26.282.2626.282.27 101st Legislative Session 1105 South Dakota Legislature House Bill 1105 HOUSE STATE AFFAIRS ENGROSSED Introduced by:
Representative Overweg An Act to restrict contracts and declarations that prohibit the use of commercial or residential property for any healthcare service in municipalities and townships with populations of less than three thousand, in medically underserved areas,areas or communities, or in areas with a medically underserved population.population under federal law.
Notwithstanding the provisions of § 11-5-1, an owner of real property zoned for commercial or residential use may not impose, by contract or declaration as set forth in § 11-5-2, any regulation or restriction that prohibits use of the real property for a healthcare service, if the real property is located in:in a medically underserved area, a medically underserved community, or a county with a medically underserved population, as designated by the Department of Health in accordance with the Public Health Service Act, 42 U.S.C.
(1) A municipality or township with a population of less than three thousand, as determined by the last preceding federal census;
or Overstrikes indicate deleted language.
26.282.26 2 1105 (2) A geographic area that is designated either as a medically underserved area or as having a medically underserved population by the Department of Health in accordance with the Public Health Service Act, 42 U.S.C.
ForOverstrikes purposesindicate ofdeleted thislanguage. section, "healthcare service" means any service provided by an accredited, certified, or licensed facility or practitioner for the purpose of curing, diagnosing, preventing, relieving, or treating any health-related condition, disease, emergency, illness, or injury.
26.282.27 2 1105 For purposes of this section, "healthcare service" means any service provided by an accredited, certified, or licensed facility or practitioner for the purpose of curing, diagnosing, preventing, relieving, or treating any health-related condition, disease, emergency, illness, or injury.