Changes to Existing Law

26.30.16 26.30.17 101st Legislative Session 87 2026 South Dakota Legislature Senate Bill 87 SENATE HEALTH AND HUMAN SERVICES ENGROSSED Introduced by: Senator Reed Underscores indicate new language. Overstrikes indicate deleted language. An Act to clarify and establish requirements related to forensic medical 1 examinations. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 22-22-26 be AMENDED: 4 22-22-26. The county where an alleged rape or sexual offense occurred must shall 5 pay the cost of any forensic medical examination performed by a physician, hospital, or 6 clinic on the victim of the alleged rape or sexual offense. 7 The cost of a forensic medical examination includes: 8 (1) PhysicianProvider, hospital, or clinic services directly related to the forensic medical 9 examination; 10 (2) Necessary forensic supplies; 11 (3) Scope procedures directly related to the forensic medical examination, including 12 anoscopy and colposcopy; 13 (4) Laboratory testing directly related to the forensic medical examination, including 14 drug screening, urinalysis, pregnancy screening, syphilis screening, chlamydia 15 culture, gonorrhea coverage culture, HIV screening, hepatitis B and C screening, 16 herpes culture, and any other sexually transmitted disease testing directly related 17 to the examination; 18 (5) Any medication provided during the forensic medical examination; and 19 (6) Any radiology service directly related to the forensic medical examination. 20 Section 2. That § 22-22-26.2 be AMENDED: 21 22-22-26.2. Each physician, hospital, and clinic conducting an that provides a 22 forensic medical examination under § 22-22-26 shall coordinate with the county to 23 establish a payment process by which the county shall pay for the cost of any forensic 24 medical the examination performed under § 22-22-26, and to notify any victim of rape or 25 26.30.16 26.30.17 2 87 Underscores indicate new language. Overstrikes indicate deleted language. sexual offense of the availability of a forensic medical an examination at no cost to the 1 victim. A victim of rape or sexual offense is not required to participate in the criminal 2 justice system or to cooperate with law enforcement to be provided with a forensic medical 3 examination without cost to the victim. 4 The amount paid to a physician, hospital, or clinic for a forensic medical exam 5 examination performed under § 22-22-26 may not exceed the actual cost of the forensic 6 medical examination or an amount established by the secretary of the Department of 7 Social Services, whichever is less. The amount established by the secretary under this 8 section shall must be based on Medicaid medicaid payment methodology. A physician, 9 hospital, or clinic may not maintain a claim against a county for any amount that exceeds 10 the usual, ordinary, and reasonable charge for a forensic medical examination, including 11 an even if the amount that is less than the actual cost of the forensic medical examination. 12 If the physician, hospital, or clinic performs provides forensic medical examinations, or 13 any portion of a forensic medical an examination, to persons who are medically indigent 14 residing in the county in which the physician, hospital, or clinic is located, at a cost less 15 than the amount provided for in this section, the physician, hospital, or clinic shall must 16 furnish the forensic medical examination, or any applicable portion of the forensic medical 17 examination, at the lower cost. 18 Section 3. That § 22-22-26.3 be AMENDED: 19 22-22-26.3. A minor age sixteen or older may consent to a forensic medical 20 examination, as defined under § 22-22-26.5. The minor's consent is not subject to 21 disaffirmance because of minority, and consent of a parent or guardian is not required 22 under this section. The physician, hospital, or clinic shall take reasonable steps to notify 23 a minor's parent or guardian that an examination has taken place, unless the parent or 24 guardian is the suspected perpetrator. 25 Section 4. That § 22-22-26.4 be AMENDED: 26 22-22-26.4. A physician, hospital, or clinic may provide a forensic medical 27 examination, as defined under § 22-22-26.5, without the consent of a guardian of a 28 protected person, as those terms are defined under § 29A-5-102, to any protected person 29 who provides informed consent. If a patient has a guardian, the physician, hospital, or 30 clinic must make a good faith effort to notify the guardian, before the forensic medical 31 examination, that the patient provided informed consent for the examination and the 32 examination will take place, unless the guardian is the suspected perpetrator. 33 26.30.16 26.30.17 3 87 Underscores indicate new language. Overstrikes indicate deleted language. If the attending physician, physician assistant, nurse practitioner, or sexual assault 1 nurse examiner makes a good faith determination that a patient is incapable of giving 2 informed consent under this section, neither the physician, physician assistant, nurse 3 practitioner, or nurse examiner, nor the hospital or clinic, may be subject to criminal 4 prosecution, civil liability, or professional discipline for failing to follow the patient's 5 direction or for making the determination. 