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1 | South Dakota State Medical Association | |||||||||||||||||||||||||
2 | Legislation from 101st Legislature, 2026 | |||||||||||||||||||||||||
3 | Bill # | Sponsor | Bill Name | Description | Committee | Status | Position | Notes | ||||||||||||||||||
4 | HB 1006 | Mortenson | Create a taskforce to study the creation of Indian medicaid managed care entities in the state. | Establishes an Indian Managed Care Model taskforce to study the creation of Indian medicaid managed care entities, and includes criteria for participant representation on the task force. | House Health & Human Services | Passed House Health, 12-1: 1/29/26 Passed House of Representatives, 60-7: 2/3/26 | Monitor | |||||||||||||||||||
5 | HB 1010 | Shorma | Modify requirements regarding the use of a mobile electronic device while operating a motor vehicle. | Updates statute to exempt from penalty the use of mobile electronic devices while driving in certain circumstances. | House Transportation | Passed House Transportation, 8-2: 2/12/26 | Monitor | *Bill amended to remove the exception for use while driving agricultural equipment that cannot exceed 25 mph. | ||||||||||||||||||
6 | HB 1016 | Health & Human Services Committee | Modify provisions related to the controlled substances schedule and to declare an emergency. | Annual bill to update the current list of substances on the controlled substances list. | Senate Health & Human Services | Passed House Health, 13-0: 1/20/26 Passed House of Representatives, 61-7: 1/21/26 Passed Senate Health, 7-0: 1/28/26 Passed Senate, 34-0: 2/2/26 | Support | |||||||||||||||||||
7 | HB 1029 | Health & Human Services Committee | Revise provisions related to the practice of addiction counseling and prevention services. | Updates statutory language and creates permissive language for the South Dakota Board of Addiction and Prevention Professionals for management purposes and rules promulgation. | Senate Health & Human Services | Passed House Health, 9-4: 1/22/26 Passed House of Representatives, 54-13: 1/26/26 Passed Senate Health, 7-0: 2/4/26 Passed Senate 32-2: 2/5/26 | Monitor | |||||||||||||||||||
8 | HB 1043 | Appropriations Committee | Make an appropriation to reimburse health care professionals who have complied with the requirements for rural recruitment assistance programs, and to declare an emergency. | Authorizes the disbursement of general funds to four physicians, among others, who have met criteria for recruitment assistance. | Joint Committee on Appropriations | Passed Joint Appropriations, 18-0: 2/9/26 Passed House of Representatives, 63-3: 2/10/26 Passed Senate, 33-0: 2/12/26 | Support | |||||||||||||||||||
9 | HB 1056 | Rehfeldt | Require that the Department of Social Services submit a federal waiver request to exclude soft drinks from the supplemental nutrition assistance program. | Directs SDDOH to request a waiver to US Department of Agriculture to exclude soft drinks from the definition of eligible foods for SNAP. The deadline to submit the request is 9/1/26 and the implementation deadline is six months after the request is approved. | Senate Health & Human Services | Passed House Health, 11-2: 2/3/26 Passed House of Representatives, 58-11: 2/4/26 Passed Senate Health, 5-2: 2/11/26 | Support | |||||||||||||||||||
10 | HB 1073 | Heermann | Provide for the creation of a cardiac emergency plan in every school. | Requires all schools to implement a cardiac emergency response plan and conduct an annual drill responding to cardiac emergencies, as well as provide annual training in cardiopulmonary resuscitation, first-aid, and use of an AED for certain employees. | Joint Committee on Appropriations | Referred to Joint Committee on Appropriations with Do Pass recommendation, 12-0: 2/4/26 | Monitor | *Bill amended to include $150,000 appropriation to cover the expense of the AEDs. | ||||||||||||||||||
11 | HB 1082 | Wittman | Establish parameters for the reimbursement of school districts that provide free or reduced-price meals to students. | Removes the eligible charge amount from any student who receives reduced-price meals, and shifts the financial responsibility to the Department of Education who will reimburse each school district. | House Appropriations | Referred by House Education with Do Pass Recommendation, 13-1: 1/26/26 Scheduled for hearing: 2/17/26 | Support | |||||||||||||||||||
