South Dakota legislation · 101st Legislature (2026)
South Dakota HB1138: require the licensure of non-medical home care agencies, and to provide a penalty therefor.
Status: Chaptered, March 30, 2026
What the bill says
An Act ENTITLED An Act to require the licensure of non-medical home care agencies, and to provide a penalty therefor.
From the enrolled text, March 9, 2026:
An Act ENTITLED An Act to require the licensure of non-medical home care agencies, and to provide a penalty therefor. Be it enacted by the Legislature of the State of South Dakota: Section 1. That a NEW SECTION be added to a NEW CHAPTER in title 34: Terms defined in this chapter mean: (1) "Client," an individual, at least eighteen years of age, who receives non-medical home care services from a home care aide; (2) "Department," the Department of Health; (3) "Home care aide," an individual employed by or under contract with a non-medical home care agency to provide non-medical home care services for wages in return for services rendered; (4) "Non-medical home care agency," a person that, for compensation and as a regular part of a business, provides, or employs or contracts with home care aides to provide, non-medical home care services intended to enable a client to remain safely in the client's personal residence; and (5) "Non-medical home care services," two or more of the following, when provided by a home care aide to a client: (a) Assistance with bathing, dressing, eating, personal grooming, or toileting; (b) Assistance with the self-administration of medications; (c) Companionship; (d) Housekeeping or assistance with household chores; (e) Meal preparation; or (f) Other routine activities of daily living that are not required to …
Sponsors
- Mellissa Heermann (R, HD-007) · primary sponsor
- Stephanie Sauder (R, SD-004) · primary sponsor
- Roger Degroot (R, HD-007)
- Eric Emery (D, HD-026)
- Timothy Goodwin (R, HD-030)
- Scott Moore (R, HD-023)
- Erik Muckey (D, HD-015)
- Marty Overweg (R, HD-021)
- Carl Perry (R, 03)
- Tim Reed (R, 07)
- Kent Roe (R, HD-004)
- Brandon Wipf (R, SD-022)
Latest actions
- : Delivered veto sustained to the Secretary of State
- : Veto override
- : Vetoed by the Governor
- : Delivered to the Governor
- : Signed by the President
- : Signed by the Speaker
- : Do Pass Amended
- : Do Pass
- : Scheduled for hearing
- : First read in Senate and referred to Health and Human Services
Votes
- Do Pass Amended (March 5, 2026): 20 yea, 14 nay, passed
- Do Pass (March 4, 2026): 5 yea, 2 nay, passed
- Veto override (February 10, 2026): 36 yea, 27 nay, passed
- Deferred to the 41st legislative day (February 10, 2026): 8 yea, 5 nay, passed
- Do Pass Amended (February 4, 2026): 41 yea, 25 nay, passed
- Placed on calendar pursuant to JR 6F-6 (January 28, 2026): 48 yea, 19 nay, passed
Subjects: Administrative Procedure, Fees, Licensure, Fund, Promulgation of Rules, Criminal Background Investigation, Public Health and Safety, Delayed Effective Date
Common questions
- What is HB1138?
- HB1138 is a bill in the South Dakota Legislature (101st Legislature (2026)): require the licensure of non-medical home care agencies, and to provide a penalty therefor.
- What does HB1138 do?
- In its own words: An Act ENTITLED An Act to require the licensure of non-medical home care agencies, and to provide a penalty therefor.
- What is the status of HB1138?
- Chaptered as of March 30, 2026. Latest action: Delivered veto sustained to the Secretary of State (March 30, 2026).
- Who sponsored HB1138?
- Mellissa Heermann (R, HD-007), with 11 co-sponsors.
- Where is the official record for HB1138?
- On the South Dakota Legislature website: https://sdlegislature.gov/Session/Bill/26906
Source: official South Dakota record. Tracked by Delilah, AI for legislation across all 50 states and Congress.