Title 34, PUBLIC HEALTH AND SAFETY

The following facilities need not be licensed under §§ 34-23A-46 to 34-23A-51 , inclusive: (1) A health care facility licensed pursuant to chapter 34-12 ; or (2) The office of a physician licensed pursuant to chapter 36-4 unless the office is used for performing abortions. Source…

An applicant for an abortion facility license shall submit an application to the department on a form prescribed by the department. The application shall be accompanied by a nonrefundable license fee in an amount set by the department by rules promulgated pursuant to chapter 1-26…

The department may inspect an abortion facility at reasonable times as necessary to ensure compliance with §§ 34-23A-46 to 34-23A-51 , inclusive. The department shall inspect an abortion facility before renewing the facility's license. Source: SL 2006, ch 182 , § 5.

The Department of Health shall include information regarding each inspection of an abortion facility on the department's public website no later than forty-five days after the inspection. The information posted on the website must include the date and the result of each inspectio…

Any fees collected under §§ 34-23A-46 to 34-23A-51 , inclusive, shall be deposited in the abortion facility licensing fund and are continuously appropriated to administer and enforce §§ 34-23A-46 to 34-23A-51 , inclusive. Source: SL 2006, ch 182 , § 6.

The department shall adopt rules pursuant to chapter 1-26 for the issuance, renewal, denial, suspension, and revocation of a license to operate an abortion facility. The department shall adopt, by rules promulgated pursuant to chapter 1-26 , minimum standards to protect the healt…

No physician may take a consent for an abortion from a pregnant mother without first offering the pregnant mother an opportunity to view a sonogram and hear the heartbeat of her unborn child. The physician shall offer to describe the images on the sonogram if the pregnant mother …

The provisions of § 34-23A-52 do not apply to an abortion provider or facility in the case of a medical emergency. Upon a determination by a physician under this section that a medical emergency exists, the physician shall certify the specific medical conditions that constitute t…

Terms as used in §§ 34-23A-53 to 34-23A-62 , inclusive, mean: (1) "Pregnancy help center," any entity whether it be a form of corporation, partnership, or proprietorship, whether it is for profit, or nonprofit, that has as one of its principal missions to provide education, couns…

The Legislature finds that as abortion medicine is now practiced in South Dakota that: (1) In the overwhelming majority of cases, abortion surgery and medical abortions are scheduled for a pregnant mother without the mother first meeting and consulting with a physician or establi…

The physician's common law duty to determine that the physician's patient's consent is voluntary and uncoerced and informed applies to all abortion procedures. The requirements expressly set forth in §§ 34-23A-53 to 34-23A-62 , inclusive, that require procedures designed to insur…

No surgical or medical abortion may be scheduled except by a licensed physician and only after the physician physically and personally meets with the pregnant mother, consults with her, and performs an assessment of her medical and personal circumstances. Only after the physician…

On the day on which the abortion is scheduled, no physician may take a consent for an abortion nor may the physician perform an abortion, unless the provisions of §§ 34-23A-53 to 34-23A-62 , inclusive, have been met, and the physician first obtains from the pregnant mother, a wri…

The Department of Health shall maintain a registry of pregnancy help centers located in the State of South Dakota. The Department shall publish a list of all pregnancy help centers which submit a written request or application to be listed on the state registry of pregnancy help …

On or before January 2, 2013, each pregnancy help center which has been placed on the registry of pregnancy help centers maintained by the Department of Health before January 1, 2012, as a condition to remain on the state registry of pregnancy help centers, shall submit a supplem…

Any pregnancy help center which has been placed on the registry of pregnancy help centers maintained by the Department of Health before January 1, 2012, shall remain on the registry of the Department of Health and is eligible to provide the counseling and interviews described in …

Any pregnancy help center which has not been placed on the registry of pregnancy help centers maintained by the Department of Health before January 1, 2012, which submits a written request or application to be listed on the state registry of pregnancy help centers, in order to be…

Prior to adding an entity to the registry of pregnancy help centers, the department shall cross-reference the state's records to ensure that the entity is not licensed to place children for adoption or licensed to perform abortions. The department may not list on the registry any…

A pregnancy help center consultation required by §§ 34-23A-53 to 34-23A-59.2 , inclusive, shall be implemented as follows: (1) The pregnancy help center shall be permitted to: (a) Interview the pregnant mother to determine whether the pregnant mother has been subject to any coerc…

Any pregnancy help center listed on the Department of Health registry of pregnancy help centers prior to January 1, 2012, shall, beginning on January 1, 2013, have available either on staff or pursuant to a collaborative agreement, a licensed counselor, or licensed psychologist, …

Any person who knowingly and intentionally releases any information obtained during any consultations resulting from §§ 34-23A-53 to 34-23A-61 , inclusive, under circumstances not in accord with the confidentiality provisions required by §§ 34-23A-53 to 34-23A-61 , inclusive, is …

