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provide for the designation of an appropriate regional facility by the Department of Social Services.
The Department of Social Services can now designate private or regional facilities as approved alternatives to state psychiatric hospitals for people being held for emergency mental health evaluation. These designated facilities must meet specific requirements, including 24/7 availability, overnight residential services, and on-site medical staff, allowing more flexibility in where people in mental health crises can be admitted and treated.
create a dementia services coordinator position within the Department of Human Services.
HB1278 creates a new position of dementia services coordinator within South Dakota's Department of Human Services to help coordinate care and services for people with dementia. This coordinator will work to improve access to dementia-related resources and support across the state's health and social service systems.
To direct the Department of Social Services to investigate implementing peer support services.
This concurrent resolution directs South Dakota's Department of Social Services to study the possibility of offering peer support services to state residents. Peer support services typically involve people with lived experience of mental health conditions, substance abuse, or other challenges helping others facing similar situations—the bill asks the department to investigate whether implementing such services would be feasible and beneficial.
To create a task force for the purpose of reviewing the manner in which mental health services are delivered in this state and considering changes to existing models or alternative models that could be utilized for the delivery of mental health services on a regional basis in this state.
South Dakota will create a task force to review how mental health services are currently delivered across the state and explore whether alternative or regional delivery models could work better. The task force will consider changes to existing approaches and evaluate new options for providing mental health services on a regional basis.
To encourage the Executive Board of the Legislature to create an interim legislative study to address the mental health of first responders.
This bill is a concurrent resolution that directs the Executive Board of the Legislature to create an interim study committee to examine mental health issues affecting South Dakota's first responders, such as police officers, firefighters, and emergency medical personnel. The resolution itself doesn't change existing state law but serves as a formal request for the legislature to investigate this topic and develop potential solutions during the interim period between legislative sessions.
make an appropriation to evaluate the feasibility of the use of telehealth services within the criminal justice system and to declare an emergency.
HB1090 provides funding to study whether South Dakota's criminal justice system can effectively use telehealth services (like video conferencing) for things like medical appointments or mental health treatment. The bill also repeals two existing statutes (§2-5-2 and §2-5-3) and declares the funding an emergency so it can take effect immediately.
include post-traumatic stress disorder as a compensable injury for purposes of workers' compensation.
HB 1142 adds post-traumatic stress disorder (PTSD) to the list of injuries that workers can claim compensation for under South Dakota's workers' compensation system. This means workers who develop PTSD as a result of their job duties would be eligible for the same medical benefits and wage replacement that apply to other work-related injuries. The change expands who can receive workers' compensation benefits to include employees suffering from service-related mental health conditions.
Urging greater awareness and understanding of post-traumatic stress injury.
This resolution urges greater public awareness and understanding of post-traumatic stress injury (PTSI) across South Dakota. The bill makes technical updates to various sections of state law related to terminology and definitions, though it does not create new enforceable requirements—instead, it serves as a statement of legislative intent to promote education and recognition of PTSI among citizens and institutions.
revise provisions related to the restoration to competency of criminal defendants.
This bill updates how South Dakota handles defendants found mentally incompetent to stand trial by clarifying that courts can place them in outpatient treatment (rather than only institutional commitment) if they're not considered dangerous, and it specifies that treatment must determine within four months whether the defendant is likely to regain competency. The bill also updates the language to use gender-neutral terms like "the defendant" instead of "him" throughout the statute.
provide immunity for qualified mental health professionals at appropriate regional facilities.
This bill expands legal protections for mental health professionals working at regional facilities, giving them immunity from lawsuits when they refer people to crisis teams in good faith. The change adds "appropriate regional facility" to the existing law that already protected mental health professionals at clinics and hospitals, ensuring consistent legal protection across different types of mental health settings.
prohibit capital punishment for any person suffering from a severe mental illness.
SB 64 would prohibit South Dakota from carrying out the death penalty against anyone diagnosed with a severe mental illness. This change would prevent executions of defendants with serious psychiatric conditions, even if they were convicted of capital crimes.
revise provisions regarding failure to comply with outpatient commitment or treatment orders.
