Official Summary Text
revise provisions related to birth centers and the practice of certified professional midwives at birth centers.
Official keyword topics:
Health Care
Public Health and Safety
Official sponsor note: Representatives <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4822/Detail">Soye</a> (prime), <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4731/Detail">Andera</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4734/Detail">Aylward</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4737/Detail">Baxter</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4749/Detail">Emery</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4753/Detail">Goodwin</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4761/Detail">Heinemann</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4764/Detail">Hughes</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4767/Detail">Ismay</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4770/Detail">Jensen (Phil)</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4771/Detail">Jordan</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4772/Detail">Jorgenson</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4775/Detail">Kayser</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4783/Detail">Manhart</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4789/Detail">Moore</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4796/Detail">Novstrup</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4804/Detail">Pourier</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4805/Detail">Randolph</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4811/Detail">Rice</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4818/Detail">Schwans</a>, and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4820/Detail">Sjaarda</a> and Senators <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4756/Detail">Grove</a> (prime), <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4740/Detail">Carley</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4762/Detail">Hohn</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4765/Detail">Hulse</a>, <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4802/Detail">Peterson (Sue)</a>, and <a rel="noopener" href="https://sdlegislature.gov/Legislators/Profile/4803/Detail">Pischke</a>
Current Bill Text
Read the full stored bill text
26.208.9 101st Legislative Session 1127
2026 South Dakota Legislature
House Bill 1127
Introduced by: Representative Soye
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to revise provisions related to birth centers and the practice of certified 1
professional midwives at birth centers. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That § 34-12-59 be AMENDED: 4
34-12-59. Except as provided in § 34-12-60, no person may establish or operate 5
a birth center in this state without an appropriate a license issued under §§ 34-12-57 to 6
34-12-63, inclusive by the Department of Health in accordance with § 34-12-61. 7
Section 2. That § 34-12-60 be AMENDED: 8
34-12-60. The following facilities are exempt from the requirements of §§ 34-12-9
57 to 34-12-63 section 5 of this Act, inclusive: 10
(1) A hospital licensed pursuant to this chapter; and 11
(2) A critical access hospital licensed pursuant to this chapter. 12
Section 3. That § 34-12-61 be AMENDED: 13
34-12-61. An applicant for A person seeking a birth center license shall submit an 14
application to the Department of Health on a form prescribed by the department. The 15
application shall must be accompanied by a nonrefundable license fee of five hundred 16
dollars. The department shall issue a license if, after inspection and investigation, the 17
department finds that the application and birth center meet the requirements of §§ 34-18
12-57 to 34-12-63 section 5 of this Act , inclusive. The birth center license is renewable 19
annually on a form prescribed by the department. 20
Section 4. That § 34-12-63 be AMENDED: 21
26.208.9 2 1127
Underscores indicate new language.
Overstrikes indicate deleted language.
34-12-63. A birth center shall adopt, implement, and enforce a written risk 1
assessment system that conforms to the patient assessment protocols established 2
pursuant to § 34-12-62. A birth center A practitioner shall perform the risk assessment of 3
a potential client prior to accepting the client for admission and shall only may admit only 4
a client that who has been assessed to have a low -risk pregnancy. A birth center client 5
practitioner shall be continually assessed assess a client to identify if her condition 6
deviates from a low -risk pregnancy at any time during the pregnancy, delivery, or 7
postpartum period. At least one practitioner or registered nurse must be on duty in the 8
birth center at all times if a client is in active labor. The birth center practitioner shall refer 9
or transfer the client to a physician or hospital in accordance with the standards 10
established pursuant to § 34-12-62. 11
Any licensed practical nurse or other nursing personnel involved in client care must 12
be under the direct supervision of a practitioner or registered nurse licensed in accordance 13
with chapter 36-9. 14
For purposes of this section, "practitioner" means a: 15
(1) Physician licensed in accordance with chapter 36-4; 16
(2) Certified nurse midwife authorized to practice nurse midwifery as provided in 17
chapter 36-9A; or 18
(3) Certified professional midwife licensed in accordance with chapter 36-9C. 19
Section 5. That a NEW SECTION be added to chapter 34-12: 20
A birth center must have a written plan for each client that: 21
(1) Addresses the client's medical, physical, mental, and emotional needs; 22
(2) Is based on a physical examination of the client and an assessment of the client's 23
medical history upon admission; and 24
(3) Is approved by the client's attending practitioner, as defined § 34-12-63. 25
Each client's attending practitioner is responsible for documenting orders and 26
progress notes on the client's medical record. 27
Section 6. That § 34-12-58 be REPEALED. 28
Any birth center shall be located within thirty minutes normal driving time of a 29
hospital licensed pursuant to this chapter that provides routine birth services. 30