All Roll Calls
Yes: 116 • No: 0
South DakotaSB 87101st South Dakota Legislature (2026)SenateWALLET
clarify and establish requirements related to forensic medical examinations.
Sponsored By: Heermann, Mellissa (Republican), Reed, Tim S. (Republican)
Signed by Governor
CrimesHealth CareSex Offenses
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Bill Overview
Analyzed Economic Effects
6 provisions identified: 6 benefits, 0 costs, 0 mixed.
Free assault exams without police cooperation
In South Dakota, rape and sexual offense victims can get a forensic medical exam at no cost. Victims do not have to join a criminal case or cooperate with police to get an exam. The county where the alleged offense happened pays; hospitals and clinics must arrange payment and tell victims exams are free. Covered costs include exam-related care, forensic supplies, scope procedures, lab tests, medicine given during the exam, and imaging. Tests include drug, urine, pregnancy, syphilis, chlamydia, gonorrhea, HIV, hepatitis B and C, herpes, and other exam-related STD tests.
Teens and protected patients can consent
Minors age 16 or older can consent to a forensic exam without parental permission; age alone cannot invalidate their consent. Afterward, the hospital or clinic must take reasonable steps to notify a parent or guardian, unless that person is suspected. Protected patients under guardianship can get an exam without guardian permission when they give informed consent. Providers must try in good faith to notify the guardian before the exam, unless the guardian is the suspected perpetrator. Informed consent must be voluntary, knowing, competent, and free from pressure, after a careful explanation in plain language.
Assault exams get clear care standards
Forensic exams include injury checks, a patient interview, medical history, triage, consultation, and evidence and specimen collection. They also include tracking evidence handling and assessing alcohol- or drug-facilitated assault, with toxicology tests the provider finds necessary. Only South Dakota-licensed doctors, physician assistants, nurse practitioners, or sexual assault nurse examiners can perform these exams. Nurse examiners are registered nurses with special education and clinical training in sexual assault care. Facilities set appropriate training for the other clinicians, with an exception when a qualified, trained remote provider observes and advises through telehealth.
Exam providers get good-faith legal protection
Exam clinicians, hospitals, and clinics receive legal protection for good-faith decisions about whether a patient can give informed consent. The protection covers deciding capacity and following or not following the patient's direction based on that decision. It shields them from criminal prosecution, civil liability, and professional discipline for those decisions.
Hospitals and clinics must plan exams
Licensed hospitals, except specialized hospitals, must keep forensic exam policies stating whether they offer exams on-site. Clinics must also keep policies identifying which types of exam providers are available. Policies must cover timely transfers or referrals that protect evidence and coordination with police on evidence handling. They must also address county sexual assault response teams where applicable and give patients information about victim advocates. Response teams bring agencies and professionals together to coordinate sexual assault care and the justice response.
Counties get limits on exam payments
County payments for forensic exams cannot exceed actual cost or the state-set amount, whichever is less. South Dakota's social services secretary sets that amount using Medicaid payment rules. Hospitals and clinics also cannot claim more than their usual, ordinary, and reasonable charge, even when actual costs are higher. If a facility charges medically indigent county residents less for an exam or part of it, that lower price applies.
Sponsors & Cosponsors
Sponsors
Heermann, Mellissa
Republican • House
Reed, Tim S.
Republican • Senate
Cosponsors
Baxter, Heather
Republican • House
Crabtree, Casey
Republican • Senate
Davis, Sydney
Republican • Senate
DeGroot, Roger
Republican • House
Emery, Eric
Democratic • House
Fitzgerald, Mary J.
Republican • House
Goodwin, Tim
Republican • House
Healy, Erin
Democratic • House
Kull, David
Republican • House
Larson, Liz
Democratic • Senate
Mehlhaff, Jim
Republican • Senate
Moore, Scott
Republican • House
Muckey, Erik
Democratic • House
Perry, Carl
Republican • Senate
Pourier, Peri
Republican • House
Reisch, Tim
Republican • House
Rice, Kathy
Republican • House
Roby, Matt
Republican • House
Smith, Jamie
Democratic • Senate
Uhre-Balk, Nicole
Democratic • House
Wittman, Kadyn
Democratic • House
Zikmund, Larry P.
Republican • Senate
Roll Call Votes
House vote • 3/2/2026
Do Pass Amended
Yes: 65 • No: 0
House vote • 2/26/2026
Do Pass
Yes: 11 • No: 0
Senate vote • 2/20/2026
Do Pass Amended
Yes: 34 • No: 0
Senate vote • 2/18/2026
Do Pass Amended
Yes: 6 • No: 0
Actions Timeline
Signed by the Governor
3/9/2026SenateDelivered to the Governor
3/5/2026SenateSigned by the Speaker
3/4/2026HouseSigned by the President
3/3/2026SenateDo Pass Amended
3/2/2026HouseCertified uncontested, placed on consent
2/26/2026HouseDo Pass
2/26/2026HouseScheduled for hearing
2/26/2026HouseFirst read in House and referred to
2/23/2026HouseDo Pass Amended
2/20/2026SenateCertified uncontested, placed on consent
2/18/2026SenateDo Pass Amended
2/18/2026SenateMotion to amend
2/18/2026SenateScheduled for hearing
2/18/2026SenateFirst read in Senate and referred to
1/15/2026Senate
Bill Text
Introduced
1/14/2026
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