Any abortion performed under the provisions of § 34-23A-4 or 34-23A-5 shall be performed only in a facility which has a blood bank or a sufficient supply of blood immediately available and such facilities shall provide for Rhesus factor (Rh) testing and Rho - gam, Gammulin or any…

Any woman who undergoes an abortion, or her survivors, where there has been an intentional, knowing, or negligent failure to comply with the provisions of §§ 34-23A-56 and 34-23A-57 may bring a civil action, and obtain a civil penalty in the amount of ten thousand dollars, plus r…

In any civil action presenting a claim arising from a failure to comply with any of the provisions of this chapter, the following shall apply: (1) The failure to comply with the requirements of this chapter relative to obtaining consent for the abortion shall create a rebuttable …

Nothing in §§ 34-23A-53 to 34-23A-62 , inclusive, repeals, by implication or otherwise, any provision not explicitly repealed. Source: SL 2011, ch 161 , § 10.

Terms as used in this chapter mean: (1) "Sex-selective abortion," the performance of an abortion with knowledge that the pregnant mother is seeking the abortion due to the sex of the unborn child; (2) "Sex-determining test," any scientific test that is capable of determining the …

No person may knowingly or in reckless disregard perform or attempt to perform a sex-selective abortion. A violation of this section is a Class 6 felony. No penalty may be assessed against the pregnant mother upon whom the abortion is performed or attempted to be performed. Sourc…

Nothing in subdivision 34-23A-10.1 (3), 34-23A-34(22), or 34-23A-56(4A) or § 34-23A-63 or 34-23A-64 repeals, by implication or otherwise, any provision not explicitly repealed. Source: SL 2014, ch 168 , § 6. 34-23A-66

The Legislature finds that: (1) The state has a compelling state interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain; (2) There is substantial medical evidence that an unborn chil…

Terms used in §§ 34-23A-34 and 34-23A-67 to 34-23A-72 , inclusive mean: (1) "Post-fertilization age," the age of an unborn child as calculated from fertilization; (2) "Probable post-fertilization age of the unborn child," what, in reasonable medical judgment, will with reasonable…

It is a Class 6 felony to intentionally or recklessly perform, or attempt to perform, an abortion of an unborn child capable of feeling pain unless it is a medical emergency. No penalty may be assessed against the woman upon whom the abortion is performed, or attempted to be perf…

No abortion may be performed upon an unemancipated minor or upon a female for whom a guardian has been appointed because of a finding of incompetency, until at least forty-eight hours after written notice of the pending operation has been delivered in the manner specified in this…

In any proceeding pursuant to subdivision 34-23A-7(1) or 34-23A-7(3), the pregnant female may participate in proceedings in the court on her own behalf, and the court may appoint a guardian ad litem for her. The court shall, however, advise her that she has a right to court- appo…

For purposes of §§ 34-23A-34 and 34-23A-67 to 34-23A-73 , inclusive, an unborn child is capable of feeling pain when the physician performing, or attempting to perform, the abortion or another physician upon whose determination that physician relies, determines that the probable …

No medical emergency may form the basis for an exception to § 34-23A-69 if it is based on a claim or diagnosis that the pregnant mother will engage in conduct which she intends to result in her death or other self harm. Source: SL 2016, ch 180 , § 5.

When an abortion of an unborn child capable of feeling pain is necessary due to a medical emergency, the physician shall deliver the child in the manner which, in reasonable medical judgment, provides the best opportunity for the unborn child to survive, but only if it is consist…

Nothing in SL 2016, ch 180 repeals, by implication or otherwise, any provision not explicitly repealed. Source: SL 2016, ch 180 , § 8.

The Legislature finds that the Planned Parenthood facility in Sioux Falls, South Dakota is the only abortion clinic in the State of South Dakota and approximately ninety-eight percent of all abortions performed in South Dakota are performed at that Planned Parenthood facility. So…

The Legislature finds that the physicians, agents, and employees performing or assisting in the performance of abortions and pre-abortion counseling at the Planned Parenthood facility in Sioux Falls, South Dakota have been providing pre-abortion counseling that does not comply wi…

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…

The Legislature finds that the disclosure in § 34-23A-76 , made at the Planned Parenthood facility in Sioux Falls, South Dakota does not comply with subsection 34-23A-10.1 (1)(e)(ii), and expressly denies the disclosure required by that subsection of South Dakota's informed conse…

The Legislature finds that the failure to comply with the provisions of subsection 34-23A-10.1 (1)(e)(ii) is contrary to the interests of pregnant mothers and pregnant mothers' need to make informed and voluntary decisions, and is not in keeping with the spirit and purpose of §§ …

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…

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, …

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…

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…