South Dakota2026Vetoed

HB1138

HB1138: Licensing Rules for Non-Medical Home Care Agencies

Last scannedAug 25, 2026, 3:29 AM

In one sentence

This bill requires non-medical home care agencies in South Dakota to get a license, pay fees, train staff, and pass background checks before they can operate.

Requires all non-medical home care agencies to obtain a one-year license from the Department of Health.
Mandates that agency owners and aides complete criminal history background checks with no disqualifying convictions for crimes of violence, sex crimes, or Class A/B felonies.
Sets training rules requiring aides to finish eight hours of instruction on safety, dementia care, abuse prevention, and other topics within six months of employment.
Requires agencies to carry professional liability insurance worth at least $250,000 per incident.
Creates a new state fund using license fees to pay for the costs of running this program.

Non-medical home care agencies that provide services like bathing assistance or meal preparation.
Home care aides who work for these agencies and must complete training and background checks.
The Department of Health, which will issue licenses, inspect agencies, and manage the new fund.

This bill was vetoed by the Governor on March 30, 2026, so it did not become law at that time.
The specific rules for training programs and application details will be written later by the Department of Health.

Plain language

Non-medical home care agency: A business that provides help with daily tasks like bathing or cooking so a person can stay safely in their own home for compensation as part of regular business.
Home care aide: A worker hired by an agency to provide non-medical services to clients for pay.
Class 1 misdemeanor: The type of criminal penalty given to anyone who operates a home care agency without a license.

Official record

Source attached

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

Official activity