly affects students diagnosed with diabetes who require this specific treatment. The bill requires a licensed healthcare provider’s diagnosis, written parent authorization, and a physician’s statement detailing the medication’s purpose, dosage, and administration guidelines to be kept on file at the school. Schools must maintain these documents in the student’s health record or with the school nurse. This change expands existing provisions for asthma and anaphylaxis medications to include nasal glucagon for diabetes management.
South Dakota would join the Physician Assistant Licensure Compact, allowing physician assistants (PAs) licensed in other participating states to practice in South Dakota without obtaining a separate state license. This directly affects PAs - especially active-duty military personnel and their spouses - who can use their existing license from another participating state to practice in South Dakota. The key mechanism is the "Compact Privilege," which permits PAs to provide medical services where the patient is located, while maintaining patient safety through existing state licensing board oversight. This reduces licensing barriers for PAs and improves access to medical care across state lines.
South Dakota's SB 87 ensures counties cover the full cost of forensic medical examinations for victims of sexual assault or rape, eliminating out-of-pocket expenses for victims. The bill specifies covered costs include physician services, necessary tests (like STD screenings and pregnancy tests), supplies, and medications, with payments capped at Medicaid rates. It allows minors aged 16+ to consent to exams without parental permission and permits exams for protected persons without guardian consent, provided informed consent is obtained. Hospitals and clinics cannot bill victims beyond these Medicaid-based limits, and must notify victims of their no-cost access regardless of cooperation with law enforcement.
SB 220 directs South Dakota's Department of Corrections to conduct a study evaluating juvenile correctional and residential facilities. The study must examine best practices, therapeutic housing models, vocational training combined with mental health services, and staff-to-youth ratios, including inspections at three facilities outside South Dakota. The bill appropriates $50,000 from the general fund to cover study costs and requires a written report to the Legislative Research Council by September 1, 2026. This is a procedural study bill with no direct policy changes or new requirements for facilities, solely aimed at gathering information for future decisions.
HB 1013 clarifies the specific purposes for which certain DUI offenders in South Dakota may operate a motor vehicle during a license revocation period. The bill explicitly permits driving for employment, school attendance, child care, health appointments, court/probation meetings, and treatment programs, provided the offender proves financial responsibility. It applies to individuals convicted of DUI-related offenses (listed in the bill) whose licenses are revoked for 90 days (first offense) or one year (subsequent offenses), ensuring courts can issue clear temporary driving permissions.
