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Require that birth certificates and certain official documents reflect biological sex.
This bill requires South Dakota birth certificates, driver's licenses, and other official state documents to display a person's biological sex as listed on their birth certificate, rather than allowing changes based on gender identity. The bill modifies the application and licensing process for driver's licenses to specifically require applicants to provide their biological sex information from their birth certificate. These changes remove existing provisions that previously allowed individuals to update sex designations on certain identification documents.
Require an employee of a school district, the Board of Regents, or the South Dakota Board of Technical Education to receive permission of a parent or guardian of an unemancipated minor student before addressing the student with a name other than the student's legal name and to prohibit the compulsory use of gendered language inconsistent with sex.
School employees must now get written permission from a parent or guardian before using a student's chosen name or pronouns that differ from the student's legal name and biological sex. The bill also prohibits schools from punishing employees who refuse to use a student's preferred name or pronouns that don't match the student's sex assigned at birth.
Prohibit a health care provider from restricting or denying a parent or guardian's access to certain medical records and other health information of a minor.
This bill requires health care providers to give parents and guardians full access to their minor child's medical records, electronic health information, and patient portals—unless the minor obtained care legally without parental consent or knowledge. Any agreement between a provider and parent that tries to block this access is now void and unenforceable. The law essentially prevents doctors' offices from keeping medical information hidden from parents.
Establish requirements for school employees regarding gender ideology.
This bill requires school counselors to get parental consent before providing counseling services to students for mental, emotional, or medical health issues, and to notify parents whenever such counseling occurs or when certain topics—including gender identity and sexual orientation—are discussed. The bill also prohibits school counselors from promoting the idea that a student's sex is different from their biological sex at birth.