Title 34 — PUBLIC HEALTH AND SAFETY
100 chapters · 1,959 sections in this title.
SDCL § 34-23A-79 Legislative finding that Planned Parenthood facility in Sioux Falls provides written disclosures that include certain statement
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The Legislature finds that the physicians, agents, and employees performing or assisting in the performance of abortions at the Planned Parenthood facility in Sioux Falls, South Dakota provide pregnant mothers written disclosures that include the statement: "Politicians in the St…
SDCL § 34-23A-80 Legislative finding that statement in § 34-23A-79 does not comply with subsection 34-23A-10.1 (1)(b)
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The Legislature finds that the disclosure in § 34-23A-79 , made at the Planned Parenthood facility in Sioux Falls, South Dakota given to pregnant mothers considering an abortion does not comply with subsection 34-23A-10.1 (1)(b), and is confusing and inaccurate. Source: SL 2018, …
SDCL § 34-23A-81 Legislative finding regarding noncompliance with subsection 34-23A-10.1 (1)(b)
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The Legislature finds that the failure to comply with subsection 34-23A-10.1 (1)(b) is contrary to the interests of pregnant mothers and pregnant mothers' need to make truly informed and voluntary decisions, and is not in keeping with the spirit and purpose of the law and the hol…
SDCL § 34-23A-82 Legislative finding that Planned Parenthood facility in Sioux Falls does not comply with subsections 34-23A-10.1 (1)(c) and (d)
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The Legislature finds that the physicians, agents, and employees performing or assisting in the performance of abortions at the Planned Parenthood facility in Sioux Falls, South Dakota have provided written disclosures before an abortion that do not adequately disclose or adequat…
SDCL § 34-23A-83 Legislative finding that Planned Parenthood facility in Sioux Falls provides written disclosures that include certain statement
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The Legislature finds that the physicians, agents, and employees performing or assisting in the performance of abortions at the Planned Parenthood facility in Sioux Falls, South Dakota provide written disclosures to pregnant mothers considering an abortion that include the statem…
SDCL § 34-23A-84 Legislative finding that statement in § 34-23A-83 fails to adequately provide, explain, or discuss disclosures required by subsections 34-23A-10.1 (1)(c) and (d)
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The Legislature finds that, while the statement in § 34-23A-83 is a true statement, the statement fails to adequately provide, explain, or discuss the disclosures actually required by subsections 34-23A-10.1 (1)(c) and (d) which requires a disclosure "(c) [t]hat the pregnant woma…
SDCL § 34-23A-85 Legislative finding regarding noncompliance with subsections 34-23A-10.1 (1)(c) and (d)
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The Legislature finds that failure to adequately provide and discuss the disclosures required by subsections 34-23A-10.1 (1)(c) and (d) is contrary to the interests of pregnant mothers considering an abortion and the required disclosures are important for the pregnant mothers to …
SDCL § 34-23A-86 Legislative finding regarding pregnant mother's appreciation and understanding of disclosures required by subsections 34-23A-10.1 (1)(b), (c) and (d)
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The Legislature finds and reaffirms that it is essential to the ability of a pregnant mother to make a truly informed and voluntary consent to an abortion, and essential to the legal protection of her constitutional rights to maintain her relationship with her child, and that she…
SDCL § 34-23A-87 Legislative finding regarding phrase "politicians in the State of South Dakota require us to tell you that..."
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The Legislature finds that the use of the phrase "politicians in the State of South Dakota require us to tell you that" is antithetical to the purpose and effectiveness of the disclosures, and evidences a hostility to the required disclosures and signals to the pregnant mothers t…
SDCL § 34-23A-88 Legislative finding regarding inclusion of disclosures required by subsections 34-23A-10.1 (1)(b), (c), and (d) in counseling provided by registered pregnancy help centers
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The Legislature finds that the physicians, agents, and employees who perform or assist in the performance of abortions at the Planned Parenthood facility in Sioux Falls, South Dakota have proven to be unreliable providers and counselors of the disclosures required by subsections …
SDCL § 34-23A-89 Definition--Down syndrome
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For purposes of §§ 34-23A-89 to 34-23A-93 , inclusive, the term, Down syndrome, is a chromosome disorder associated with an extra chromosome twenty-one, in whole or in part, or an effective trisomy for chromosome twenty-one. Source: SL 2021, ch 151 , § 1.
SDCL § 34-23A-90 Down syndrome--Abortion prohibited--Penalty
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No person may perform or attempt to perform an abortion with knowledge that the pregnant woman is seeking the abortion because the unborn child either has been diagnosed with Down syndrome or has had a screening indicating that the unborn child may have Down syndrome. Any person …
SDCL § 34-23A-91 Intentional, knowing, or negligent failure to comply--Civil action
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Where there has been an intentional, knowing, or negligent failure to comply with the provisions of §§ 34-23A-89 to 34-23A-93 , inclusive, a pregnant woman who undergoes an abortion, or her survivors, may bring a civil action, and obtain liquidated damages in the amount of ten th…
SDCL § 34-23A-92 Exemptions to save life of the mother
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The provisions of §§ 34-23A-89 to 34-23A-93 , inclusive, do not apply to any abortion that is necessary to save the life of the pregnant woman because her life is endangered by a physical disorder, illness, or injury, including a life-endangering condition caused by or arising fr…
SDCL § 34-23A-93 Nonrepealer clause
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Nothing in §§ 34-23A-89 to 34-23A-93 , inclusive, repeals, by implication or otherwise, any provision not explicitly repealed. Source: SL 2021, ch 151 , § 5.
SDCL § 34-23A-94 Informational video--Abortion law
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On or before September 1, 2024, the Department of Health shall create a video and other materials that describe: (1) The state's abortion law and acts that do and do not constitute an abortion; (2) The most common medical conditions that threaten the life or health of a pregnant …