6 If the attending physician, physician assistant, nurse practitioner, or sexual assault 7 nurse examiner makes a good faith determination that a patient is capable of giving 8 informed consent under this section, neither the physician, physician assistant, nurse 9 practitioner, or nurse examiner, nor the hospital or clinic, may be subject to criminal 10 prosecution, civil liability, or professional discipline for following a patient's direction or for 11 making the determination. 12 For purposes of this section, the term "informed consent" means consent 13 voluntarily, knowingly, and competently given without any element of force, fraud, deceit, 14 duress, threat, or other form of coercion after conscientious explanation of all information 15 that a reasonable person would consider significant to the decision in a manner reasonably 16 comprehensible to general lay understanding. 17 Section 5. That § 22-22-26.5 be AMENDED: 18 22-22-26.5. For the purposes of §§ 22-22-26 to 22-22-26.4, inclusive, and 19 sections 6 to 8, inclusive, of this Act, the term "forensic following terms mean: 20 (1) "Forensic medical examination," includes a medical assessment, administered in 21 accordance with section 6 of this Act, with the following components: 22 (1)(a) Examination of physical trauma; 23 (2)(b) Patient interview, determination of medical history, triage, and 24 consultation; and 25 (3)(c) Collection and evaluation of any evidence, including any photographic 26 documentation; preservation and maintenance of the chain of custody of 27 evidence; medical specimen collection; and any assessment of whether an 28 alcohol-facilitated sexual assault or a drug-facilitated sexual assault 29 occurred and any toxicology screening deemed necessary by the attending 30 physician, physician assistant, nurse practitioner, or sexual assault nurse 31 examiner; 32 26.30.16 26.30.17 4 87 Underscores indicate new language. Overstrikes indicate deleted language. (2) "Sexual assault nurse examiner," a registered nurse, licensed in accordance with 1 chapter 36-9, who has completed specialized education and clinical training in the 2 medical forensic care of patients who have experienced sexual assault; and 3 (3) "Sexual assault response team," a multidisciplinary, interagency group of law 4 enforcement officials, health care providers, victim advocates, and representatives 5 from state's attorney offices, who collaborate to provide a coordinated response to 6 sexual assault and to improve health and judicial outcomes for victims. 7 Section 6. That a NEW SECTION be added to chapter 22-22: 8 A forensic medical examination may be administered only by a: 9 (1) Physician licensed in accordance with chapter 36-4; 10 (2) Physician assistant licensed in accordance with chapter 36-4A; 11 (3) Nurse practitioner licensed in accordance with chapter 36-9A; or 12 (4) Sexual assault nurse examiner. 13 Except as otherwise provided in this section, a hospital or clinic that provides 14 forensic medical examinations shall ensure that the physician, physician assistant, or 15 nurse practitioner who administers the examination has completed at least two hours of appropriate training, 16 training through a program or course based on the minimum training recommendations 17 set forth in Appendix C of the second edition of the National Training Standards for Sexual 18 Assault Medical Forensic Examiners, published as determined by the United States Department of Justice 19 (August 1, 2018). 20 hospital or clinic, to conduct the examination. 17 A physician, physician assistant, or nurse practitioner may administer a forensic 21 18 medical examination without completing the training required by this section any additional training, if a sexual 22 assault nurse 19 examiner, or a physician, physician assistant, or nurse practitioner, who has 23 completed 20 appropriate training as determined by the training, hospital or clinic, utilizes telehealth to observe 21 and advise the on-site provider 24 regarding the administration of the examination. 25 22 Section 7. That a NEW SECTION be added to chapter 22-22: 26 23 A hospital licensed in accordance with chapter 34-12, except a specialized hospital, 27 24 shall establish and maintain policies and procedures regarding the administration of 28 25 forensic medical examinations. The policies and procedures must: 29 26 (1) State whether the hospital provides forensic medical examinations on-site, and if 30 so, identify the types of providers who administer the examinations; 31 on-site; 27 (2) If the hospital does not provide examinations on-site, or if a provider is not 32 available: 33 26.30.16 5 87 Underscores indicate new language. Overstrikes indicate deleted language. (a) Identify a 28 available, address timely transfers and referrals to another hospital or clinic that 29 provides examinations, in order