12 | HB 1099 | Rehfeldt | Reschedule the pharmaceutical composition of crystalline polymorph psilocybin in a drug product approved by the Food and Drug Administration as a Schedule IV controlled substance. | Allows the prescription of a synthetic form of psilocybin as soon as the federal government authorizes its use. | House Health & Human Services | Passed House Health, 13-0: 2/5/26 Passed House of Representatives, 58-7: 2/9/26 | Monitor | |||||||||||||||||||
13 | HB 1104 | Mulder | An Act to revise the application requirements for special license plates and parking permits for individuals with disabilities. | Expands who may certify patients to receive parking permits due to a medical condition to include PAs, CNPs, PTs, and chiropractors, so long as the certification is within the practitioner's scope of practice. | Senate Health & Human Services | Passed House Transportation, 10-0: 1/27/26 Passed House of Representatives, 65-2: 1/28/26 | Monitor | |||||||||||||||||||
14 | HB 1105 | Overweg | Restrict contracts and declarations that prohibit the use of commercial property for any healthcare service in municipalities and townships with populations of less than three thousand, in medically underserved areas, or in areas with a medically underserved population. | Prevents covenants not to compete in health care facilities that are sold after they are closed in medically underserved communities. | House State Affairs | Passed House State Affairs, 7-4: 2/9/26 Passed House of Representatives, 45-20: 2/11/26 | Support | |||||||||||||||||||
15 | HB 1121 | Hansen | Expand the locations at which raw milk may be purchased for personal use by a consumer. | Allows for the sale of raw milk at a farmers market or a retail store owned by the producer which is not located at the place or farm where the milk is produced. | House Ag and Natural Resources | Introduced | Oppose | |||||||||||||||||||
16 | HB 1123 | Wittman | Establish a pilot program to provide benefits for menstrual hygiene products and diapers for individuals who receive temporary assistance for needy families, and to make an appropriation therefor. | Directs DSS to create a pilot program to provide diaper and menstrual hygiene products for those receiving TANF, and appropriates $2.5 million to fund the program. | House Appropriations | Referred from House Health to House Appropriations w/o Recommendation, 9-2: 2/10/26 Scheduled for hearing: 2/17/26 | Support | |||||||||||||||||||
17 | HB 1138 | Heermann | Require the licensure of non-medical home care agencies, and to provide a penalty therefor. | Requires non-medical home care agencies to be licensed with DOH, and defines non-medical home care services as assistance with personal hygiene, assistance with the self-administration of medications, companionship, housekeeping, meal preparation, or other routine activities. | House Appropriations | Final disposition scheduled for next hearing: 2/10/26 | Monitor | |||||||||||||||||||
18 | HB 1143 | Rehfeldt | Authorize the possession and self-administration of nasal glucagon by a student on school property and at school-related events and activities. | Allows a student to possess and self-administer nasal glucagon at school if diagnosed with a medical condition. | House Health & Human Services | Passed House Health, 12-0: 2/3/26 Passed House of Representatives, 65-0: 2/6/26 | Monitor | |||||||||||||||||||
19 | HB 1146 | Rehfeldt | Adopt the physician assistant licensure compact. | Enters South Dakota into the PA Compact. | House Health & Human Services | Passed House Health, 11-1: 2/10/26 | Monitor | |||||||||||||||||||
20 | HB 1148 | Rehfeldt | Adopt the respiratory care interstate compact. | Enters South Dakota into the Respiratory Care Interstate Compact. | House Health & Human Services | Passed House Health, 12-1: 2/10/26 | Monitor | |||||||||||||||||||
21 | HB 1149 | Rehfeldt | Adopt the athletic trainer licensure compact. | Enters South Dakota into the Athletic Trainer Licensure Compact. | House Health & Human Services | Passed House Health, 12-0: 2/10/26 | Monitor | |||||||||||||||||||