This bill clarifies which officials must be notified when someone fails to follow an outpatient mental health commitment or treatment order, requiring notification to the state's attorney in both the county where the person is located and the county that issued the original order. It also allows the treatment program or doctor to recommend alternative placements (like involuntary hospitalization) if they believe the person's condition will significantly worsen due to non-compliance.
revise provisions regarding testimony of qualified mental health professionals at involuntary commitment hearings.
This bill requires that at involuntary commitment hearings, an independent mental health professional must testify about whether less restrictive treatment options (like outpatient programs) are available and appropriate instead of inpatient hospitalization. If such alternatives exist and are deemed suitable, the person cannot be committed to inpatient treatment and must instead be placed in the least restrictive treatment option available.
provide for the use of electronic communication in the involuntary commitment process and to declare an emergency.
South Dakota now allows mental health professionals to conduct the required examination of a person held for potential involuntary commitment using video conferencing instead of requiring an in-person visit. The bill keeps all other requirements the same—the examination must still happen within 24 hours and include a mental status evaluation—but gives professionals the option to use real-time audio and video technology to complete this step.
revise certain provisions regarding professional counselors.
This bill establishes formal definitions for key terms used in South Dakota's professional counseling licensing laws, including what counts as "counseling," "counseling treatment interventions," and what educational credentials qualify someone to become a licensed counselor. The new definitions clarify the scope of practice for professional counselors and the education requirements for licensure under the Board of Examiners for Counselors and Marriage and Family Therapists.
require the Department of Social Services to fully support a statewide centralized resource information system.
SB 2 requires the Department of Social Services to fully support a statewide system that helps residents find information about social services, mental health resources, disaster assistance, and other help—changing the law from merely allowing cooperation to requiring it. The department must provide a 50% funding match for each county to develop and maintain this centralized resource information system, which must meet national accreditation standards.
require parental notification of self-injurious behavior expressed during counseling sessions.
This bill requires school counselors, psychologists, and social workers to notify parents if a student under 18 expresses feelings of gender dysphoria or interest in self-injurious behavior during counseling sessions. It carves out an exception to South Dakota's existing confidentiality protections for school counselors, which currently prevent them from disclosing student communications to others.
require certain examinations of persons awaiting involuntary commitment hearings.
This bill requires that within 24 hours after someone is detained for a mental health emergency, an independent mental health professional must examine them and continue doing so every 24 hours they remain detained. The professional must explain to the person that the exam is to determine if they should stay detained and that findings may be used in a commitment hearing. This ensures detainees get regular, independent evaluations rather than relying solely on assessments from the person who initiated their detention.
provide for a risk protection order authorizing the seizure of firearms and ammunition.
SB82 creates a new "risk protection order" that allows courts to temporarily seize firearms and ammunition from individuals deemed to pose a significant risk of harm to themselves or others. Law enforcement or designated parties can petition a court for these orders, and a judge can authorize the seizure of weapons if they find sufficient evidence of danger. The seized firearms and ammunition would be held during the protection order period, which can be renewed if the risk persists.
require parental notice of a social and emotional learning questionnaire regarding a student.
Schools must notify parents before giving students social and emotional learning questionnaires—those that ask about feelings, mental health, or behavior—and get written parental permission before completing them. Parents must also receive a copy of the completed questionnaire once it's added to the student's school records. This requirement doesn't apply to questionnaires for students already enrolled in special education or Section 504 disability services.
Supporting students and other persons afflicted by epilepsy and raising awareness of epilepsy in South Dakota.
This resolution expresses support for students and people with epilepsy in South Dakota and commits to raising awareness about the condition. It makes several technical changes to state education and health codes related to how epilepsy is addressed in schools and medical settings, though the resolution itself is symbolic rather than creating enforceable new requirements.
require certain health care professionals to recommend treatments alternative to opioids.
Before prescribing opioids for pain, South Dakota health care professionals must recommend or offer alternative treatments such as physical therapy, occupational therapy, chiropractic care, massage therapy, acupuncture, or chronic pain management programs—based on what's clinically appropriate and available. The law doesn't require trying all alternatives first or prevent doctors from prescribing opioids alongside these other treatments.