South Dakota law sets rules for sexual assault medical exams

The county where the alleged offense occurred pays the exam costs, and the hospital or clinic tells victims the exam is free to them. The payment duty applies to the county where the alleged rape or sexual offense occurred and to hospitals or clinics that provide the exam. A victim does not have to take part in the criminal justice system or cooperate with law enforcement to receive an exam. Payment to a hospital or clinic cannot exceed the actual cost or the amount set by the Department of Social Services, whichever is lower. The department's amount must use Medicaid payment methods. A provider cannot claim more than its usual, ordinary, and reasonable charge. If it offers exams or part of an exam to medically indigent county residents for less, it must charge that lower amount.

A person age sixteen or older may consent to their own forensic medical exam. A hospital or clinic may examine a protected person who gives informed consent without a guardian’s consent. The rules cover minors age sixteen or older and protected people, a legal category defined elsewhere in state law. For a minor, the hospital or clinic must take reasonable steps to notify a parent or guardian after the exam, unless that person is the suspected perpetrator. For a protected person with a guardian, the hospital or clinic must make a good faith effort to notify the guardian before the exam, unless the guardian is the suspected perpetrator. Informed consent must be voluntary and informed, given by someone able to understand after an explanation of important information in plain language. Providers and facilities are protected from prosecution, civil liability, or professional discipline for good faith decisions about a patient's ability to consent and for following the patient's direction.

Hospitals and clinics that provide exams must set procedures for providing them, including referrals when a provider is unavailable. Hospitals must also say whether they offer exams on-site. These rules apply to licensed hospitals, except specialized hospitals, and to clinics that provide forensic medical exams. Exams may be given only by a licensed physician, physician assistant, nurse practitioner, or specially trained sexual assault nurse examiner. Hospitals must ensure that physicians, physician assistants, and nurse practitioners have appropriate training, unless a trained provider or sexual assault nurse examiner observes and advises by telehealth. Hospital procedures must cover evidence handling with law enforcement, coordination with the local sexual assault response team when applicable, and information about victim advocates. Clinic procedures must cover provider types, referrals, evidence handling, applicable response-team coordination, and victim advocate information.