22 | HB 1150 | Walburg | Make an appropriation to increase the rate of payment for federally qualified health centers. | Appropriates $4 million from general fund and $4 million of federal expenditure authority to DSS to increase the rate of payment for services to FQHCs. | Joint Committee on Appropriations | Introduced | Support | |||||||||||||||||||
23 | HB 1151 | Heinemann | Ban kratom and kratom products and to provide a penalty therefor. | Makes the selling, distribution, purchase, consumption, or possession of kratom a Class 2 misdemeanor. | House Health & Human Services | Passed House Health, 8-4: 2/12/26 | Monitor | |||||||||||||||||||
24 | HB 1160 | Goodwin | Repeal the medical marijuana oversight committee. | Repeals all state statute regarding the medical marijuana oversight committee. | House Health & Human Services | Introduced | Monitor | |||||||||||||||||||
25 | HB 1162 | Hunt | Add certain substances to Schedule I of the controlled substances schedule. | Adds Phenibut and Tianeptine to Schedule I of the conrolled substances schedule. | House Health & Human Services | Scheduled for hearing: 2/17/26 | Monitor | |||||||||||||||||||
26 | HB 1163 | Andera | Prohibit certain persons from requiring genetic-based vaccinations. | Prohibits public and private employers, educational institutions, and public services from requiring an individual to receive a mRNA vaccine for treatment of a disease or condition that is the subject of a declared public health emergency. | House Health & Human Services | Introduced | Oppose | |||||||||||||||||||
27 | HB 1164 | Jorgenson | Establish the crime of fraudulent assisted reproduction and provide a penalty and civil liability therefor. | Creates a definition of assisted reproduction procedure and makes it a felony for a health care provider, in the performance of the procedure, to knowingly cause the use of reproductive material from a donor if the patient didn't give written consent to receive the material, or for intentionally causing the use of the health care provider's own reproductive material without consent. | House Judiciary | Passed House Judiciary, 11-0: 2/6/26 Passed House of Representatives, 65-0: 2/9/26 | Monitor | |||||||||||||||||||
28 | HB 1169 | Garcia | Classify medetomidine as a Schedule III controlled substance and establish permissible uses. | Classes any material, compound, mixture, or preparation that contains medetomidine as a Schedule III controlled drug or substance unless it meets exception criteria of use for an animal. | House Health & Human Services | Passed House Health, 11-0: 2/10/26 | Monitor | |||||||||||||||||||
29 | HB 1171 | Garcia | Establish provisions related to the disclosure of COVID-19 and mRNA vaccination status and blood donations. | Requires blood collectors to require a blood donor to disclose whether the donor has ever received a COVID-19 or mRNA vaccination, and if so, label the blood bag to conspicuously indicate as such. | House Health & Human Services | Passed House Health, 7-5: 2/12/26 | Oppose | |||||||||||||||||||
30 | HB 1182 | Jorgenson | Establish a data collection system pertaining to assisted reproductive technology. | Requires DOH to create and maintain a data collection system to track embyronic data pertaining to assisted reproductive technology, and requires any entity participating in such technology to provide the data to DOH. | House Health & Human Services | Passed House Health, 8-4: 2/12/26 | Oppose | |||||||||||||||||||
31 | HB 1183 | Healy | Revise qualifications for immunity from prosecution following a drug-related overdose. | Extends immunity to another person requesting medical assistance for a person because of a drug-related overdose. | House Judiciary | Passed House Judiciary, 11-1: 2/9/26 | Support | |||||||||||||||||||
32 | HB 1199 | Rehfeldt | Address preauthorization requirements for certain health care services and utilization review requirements for certain health benefit plans. | Creates an exemption from the preauthorization process for health care professionals who demonstrate a record of having at least ninety percent of their preauthorization requests submitted being approved by the insurer during a twelve-month evaluation period. | House Health & Human Services | Scheduled for hearing: 2/17/26 | Support | |||||||||||||||||||
