South Dakota will now require companies that provide non-medical home care services—such as assistance with bathing, meal preparation, medication reminders, and companionship—to obtain a state license from the Department of Health before operating in the state. Anyone who operates or advertises a home care agency without this license will face criminal penalties as a Class 1 misdemeanor. This creates a new licensing requirement where previously no state oversight existed for these types of home care businesses.
This bill does not directly amend codified state law.
The amendment BROADENS the definition of a non-medical home care agency by removing the "for consideration" requirement and instead requiring only that the agency operates "as a regular part of a business," adds transportation as a covered service, reduces required aide training from ten hours to eight hours (with the Alzheimer's/dementia component staying at two hours and other training dropping from eight to six hours), and adds new licensing requirements including professional liability insurance, renewal procedures with late fees, and a one-year license validity period.
The amendment narrowed the definition of "non-medical home care services" by requiring that agencies must provide "two or more of" the listed services (rather than any single service), and it removed "transportation" from the list of covered services while adding specificity that home care aides must be paid "for wages in return for services rendered" and that agencies must operate "for compensation and as a regular part of a business." These changes tighten the bill's scope to focus on more comprehensive care providers while excluding standalone transportation services and casual arrangements.
The amendment made only technical, non-substantive changes: it updated the bill's codification number from 26.607.27 to 26.607.28, changed the bill status from "HOUSE ENGROSSED" to "ENROLLED," and removed formatting indicators (underscores and overstrikes notation) while correcting a minor line break in "non-medical." These are standard housekeeping changes that don't alter the bill's regulatory requirements for non-medical home care agency licensure.
House of Representatives Delivered veto sustained to the Secretary of State H.J. 583
House of Representatives Veto override Failed, YEAS 36, NAYS 27. H.J. 582
House of Representatives Vetoed by the Governor H.J. 580
Delivered to the Governor H.J. 556
Signed by the President S.J. 512
Signed by the Speaker H.J. 542
Senate Do Pass Amended Passed, YEAS 20, NAYS 14. S.J. 482
Health and Human Services Do Pass Passed, YEAS 5, NAYS 2. S.J. 27
Health and Human Services Scheduled for hearing S.J. 1
First read in Senate and referred to Senate Health and Human Services S.J. 340
House of Representatives Do Pass Amended Passed, YEAS 41, NAYS 25. H.J. 370
House of Representatives Motion to amend H.J. 370
House of Representatives Placed on calendar pursuant to JR 6F-6 Passed, YEAS 48, NAYS 19. H.J. 354
Health and Human Services Report out of committee without recommendation as amended
House of Representatives Recalled from committee (Rule 7-7) House Health and Human Services H.J. 333
Health and Human Services Deferred to the 41st legislative day Passed, YEAS 8, NAYS 5.
Health and Human Services Motion to amend
Health and Human Services Scheduled for hearing
Health and Human Services Motion to amend
Health and Human Services Scheduled for hearing
House of Representatives Referred to House Health and Human Services H.J. 150
First Reading House H.J. 135
Prime sponsor · Rep.
R
Prime sponsor · Sen.
R
Veto override
Do Pass Amended
Health and Human Services — Do Pass
Do Pass Amended
Placed on calendar pursuant to JR 6F-6
Health and Human Services — Deferred to the 41st legislative day