All Roll Calls
Yes: 112 • No: 8
South DakotaHB 1148101st South Dakota Legislature (2026)HouseWALLET
adopt the respiratory care interstate compact.
Sponsored By: Rehfeldt, Taylor (Republican)
Signed by Governor
CompactsCriminal Background InvestigationHealth CareProfessions and Occupations
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Bill Overview
Analyzed Economic Effects
8 provisions identified: 2 benefits, 2 costs, 4 mixed.
Military therapists and spouses get fee relief
Active military members and their spouses pay no Commission fee for an interstate respiratory care practice privilege. Another member state may reduce or waive its own privilege fee. They can choose a home state where they hold a current license in good standing. They can keep that designation throughout the military member's active duty.
Therapist licensing records shared with privacy limits
The Commission must keep a shared system of license, disciplinary, denial, and other required records. Member states must submit required information and check the system for disciplinary actions. Criminal-history records cannot enter the system, and significant investigation information is available only to member states. States can restrict public release of contributed information, and records erased under applicable law must be removed. Certified system records count as authenticated Commission business records and can be admitted as evidence in member-state proceedings.
Background checks for respiratory license applicants
South Dakota respiratory care license applicants must provide fingerprints, sign an information release, and pay applicable background-check fees. The checks cover state and federal criminal records through state investigators and the FBI. The licensing board must receive and consider the results before issuing a license. It cannot disclose the background-check information to anyone outside its staff.
Possible fees for therapists working interstate
Member states may charge therapists to get or renew an interstate practice privilege; state fees are optional. The Commission may also charge privilege fees and assess member states each year. The law sets no fee amounts and provides no separate general fund appropriation. The Commission can accept grants and gifts, but must secure funding before taking on financial obligations. It must complete annual financial reviews and publish them in its annual report.
Respiratory therapists gain interstate work options
South Dakota joins the respiratory care compact, which takes effect when the seventh state enacts it. Qualified therapists can practice in other member states without getting separate state licenses. They need an active, unrestricted home-state license, an active qualifying National Board for Respiratory Care credential, and no disciplinary action within two years. Therapists must notify the Commission, accept service of legal papers by mail, and meet required tests on practice laws. They must follow the rules where the patient is located and report nonmember-state disciplinary actions and home-address changes within 30 days. Privileges end when the home-state license expires or is revoked. License restrictions suspend all interstate privileges until the restrictions end and two years pass, with additional requirements for reinstatement. South Dakota must grant privileges to qualified therapists from other member states and follow compact requirements.
Therapists face shared oversight and cost recovery
Member states can investigate together and use information from other states to take disciplinary action under their own procedures. A state where a therapist works under a privilege can discipline that privilege, not another state's license. States can issue subpoenas enforceable across member states; the issuing authority pays witness fees and travel costs. Therapists may have to repay investigation and case-resolution costs unless state law bars recovery. States cannot discipline therapists solely for conduct that was lawful where and when it happened.
Therapists get transition time when states leave
A state can leave by repealing its compact law; withdrawal takes effect 180 days after enactment. It must keep reporting investigations and disciplinary actions until withdrawal takes effect. Withdrawing or terminated states must notify affected practitioners and recognize compact-granted licenses for at least 180 days after notice. A defaulting state receives notice and a chance to fix its failure before the Commission seeks court enforcement. Termination requires exhausted compliance efforts and a majority vote, and ends the state's compact rights and benefits. The Commission can mediate disputes or seek federal court enforcement, including orders and damages; defaulting or terminated states bear their own costs unless otherwise agreed.
Compact rules bind states and shield officials
The law establishes an interstate Commission to run the compact, hire staff, make contracts, and coordinate enforcement. States must fill a Commissioner vacancy within 60 days. Commission rules have the force of law on their stated effective dates. Substantive rules require public notice, comments, and hearings; emergency rules allow shorter notice and retroactive application up to 90 days. Conflicting state requirements give way only where they conflict, including laws passed later; states keep their nonconflicting laws. The compact preserves state immunity and shields covered officials and staff from civil liability for acts within their compact duties. The Commission must provide a defense in covered cases and may provide reimbursement, but protections exclude intentional, willful, or wanton misconduct. Private parties cannot directly enforce the compact against the Commission.
Sponsors & Cosponsors
Sponsor
Rehfeldt, Taylor
Republican • House
Cosponsors
Davis, Sydney
Republican • Senate
DeGroot, Roger
Republican • House
Emery, Eric
Democratic • House
Goodwin, Tim
Republican • House
Larson, Liz
Democratic • Senate
Muckey, Erik
Democratic • House
Pourier, Peri
Republican • House
Smith, Jamie
Democratic • Senate
Uhre-Balk, Nicole
Democratic • House
Roll Call Votes
Senate vote • 3/9/2026
Do Pass
Yes: 30 • No: 4
Senate vote • 3/4/2026
Do Pass
Yes: 7 • No: 0
House vote • 2/17/2026
Do Pass
Yes: 63 • No: 3
House vote • 2/10/2026
Do Pass
Yes: 12 • No: 1
Actions Timeline
Signed by the Governor
3/30/2026HouseDelivered to the Governor
3/12/2026HouseSigned by the President
3/11/2026SenateSigned by the Speaker
3/10/2026HouseSenate Do Pass, Passed, YEAS 30, NAYS 4
3/9/2026SenateRemove from Consent Calendar
3/5/2026SenateCertified uncontested, placed on consent
3/4/2026SenateSenate Health and Human Services Do Pass, Passed, YEAS 7, NAYS 0
3/4/2026SenateScheduled for hearing
3/4/2026SenateFirst read in Senate and referred to Senate Health and Human Services
2/18/2026SenateHouse of Representatives Do Pass, Passed, YEAS 63, NAYS 3
2/17/2026HouseHouse of Representatives Deferred to another day, Passed
2/12/2026HouseHouse Health and Human Services Do Pass, Passed, YEAS 12, NAYS 1
2/10/2026HouseScheduled for hearing
2/10/2026HouseReferred to House Health and Human Services
1/28/2026HouseFirst Reading House
1/27/2026House
Bill Text
Introduced
1/26/2026
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