to which a patient may be referred or transferred 1 for an examination; 2 (b) Specify the timeframe, after presentation, within which a patient must be 3 referred or transferred for an examination; and 4 (c) Ensure transfers and referrals are timely, safe, and best preserve the integrity 5 of forensic evidence; 6 30 (3) If the hospital provides examinations on-site, address how the hospital coordinates 7 31 with law enforcement agencies in: 8 (a) The collection, preservation, for the processing, storage, and transportation of evidence; 9 (b) The administration and processing of sexual assault kits in accordance with 10 chapter 23-5C; and 11 (c) The maintenance of 32 the chain of custody of evidence; 12 33 26.30.17 5 87 Underscores indicate new language. Overstrikes indicate deleted language. (4) Address how the hospital coordinates with the sexual assault response team that 13 1 provides services to the county in which the hospital is located, if applicable; 14 and 2 (5) Address how the hospital provides information, to a patient requesting an 15 3 examination, on the availability of and resources from victim advocates; 16 (6) Incorporate trauma-informed care practices; and 17 (7) Ensure patient privacy and dignity. 18 The hospital shall publish the policies and procedures on the hospital's website. 19 The hospital shall provide an informational sheet that summarizes the policies and 20 procedures to a patient upon request. 21 advocates. 4 Section 8. That a NEW SECTION be added to chapter 22-22: 22 5 If a clinic provides forensic medical examinations, the clinic must establish and 23 6 maintain policies and procedures regarding the administration of the examinations. The 24 7 policies and procedures must: 25 8 (1) Identify the types of providers who administer the examinations; 26 9 (2) If a provider is not available: 27 (a) Identify a available, address timely transfers and referrals to another 10 hospital or clinic that provides examinations, in order to which a patient may be referred or transferred 28 for an examination; 29 (b) Specify the timeframe, after presentation, within which a patient must be 30 referred or transferred for an examination; and 31 (c) Ensure transfers and referrals are timely, safe, and best preserve the integrity 32 11 of forensic evidence; 33 12 (3) Address how the clinic coordinates with law enforcement agencies in: 34 26.30.16 6 87 Underscores indicate new language. Overstrikes indicate deleted language. (a) The collection, preservation, for the 13 processing, storage, and transportation of evidence; 1 (b) The administration and processing of sexual assault kits in accordance with 2 chapter 23-5C; and 3 (c) The maintenance of the chain of custody of evidence; 4 14 (4) Address how the clinic coordinates with the sexual assault response team that 5 15 provides services to the county in which the clinic is located, if applicable; 6 and 16 (5) Address how the clinic provides information, to a patient requesting an 7 17 examination, on the availability of and resources from victim advocates; 8 (6) Incorporate trauma-informed care practices; and 9 (7) Ensure patient privacy and dignity. 10 The clinic shall publish the policies and procedures on the clinic's website. The clinic 11 shall provide an informational sheet that summarizes the policies and procedures to a 12 patient upon request. 13 advocates. 18

26.30.17 26.30.18 101st Legislative Session 87 2026 South Dakota Legislature Senate Bill 87 SENATE HEALTH AND HUMAN SERVICES ENGROSSED Introduced by: Senator Reed Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to clarify and establish requirements related to forensic medical 1 examinations. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 22-22-26 be AMENDED: 4 22-22-26. The county where an alleged rape or sexual offense occurred must shall 5 pay the cost of any forensic medical examination performed by a physician, hospital, or 6 clinic on the victim of the alleged rape or sexual offense. 7 The cost of a forensic medical examination includes: 8 (1) PhysicianProvider, Provider, hospital, or clinic services directly related to the forensic medical 9 examination; 10 (2) Necessary forensic supplies; 11 (3) Scope procedures directly related to the forensic medical examination, including 12 anoscopy and colposcopy; 13 (4) Laboratory testing directly related to the forensic medical examination, including 14 drug screening, urinalysis, pregnancy screening, syphilis screening, chlamydia 15 culture, gonorrhea coverage culture, HIV screening, hepatitis B and C screening, 16 herpes culture, and any other sexually transmitted disease testing directly related 17 to the examination; 18 (5) Any medication provided during the forensic medical examination; and 19 (6) Any radiology service directly related to the forensic medical examination. 