This bill amends existing South Dakota laws regarding forensic medical examinations for victims of alleged rape or sexual offenses. It stipulates that the county where the offense occurred is responsible for covering the costs associated with these examinations, which include various medical services, necessary supplies, laboratory testing, and medications. Hospitals and clinics providing these examinations must coordinate with the county to establish a payment process and inform victims that they can receive examinations at no cost, regardless of their participation in the criminal justice system. Additionally, the bill sets limits on the reimbursement amounts for these examinations, ensuring they do not exceed actual costs or established rates based on Medicaid payment methodologies.
The bill also clarifies consent requirements for minors and protected persons, allowing individuals aged sixteen or older to consent to their own examinations without parental approval. It mandates that hospitals and clinics develop policies and procedures for administering forensic medical examinations, including coordination with law enforcement and sexual assault response teams. New provisions outline the qualifications for providers administering these examinations and emphasize the importance of informed consent. Overall, the bill aims to enhance the accessibility and integrity of forensic medical examinations for victims while ensuring that the necessary legal and procedural frameworks are in place.
Statutes affected: Introduced, 01/14/2026: 22-22-26, 22-22-26.2, 22-22-26.3, 22-22-26.4, 22-22-26.5
Senate Health and Human Services Engrossed, 02/18/2026: 22-22-26, 22-22-26.2, 22-22-26.3, 22-22-26.4, 22-22-26.5
Enrolled, 03/03/2026: 22-22-26, 22-22-26.2, 22-22-26.3, 22-22-26.4, 22-22-26.5