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South Dakota Bill 1153 protects healthcare providers from participation in services violating conscience and prohibits discrimination

Original title: protect certain rights of healthcare providers.

Last action · February 10, 2026: Do Pass AmendedSponsors: Les Heinemann and 4 others

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Proposed

Healthcare providers in South Dakota may decline to participate in or pay for medical services that violate their without facing professional discrimination, liability, or credential revocation. State agencies are barred from sanctioning providers for protected speech unless clear and convincing evidence demonstrates direct patient harm within the preceding three years. Aggrieved providers may file civil lawsuits to recover damages, legal costs, and attorney fees.

Why it matters

The measure establishes legal protections allowing individual practitioners, clinics, and health plans to refuse specific medical procedures based on ethical, moral, or religious beliefs while creating civil remedies and statutory penalties for state licensing bodies that fail to provide timely complaint copies.

Background
  • House Bill 1153 was introduced during the 101st Legislative Session of the South Dakota Legislature in 2026. context
  • Conscience clause legislation addresses the legal right of medical professionals and institutions to decline participation in procedures that conflict with their ethical, moral, or religious beliefs. context

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

Healthcare providers

Practitioners, institutions, and health plans gain legal protections to decline objectionable services, protection from discrimination and liability, and the right to sue for damages.

Directly affected

State regulatory agencies

Agencies such as the Department of Health face new evidentiary standards for disciplining providers and incur financial penalties for failing to furnish complaint copies within twenty-one days.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

Can a healthcare provider refuse to participate in any medical service?
A provider may decline to participate in or pay for a specific medical service that violates their , provided the right is limited to a particular service and does not violate existing contractual payment obligations to an insured party.
What happens if a state agency takes more than 21 days to provide a copy of a complaint against a provider?
The state agency or credentialing body must pay the provider an administrative penalty of five hundred dollars for each day exceeding the twenty-first day until the copy is furnished.
What remedies are available if a healthcare provider experiences discrimination under this measure?
An aggrieved provider may commence a civil action to obtain injunctive and declaratory relief, recover damages, and collect court costs alongside reasonable attorney fees.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

This bill did not become law - Died at adjournment · in House committee.

Procedural history

5 actions
  1. Feb 10, 2026HouseCommittee
    Do Pass Amended
  2. Feb 5, 2026HouseCommittee
    Do Pass Amended
  3. Feb 5, 2026House
    Motion to amend
  4. Feb 5, 2026House
    Scheduled for hearing
  5. Jan 27, 2026HouseIntroduced
    First read in House and referred to

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Voting Record

Motion failedHouse2/10/2026South Dakota LegislatureOfficial roll call ↗

Do Pass Amended

Total

70

Yes
25
No
41
Present
0
Not voting
0
Abstain
0
Other positions
4

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift95% confidence

Introduction of Statutory Civil Remedies for Conscience Violations

The bill creates an explicit private right of action enabling aggrieved providers to recover damages and attorney fees alongside administrative penalties for delayed complaint processing.

Connected Entities

State Board of Medical and Osteopathic Examiners, Bobbi Andera, Bethany Soye and 5 more
OrganizationState Board of Medical and Osteopathic Examiners“State licensing and regulatory body”Map →
PersonBobbi Andera“Legislative cosponsor”Map →
PersonBethany Soye“Legislative cosponsor”Map →
PersonJosephine Garcia“Legislative cosponsor”Map →
PersonLes Heinemann“Representative introducing the bill”Map →
PersonJim Mehlhaff“Legislative sponsor”Map →
OrganizationOffice for Civil Rights“Office within the United States Department of Health and Human Services”Map →
OrganizationUnited States Department of Health and Human Services“Federal agency charged with protecting healthcare rights”Map →

Sources

Open source document

sdlegislature.gov

Analysis Score

0–100
  • Significance20
    Lowered because this bill did not pass (its text scored 75)
  • Controversy85
    Intensity of disagreement among stakeholders
  • Entertainment10
    Compellingness for a non-policy-wonk reader
  • Buzz45
    Current news / social attention level

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