20 Section 2. That § 22-22-26.2 be AMENDED: 21 22-22-26.2. Each physician, hospital, hospital and clinic conducting an that provides a 22 forensic medical examination under § 22-22-26 shall coordinate with the county to 23 establish a payment process by which the county shall pay for the cost of any forensic 24 medical the examination performed under § 22-22-26, examination, and to notify any victim of rape or 25 26.30.17 2 87 Underscores indicate new language. Overstrikes indicate deleted language. sexual offense of the availability of a forensic medical an examination at no cost to the 1 victim. A victim of rape or sexual offense is not required to participate in the criminal 2 justice system or to cooperate with law enforcement to be provided with a forensic medical 3 examination without cost to the victim. 4 examination. 26.30.18 2 87 SB87 ENROLLED The amount paid to a physician, hospital, hospital or clinic for a forensic medical exam 5 examination performed under § 22-22-26 may not exceed the actual cost of the forensic 6 medical examination or an amount established by the secretary of the Department of 7 Social Services, whichever is less. The amount established by the secretary under this 8 section shall must be based on Medicaid medicaid payment methodology. A physician, 9 hospital, hospital or clinic may not maintain a claim against a county for any amount that exceeds 10 the usual, ordinary, and reasonable charge for a forensic medical examination, including 11 an even if the amount that is less than the actual cost of the forensic medical examination. 12 If the physician, hospital, hospital or clinic performs provides forensic medical examinations, or 13 any portion of a forensic medical an examination, to persons who are medically indigent 14 residing in the county in which the physician, hospital, hospital or clinic is located, at a cost less 15 than the amount provided for in this section, the physician, hospital, hospital or clinic shall must 16 furnish the forensic medical examination, or any applicable portion of the forensic medical 17 examination, at the lower cost. 18 Section 3. That § 22-22-26.3 be AMENDED: 19 22-22-26.3. A minor age sixteen or older may consent to a forensic medical 20 examination, as defined under § 22-22-26.5. examination. The minor's consent is not subject to 21 disaffirmance because of minority, and consent of a parent or guardian is not required 22 under this section. The physician, hospital, hospital or clinic shall take reasonable steps to notify 23 a minor's parent or guardian that an examination has taken place, unless the parent or 24 guardian is the suspected perpetrator. 25 Section 4. That § 22-22-26.4 be AMENDED: 26 22-22-26.4. A physician, hospital, hospital or clinic may provide a forensic medical 27 examination, as defined under § 22-22-26.5, examination without the consent of a guardian of a 28 protected person, as those terms are defined under § 29A-5-102, to any protected person 29 who provides informed consent. If a patient has a guardian, the physician, hospital, hospital or 30 clinic must make a good faith effort to notify the guardian, before the forensic medical 31 examination, that the patient provided informed consent for the examination and the 32 examination will take place, unless the guardian is the suspected perpetrator. 33 26.30.17 3 87 Underscores indicate new language. Overstrikes indicate deleted language. If the attending physician, physician assistant, nurse practitioner, or sexual assault 1 nurse examiner makes a good faith determination that a patient is incapable of giving 2 informed consent under this section, neither the physician, physician assistant, nurse 3 practitioner, or nurse examiner, nor the hospital or clinic, may be subject to criminal 4 prosecution, civil liability, or professional discipline for failing to follow the patient's 5 direction or for making the determination. 6 26.30.18 3 87 SB87 ENROLLED If the attending physician, physician assistant, nurse practitioner, or sexual assault 7 nurse examiner makes a good faith determination that a patient is capable of giving 8 informed consent under this section, neither the physician, physician assistant, nurse 9 practitioner, or nurse examiner, nor the hospital or clinic, may be subject to criminal 10 prosecution, civil liability, or professional discipline for following a patient's direction or for 11 making the determination. 12 For purposes of this section, the term "informed consent" means consent 13 voluntarily, knowingly, and competently given without any element of force, fraud, deceit, 14 duress, threat, or other form of coercion after conscientious explanation of all information 15 that a reasonable person would consider significant to the decision in a manner reasonably 16 comprehensible to general lay understanding. 