Healthcare

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 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 1101 prohibits insurers from denying or limiting life, disability, or long-term care insurance coverage solely because someone is a living organ donor. It specifically bans insurers from: (1) refusing coverage based on donor status, (2) requiring donors to stop donating to maintain coverage, or (3) charging higher premiums or imposing other restrictions due to donor status alone. The bill ensures that living organ donors cannot face insurance discrimination without evidence of actual increased health risk. This directly protects individuals who donate organs while alive from unfair treatment by insurance companies.

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.

HB 1068 allows South Dakota pharmacists to dispense ivermectin and hydroxychloroquine to adults 18+ based on written protocols created by physicians. These protocols must include risk assessments, drug information (indications, usage, side effects), and instructions for handling adverse events. The law shields physicians and pharmacists from liability for good-faith compliance, except in cases of gross negligence or willful misconduct. It directly affects healthcare providers who dispense these drugs and patients receiving them under this new process.

HB 1112 modifies South Dakota's definition of "electronic smoking device" to explicitly include any device containing or delivering nicotine (or other substances with nicotine) intended for human consumption. This change clarifies that e-cigarettes, vape pens, e-cigars, and similar devices delivering nicotine fall under the definition, regardless of other substances they may contain. The amendment directly affects tobacco businesses selling these products and enforcement of existing laws regulating electronic smoking devices. The bill does not create new restrictions but ensures the definition aligns with how such devices are commonly used and marketed.

South Dakota's Senate Concurrent Resolution 603 supports the U.S. Department of Agriculture (USDA) in establishing a federal working group of nutrition experts to develop evidence-based national standards for foods and beverages that can be purchased with Supplemental Nutrition Assistance Program (SNAP) benefits. The resolution does not create new law but urges Congress to pass legislation implementing the working group’s recommendations, which would align SNAP purchasing rules with current nutrition science and dietary guidelines. It directly affects the federal SNAP program, which provides food assistance to millions of low-income Americans, including South Dakota residents. The resolution emphasizes that national standards require federal action to ensure consistency, avoid state administrative costs, and prevent future policy reversals. This is a supportive measure for federal policy development, not a direct change to SNAP benefits or eligibility.