South Dakota: AI health lawsYour state
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South Dakota has no state rule in force on AI in health care and no AI-specific duty on physicians.
South Dakota has no comprehensive consumer privacy, consumer health data or biometric privacy law, and it is not on the National Association of Insurance Commissioners' list of states that have adopted its AI model bulletin for insurers. Its 2025 and 2026 AI measures, on election deepfakes and digitally fabricated images, are outside the map's scope.
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No statute requires a physician to make a utilization review denial, limits a health carrier's use of AI, or requires a conversational AI service to disclose that a user is talking to AI, refer suicidal users to a crisis hotline or not claim to provide mental health care. Two 2026 bills died: SB 169, on carriers' AI in utilization review, was withdrawn Feb. 17, and SB 168, on chatbot disclosures and crisis referrals, was deferred to the 41st legislative day Feb. 12.
Nothing in these categories was found in the review of Nov. 4, 2026: payer and utilization review AI; patient disclosure of AI use; clinical decision and chatbot limits; mental health AI; data and privacy.
Failed or withdrawn bills (2)
SB 168, Regulate the use of chatbots by minors
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SB 169, Place requirements on the use of artificial intelligence systems by health carriers in making determinations about the provision of health care services
What applies to me in South Dakota: physician, practice owner, hospital.
Federal law also applies in every state: see federal law and policy.
Calendar of dates laws take effect (South Dakota): subscribe or download the .ics file.
General information, not legal advice. The whole map is available as data at /law-map/laws.json.