33 | HB 1210 | Garcia | Prohibit COVID-19 vaccination requirements and to provide a penalty therefor. | Prohibits any employer, school, state agency, or other person from requiring another individual to receive a COVID-19 vaccination as a condition of employement, enrollment, or receipt of service. | House Health & Human Services | Introduced | Oppose | |||||||||||||||||||
34 | HB 1220 | Mulder | An Act to regulate the retail sale of nicotine products, and to provide a penalty therefor. | Mostly regulatory but contains provisions banning the sale of nicotine products within close proximity to schools and repeals the criminal liability from those under 21 years who attempt to purchase. | House Health & Human Services | Scheduled for hearing: 2/17/26 | Monitor | |||||||||||||||||||
35 | HB 1223 | Heinemann | Revise the scope of practice for occupational therapy. | Updates statute to align with national standards related to the use of physical agent, mechanical, and instrument-assisted modalities. Would permit OTs to perform dry needling. | House Health & Human Services | Introduced | Oppose | |||||||||||||||||||
36 | HB 1250 | Mulder | Revise the types of community-based providers for purposes of state funded services. | Adds FQHCs to the list of community-based providers for state funding. | House Health & Human Services | Passed House Health, 13-0: 2/10/26 | Monitor | |||||||||||||||||||
37 | HB 1251 | Mulder | Create the community-based providers methodology supplement fund, create the target teacher salary supplement fund, and provide for the transfer of certain unobligated cash balances to the fund. | Creates a community-based providers supplement fund to enable an increase in the rates payable to community-based providers closer to 100% of the methodology. | House Appropriations Committee | Scheduled for hearing: 2/18/26 | Monitor | |||||||||||||||||||
38 | HB 1255 | Goodwin | Require that the Department of Health accept the medical records of a veteran applying for a medical cannabis registry identification card. | Requires DOH to issue a registry certification card to a qualifying patient who is a veteran and meets criteria per military medical records. | House Military & Veterans Affairs | Scheduled for hearing: 2/9/26 | Monitor | |||||||||||||||||||
39 | HB 1257 | Heinemann* | Regulate the performance and reporting of abortions necessary to preserve the life of a pregnant female and to provide a penalty therefor. | Seeks to refine the definition of "life of the pregnant female." | Introduced | Oppose | *Original prime sponsor Rep. Soye changed on 2/6/26 | |||||||||||||||||||
40 | HB 1274 | Soye | Restrict the delivery of an abortion-inducing medicine, drug, or substance into this state and provide a criminal and a civil penalty therefor, and provide a civil action for the wrongful death of an unborn child. | Creates restrictions for abortion-inducing medicines. | Introduced | Oppose | ||||||||||||||||||||
41 | HB 1292 | Heermann | Limit the ability of a health carrier to recoup, recover, or retroactively deny previously paid claims. | Limits the time a previously paid claim may be recouped, recovered, or retroactively denied by the health carrier to within eighteen months from the date the claim payment was made. Also provides notification requirements for any related claims processing. | House Commerce & Energy | Scheduled for hearing: 2/18/26 | Monitor | |||||||||||||||||||
42 | HB 1313 | Kayser | Require education in prenatal human growth and development. | Requires the Board of Education Standards to recommend resources for instruction in prenatal human growth and development, including ultrasound videos showing major organs and progress of prenatal human development. Resources may not be produced or provided by an entity associated with abortions. | House Health & Human Services | Passed House Health, 10-3: 2/10/26 | Monitor | |||||||||||||||||||
43 | SB 8 | Education Committee | Permit a school district to administer epinephrine using a nasal spray. | Expands current authorization for schools to procure and designated officials to adminster epinephrine nasal spray. | House Education | Passed Senate Education, 7-0: 1/15/26 Passed Senate, 31-1: 1/20/26 Passed House Education, 13-0: 1/28/26 Passed House of Representatives, 61-4: 2/2/26 | Monitor | |||||||||||||||||||
