HB 1299 allows small lodging establishments (with 15 or fewer sleeping rooms) to apply for a permit to use biological filtration systems in their water recreational facilities, such as pools or spas. These systems filter water naturally using plants, beneficial bacteria, and microbes - without relying on continuous chemical disinfectants - to meet public health and safety standards. To obtain a permit, establishments must submit proof the system meets water quality requirements, pay a $50 fee, and undergo annual department inspections. If an inspection fails, the permit is revoked, and reapplication is barred for one year. The bill requires the department to establish rules for applications, maintenance, and testing procedures.
SB 89 requires all South Dakota counties and municipalities to ensure a minimum level of emergency medical services (including response times, staffing, and treatment protocols) are available within their boundaries for prehospital care. It directs the state health department to create rules defining these minimum standards, covering aspects like ambulance response and required personnel. The bill also establishes a legislative task force to study funding mechanisms for these services and report recommendations by November 2026. The law would take effect on July 1, 2028, impacting local governments responsible for emergency medical service provision.
HB 1148 adopts the Respiratory Care Interstate Compact, allowing respiratory therapists licensed in South Dakota to practice in other participating states without obtaining separate licenses. The bill also requires respiratory care practitioners to undergo a criminal background check and submit fingerprints as part of their South Dakota licensure application. This compact aims to increase access to respiratory therapy services, support military families by easing relocation for therapists, and address workforce shortages through streamlined interstate practice. It preserves each state’s authority to regulate licensure and protect public health while creating a standardized process for therapists moving across state lines.
HB 1149 adopts the Athletic Trainer Licensure Compact, allowing South Dakota to join a multi-state agreement that enables licensed athletic trainers from participating states to practice in South Dakota without obtaining a separate license. The bill requires athletic trainers seeking to practice under the compact to undergo a fingerprint-based criminal background check (paid by the trainer) and establishes mutual recognition of licenses across member states. Key provisions include reducing administrative burdens for trainers, improving access to athletic care through streamlined interstate practice, and ensuring states maintain authority to regulate practice within their borders. This directly affects athletic trainers seeking to work across state lines and patients in South Dakota who may access care from out-of-state professionals.
HB 1140 allows South Dakota courts to require defendants on probation or parole to complete treatment at nonprofit organizations that have received state grants for "alternative care programs," specifically for individuals convicted of repeat DUI/DWI offenses. The bill adds this option as a condition of probation (under § 23A-27-18.3), requiring the defendant’s consent, program availability, and pre-sentencing application approval. It directly affects individuals convicted of third or fourth DUI/DWI offenses who are on probation or parole, offering an alternative to jail time through treatment. The law modifies driver’s license revocation rules (§ 32-23-4 and 32-23-4.6), allowing courts to permit limited driving (e.g., for work or treatment) upon successful completion of such programs. This creates a concrete pathway for court-mandated treatment instead of incarceration for eligible offenders.
HB 1183 revises South Dakota's law granting immunity from prosecution for drug possession charges after an overdose. It directly affects individuals experiencing a drug-related overdose who contact emergency services for medical help. The key change specifies that immunity only applies if the evidence used for any charges stems from the overdose event itself and the need for medical assistance. This clarifies eligibility for the existing immunity provision, requiring that the evidence leading to prosecution originated during the overdose situation. The bill does not expand immunity but refines the conditions under which it applies.
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.
