HB1138

Require the licensure of non-medical home care agencies, and to provide a penalty therefor.

Vetoed·3/30/26

South Dakota HB1138 requires licensing for non-medical home care agencies and sets penalties for unlicensed operation.

South Dakota HB1138 mandates that non-medical home care agencies must be licensed by the Department of Health. The bill outlines the application process, fees, and training requirements for home care aides. It also establishes a regulatory fund for fees collected. The bill exempts certain entities, including those providing care to family members, from licensing requirements. Operating without a license is a Class 1 misdemeanor. The Department of Health can inspect agencies, deny licenses, and revoke them for violations.

Included in complete analysis

  • Overview
  • Core Provisions
  • Implementation
  • Impact
  • Legal Framework
  • Critical Issues

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Sponsors

DDD
3
10
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Democratic CaucusRepublican Caucus

Roll Call Votes

36 Yea

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27 Nay

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7 Absent

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Calendar

Mar 4

12:00 AM

Senate Health and Human Services Hearing

Feb 10

12:00 AM

House Health and Human Services Hearing

History

Mar 30

House

Vetoed by the Governor on March 30, 2026 H.J. 580

Mar 30

House

Veto override, Failed, YEAS 36, NAYS 27. H.J. 582

Mar 30

House

Delivered veto sustained to the Secretary of State H.J. 583