SB 87

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