South Dakota · Legislation Insight

HB1149: The Hidden Cost Athletic Trainers Need to Know

A provision in South Dakota's new athletic trainer licensure compact requires practitioners to pay for their own fingerprint background checks—a cost many didn't anticipate.

Most South Dakota health services owners haven't heard of HB1149, the bill adopting the athletic trainer licensure compact. Those who have often focus on the main benefit: the ability to practice across state lines without obtaining separate licenses in each state. But buried in the bill is a provision that creates a direct, out-of-pocket compliance cost that applies to every athletic trainer who wants to use that interstate privilege.

What the Provision Requires

Under Section 1 of HB1149, any athletic trainer seeking to use the interstate Compact Privilege must personally pay for and complete a state and federal fingerprint-based criminal background check before they can enter the compact. This is not optional. There is no waiver, no cap on the fee, and no mechanism for the state to absorb the cost.

For independent contractors, solo practitioners, and small business owners operating athletic training services, this means budgeting for an additional compliance expense before gaining access to multistate practice rights. The bill does not specify the exact fee amount, which may vary depending on the vendor and processing requirements set by the state and federal agencies conducting the fingerprint check.

Who This Affects

The requirement applies to any athletic trainer in South Dakota who wants to use the compact to practice in other member states. It also applies to out-of-state athletic trainers seeking to practice in South Dakota under the same compact privilege. If you operate as an independent contractor, run a small practice, or are employed by a health service that reimburses licensing costs, you'll need to account for this expense in your budget or fee structure.

Athletic trainers who do not plan to practice across state lines are not required to undergo this check, but those seeking the convenience and business advantage of multistate licensure have no choice.

Timeline and Activation

HB1149 is effective upon enactment. However, the compact itself does not activate until seven member states have adopted it (Section 12.A, Page 24). South Dakota's adoption counts as one state toward that threshold. Once the seventh state enacts the compact, the system becomes operational, and the background check requirement takes effect for anyone seeking to enter the compact at that time or later.

This means the requirement is law now, but the practical deadline for compliance depends on when the compact reaches the seven-state threshold.

What You Should Do

If you employ athletic trainers or operate as one, review your licensing and credentialing budget. Determine whether multistate practice is part of your business plan. If it is, factor in the fingerprint background check cost as a one-time compliance expense per practitioner. If you're unsure about the fee amount or processing timeline in South Dakota, contact your state licensing board or the compact administrator once it becomes operational.

The compact offers real business advantages for practitioners and services that operate across state lines. But like any regulatory tool, it comes with costs that deserve attention before you commit.

Source: HB1149, Section 1, Page 1; Section 12.A, Page 24. South Dakota Legislature.

Source: HB1149 · Section 1, Page 1 · Effective upon enactment; Compact itself activates upon seventh Member State enactment (Section 12.A, Page 24) · Legislative data via LegiScan (CC BY 4.0), read and summarized by RESignal. Awareness, not legal advice — verify at the source.
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