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.
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 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.
