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 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.
SB 181 would end South Dakota's medical cannabis program if the federal government reclassifies cannabis as a Schedule III drug under federal law. It specifically repeals the state's medical cannabis chapter (Chapter 34-20G) upon confirmation by the attorney general that the U.S. Food and Drug Administration has made this federal change. The law requires the Department of Health to notify all current medical cannabis cardholders and licensed businesses about the repeal and its effective date. This change only affects South Dakota's medical cannabis program and would not impact recreational cannabis laws or other state regulations.
SB 194 limits THC potency in medical cannabis products sold at South Dakota dispensaries. It prohibits dispensaries from selling cannabis flower with over 30% THC, liquid concentrates over 60% THC, edibles exceeding 5mg THC per serving or 100mg per container, and cannabis oil over 5% THC. These specific THC thresholds apply directly to products sold at licensed medical dispensaries. The bill aims to restrict the strength of cannabis products available through the state's medical program.
SB 104 requires South Dakota's Medicaid program to reimburse licensed therapists for equine-assisted therapy. The bill mandates reimbursement for physical therapists, occupational therapists, or speech-language pathologists who provide therapy using horse-human interactions to help patients meet treatment goals. This applies to Medicaid recipients and requires the state to submit a federal plan amendment by August 1, 2026, to implement the coverage. The law specifically defines "therapy using equine movement" as therapeutic activities leveraging horse interactions to achieve clinical objectives.
