Rep. Les Heinemann, R-Flandreau, speaks on the South Dakota House floor on Feb. 9, 2026, at the Capitol in Pierre. (Photo by Makenzie Huber/South Dakota Searchlight)
PIERRE — Legislation that would have allowed South Dakota health care providers to refuse to perform services for patients failed Tuesday at the Capitol. The House of Representatives voted 41-25 against the bill.
Rep. Leslie Heinemann, R-Flandreau, introduced the bill. He said it would allow health care providers to refuse to participate in services that violate their conscience.
“No one should be forced to choose between their faith and their profession,” Heinemann said.
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The bill could apply to abortions, vaccinations and transgender surgeries, supporters of the bill told lawmakers earlier in the process. It would also add protections beyond federal law or existing health care organization policies in the state.
Lawmakers who spoke against the legislation on the House floor were concerned it was too broad. Rep. Nick Fosness, R-Britton, is CEO of the Avera Marshall County Healthcare Center.
“There’s unintended consequences from the legislation that feels like one more regulation for our health care systems,” Fosness said.
Rep. Taylor Rehfeldt, R-Sioux Falls, is a nurse anesthetist and also spoke against the bill. She said the bill would remove trust between patients and providers.
“I believe that our moral, ethical and religious responsibility is to defend the system where patients do come first, not personal ideology,” Rehfeldt said. “This bill compromises the integrity, safety and compassion South Dakota patients deserve.”
