What You Need to Know About Opening a Sober Living Home in South Dakota

Here’s some pointers on opening a sober living home in South Dakota, home to the renowned “24/7 Sobriety Program.”

Opioids and Methamphetamines Have Hit South Dakota Harder Than Most States

While the whole country has seen a surge in opioid overdose deaths and methamphetamine use, South Dakota has been hit harder than most states. Between 2014 and 2018, treatment for meth addiction shot up 200% in South Dakota.

Opioids saw an ugly surge in the state as well, with Native Americans hit particularly hard. In just one example of many, Oglala Lakota County, home of the Oglala Lakota tribe, saw an opioid overdose death rate more than double the national average in 2016.

At the same time, South Dakota is considered an opioid treatment desert. South Dakota ranks last among states in terms of the rate of MAT prescriptions being written for OUD patients. Fewer than 67 out of 100,000 OUD patients receive MAT in South Dakota, where there is only one opioid treatment clinic in the entire state.

Demand for Recovery Residences is High, but Sober Living Homes Are Not Regulated Extensively by the State of South Dakota

While South Dakota has an increasing need for more sober living homes to support the number of individuals seeking treatment for addiction, there are not nearly enough homes to serve the community as-is.

There is no licensing or certification program available to sober living home operators in South Dakota. That means that licensing is not only not required, it is not even possible at the state level. There is no NARR (National Alliance for Recovery Residences) affiliate in South Dakota. The state is listed as neither a current nor “emerging” on the NARR website. South Dakota’s Department of Health and Human Services does not oversee any general licensing program for sober living homes, either. However, cities and counties may have their own group home, boarding home, or other local ordinances that impose additional requirements. You must verify all local regulations with your municipality and consult a qualified local attorney before beginning operations.

Legislation is in Progress That May Impose Some Licensing Requirements on Sober Living Homes in South Dakota

While sober living homes are not required to seek licensure, certification or registration with the state in South Dakota at this time, that may soon change.

Representative Olson introduced House Bill 1161 in January 2022, which seeks to make registration of sober living homes a mandatory requirement for all operators in the state. (Note: This bill is not to be confused with a recent failed bill that goes by the same number introduced in a different year that concerned transgender students. That’s a different HB1161.)

As it’s written, House Bill 1161 requires “compliance with local building codes and zoning requirements” as well as standard rules for all sober living homes in the state. The bill proposes that registration be overseen by the Department of Social Services. House Bill 1161 [passed the house in February of 2022](https://mylrc.sdlegislature.gov/api/Documents/Bill/234043.html? Year=2022) but it still needs to pass the Senate and be signed into law before it will affect sober living homes in South Dakota.

South Dakota Has Unusual Sobriety Rules that Require Remote Monitoring for People Out on Bail That Sober Living Homes Should Understand

South Dakota’s 24/7 Sobriety Program enforces sobriety by requiring twice daily breathalyzer tests for certain criminal justice-involved individuals. This is typically people who are out on bail or individuals who are not yet in jail but awaiting sentencing. If offenders “blow hot” during their monitoring period, they are automatically sent to jail. This program is seen as draconian by some, but it has apparently caused a reduction in DUIs in the state.

South Dakota Sober Living Homes May Force Residents to Leave if They Use, but South Dakota Addiction Treatment Centers Are Barred from Doing So

In nearly every state of the union, it is perfectly legal to “kick out” patients who violate sobriety rules at a treatment program. However, in two states - South Dakota and Massachusetts - addiction treatment programs are not allowed to expel patients from their programs if they relapse while in treatment. However, sober living homes are not beholden to these rules. If a resident relapses while living in a recovery residence in South Dakota, there are no state laws saying that they must not be forced to leave.

Other Content for South Dakota Sober Living and Addiction Treatment Center Owners and Operators

Addiction Treatment Centers in South Dakota - Behave Bridge

Finding Addiction Treatment Billing Contact Information for Blue Cross Blue Shield Association Corporation (includes information relevant to South Dakota BCBSA)

Should Your Addiction Treatment Center Require Vaccines for Employees?

Regulations on Sober Living Homes in the United States - Part 1

Regulations on Sober Living Homes in the United States - Part 2

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