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.
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 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.
SB 211 prohibits ambulance providers from billing patients for out-of-network emergency services beyond required coinsurance, copayments, or deductibles. It requires health insurance plans to reimburse out-of-network ambulance providers at local rates (or 325% of Medicare rates if no local rate exists) within 30 days, and mandates clear billing explanations for patients. The law also establishes a complaint process through the Division of Insurance for violations and requires the division to post reimbursement rates online by 2027. It excludes self-funded employer plans, Medicaid, Medicare, and other federally regulated programs from these rules.