44 | SB 14 | Health & Human Services Committee | Modify provisions related to the practice of pharmacy. | Creates & defines a "pharmacist-in-charge" designation and creates guidelines for a licensed pharmacy to utilize a courier, mail, or remote drop site to deliver prescription drugs. | Senate Health & Human Services | Passed Senate Health, 6-0: 1/26/26 Passed Senate, 33-0: 1/27/26 | Monitor | |||||||||||||||||||
45 | SB 80 | Vilhauer | Prohibit the sale of delta-9 tetrahydrocannabinol products to individuals under the age of twenty-one. | Adds delta-9 products to the list of products prohibited for sale or purchase by an individual until the age of 21 years. | Senate Health & Human Services | Introduced | Monitor | |||||||||||||||||||
46 | SB 87 | Reed | An Act to clarify and establish requirements related to forensic medical examinations. | Expands who may conduct a forensic medical examination from a physician to a provider, defined as a physician, PA, NP, or sexual assault nurse examiner with requisite training; and directs facilities conducting examinations to establish and maintain policies regarding their administration. | Senate Health & Human Services | Scheduled for hearing: 2/18/26 | Monitor | |||||||||||||||||||
47 | SB 89 | Reed | Require that counties and municipalities provide emergency medical services within their jurisdictions and create a task force to study the funding thereof. | Requires counties and municipalities to ensure a minimum level of EMS is available, directs SDDOH to promulgate rules to establish those minimum levels, and establishes an EMS Funding Task Force to investigate funding mechanisms to support counties and municipalities in the provision of EMS. | Senate Health & Human Services | Passed Senate Health, 7-0: 2/2/26 Passed Senate, 27-7: 2/4/26 | Support | Bill was amended by Senate Health Committee to remove the EMS essential service designation and instead create a task force to review the feasability of EMS as an essential service, including the use of Rural Health Transformation Funds. (The amendment moved SDSMA position from Monitor to Support.) | ||||||||||||||||||
48 | SB 122 | Perry | Establish a duty to assist in an emergency and provide a penalty therefor. | Compels individuals, to the extent possible, to provide assistance in an emergency by obtaining aid from law enforcement or medical personnel. Persons are not liable for damages, unless they act in a willful, wanton, or reckless manner in providing the assistance. | Senate Judiciary | Passed Senate Judiciary, 7-0: 2/5/26 Passed Senate, 24-9: 2/9/26 | Oppose | Bill was amended by Senate Judiciary from being applicable in a general emergency to "failure to summon aid for a suicide attempt." | ||||||||||||||||||
49 | SB 145 | Pischke | Revise the limitations on a municipality's power to take actions for the promotion of health or the suppression of disease. | Adds language restricting the powers of a municipality to suppress diseases to include wording from the First and Second Amendments. | Senate State Affairs | Scheduled for hearing: 2/11/26 | Oppose | |||||||||||||||||||
50 | SB 190 | Grove | Provide for the rights of a parent. | Restricts the state from placing burdens on parental rights, including a provision regarding consent to all physical and mental health care decisions for the minor child. | Senate Judiciary | Passed Senate Judiciary, 5-2: 2/10/26 Failed Senate, 17-16: 2/12/26* | Oppose | *Motion to Reconsider | ||||||||||||||||||
51 | SB 211 | Deibert | Prohibit certain billing practices by ambulance service providers and establish reimbursement standards for out-of-network emergency medical services. | Establishes reimbursement criteria for OON ambulance services. | Senate Health & Human Services | Scheduled for hearing: 2/18/26 | Monitor | |||||||||||||||||||
52 | SB 233 | Davis | Prohibit the assessment of certain administrative fees or penalties related to the provision of care by an out-of-network provider. | Prohibits a health carrier from assessing a fee or penalty to any provision of care to a patient that involved an out-of-network provider. | Senate Health & Human Services | Scheduled for hearing: 2/18/26 | Support | |||||||||||||||||||
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