17 Section 5. That § 22-22-26.5 be AMENDED: 18 22-22-26.5. For the purposes of §§ 22-22-26 to 22-22-26.4, inclusive, and 19 sections 6 to 8, inclusive, of this Act, the term "forensic following terms mean: 20 (1) "Forensic medical examination," includes a medical assessment, administered in 21 accordance with section 6 of this Act, with the following components: 22 (1)(a) (a) Examination of physical trauma; 23 (2)(b) (b) Patient interview, determination of medical history, triage, and 24 consultation; and 25 (3)(c) (c) Collection and evaluation of any evidence, including any photographic 26 documentation; preservation and maintenance of the chain of custody of 27 evidence; medical specimen collection; and any assessment of whether an 28 alcohol-facilitated sexual assault or a drug-facilitated sexual assault 29 occurred and any toxicology screening deemed necessary by the attending 30 physician, physician assistant, nurse practitioner, or sexual assault nurse 31 examiner; 32 26.30.17 4 87 Underscores indicate new language. Overstrikes indicate deleted language. (2) "Sexual assault nurse examiner," a registered nurse, licensed in accordance with 1 chapter 36-9, who has completed specialized education and clinical training in the 2 medical forensic care of patients who have experienced sexual assault; and 3 (3) "Sexual assault response team," a multidisciplinary, interagency group of law 4 enforcement officials, health care providers, victim advocates, and representatives 5 from state's attorney offices, who collaborate to provide a coordinated response to 6 sexual assault and to improve health and judicial outcomes for victims. 7 26.30.18 4 87 SB87 ENROLLED Section 6. That a NEW SECTION be added to chapter 22-22: 8 A forensic medical examination may be administered only by a: 9 (1) Physician licensed in accordance with chapter 36-4; 10 (2) Physician assistant licensed in accordance with chapter 36-4A; 11 (3) Nurse practitioner licensed in accordance with chapter 36-9A; or 12 (4) Sexual assault nurse examiner. 13 Except as otherwise provided in this section, a hospital or clinic that provides 14 forensic medical examinations shall ensure that the physician, physician assistant, or 15 nurse practitioner who administers the examination has completed appropriate training, 16 as determined by the hospital or clinic, to conduct the examination. 17 A physician, physician assistant, or nurse practitioner may administer a forensic 18 medical examination without completing any additional training, if a sexual assault nurse 19 examiner, or a physician, physician assistant, or nurse practitioner, who has completed 20 appropriate training as determined by the hospital or clinic, utilizes telehealth to observe 21 and advise the on-site provider regarding the administration of the examination. 22 Section 7. That a NEW SECTION be added to chapter 22-22: 23 A hospital licensed in accordance with chapter 34-12, except a specialized hospital, 24 shall establish and maintain policies and procedures regarding the administration of 25 forensic medical examinations. The policies and procedures must: 26 (1) State whether the hospital provides forensic medical examinations on-site; 27 (2) If the hospital does not provide examinations on-site, or if a provider is not 28 available, address timely transfers and referrals to another hospital or clinic that 29 provides examinations, in order to best preserve the integrity of forensic evidence; 30 (3) If the hospital provides examinations on-site, address how the hospital coordinates 31 with law enforcement agencies for the processing, storage, and maintenance of 32 the chain of custody of evidence; 33 26.30.17 5 87 Underscores indicate new language. Overstrikes indicate deleted language. (4) Address how the hospital coordinates with the sexual assault response team that 1 provides services to the county in which the hospital is located, if applicable; and 2 (5) Address how the hospital provides information, to a patient requesting an 3 examination, on the availability of and resources from victim advocates. 4 Section 8. That a NEW SECTION be added to chapter 22-22: 26.30.18 5 87 SB87 ENROLLED If a clinic provides forensic medical examinations, the clinic must establish and 6 maintain policies and procedures regarding the administration of the examinations. The 7 policies and procedures must: 8 (1) Identify the types of providers who administer the examinations; 9 (2) If a provider is not available, address timely transfers and referrals to another 10 hospital or clinic that provides examinations, in order to best preserve the integrity 11 of forensic evidence; 12 (3) Address how the clinic coordinates with law enforcement agencies for the 13 processing, storage, and maintenance of the chain of custody of evidence; 14 (4) Address how the clinic coordinates with the sexual assault response team that 15 provides services to the county in which the clinic is located, if applicable; and 16 (5) Address how the clinic provides information, to a patient requesting an 17 examination, on the availability of and resources from victim advocates. 18 26.30.18 6 87 SB87 ENROLLED An Act to clarify and establish requirements related to forensic medical examinations. I certify that the attached Act originated in the: Senate as Bill No. 87 Secretary of the Senate President of the Senate Attest: Secretary of the Senate Speaker of the House Attest: Chief Clerk of the House Senate Bill No. 87 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State