reglab/housing_qa huggingface dataset:
SD Codified L § 34-23A-1.5 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-1.5 - Legislative findings--Special protection of rights of pregnant women.

34-23A-1.5. Legislative findings--Special protection of rights of pregnant women.The Legislature finds that pregnant women contemplating the termination of their right to their relationship with their unborn children, including women contemplating such termination by an abortion procedure, are faced with making a profound decision most often under stress and pressures from circumstances and from other persons, and that there exists a need for special protection of the rights of such pregnant women, and that the State of South Dakota has a compelling interest in providing such protection. Source: SL 2005, ch 186, §4.
SD Codified L § 34-23A-1.6 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-1.6 - Legislative findings--Standard of practice requiring informed consent.

34-23A-1.6. Legislative findings--Standard of practice requiring informed consent.The Legislature finds that, through the common law, the courts of the State of South Dakota have imposed a standard of practice in the health care profession that, except in exceptional circumstances, requires physicians and other health care practitioners to provide patients with such facts about the nature of any proposed course of treatment, the risks of the proposed course of treatment, the alternatives to the proposed course, including any risks that would be applicable to any alternatives, as a reasonable patient would consider significant to the decision of whether to undergo the proposed course of treatment. Source: SL 2005, ch 186, §5.
SD Codified L § 34-23A-1.7 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-1.7 - Common law cause of action for medical malpractice informed consent claims based on reasonable patient standard reaffirmed--Application to abortion procedures--Construction.

34-23A-1.7. Common law cause of action for medical malpractice informed consent claims based on reasonable patient standard reaffirmed--Application to abortion procedures--Construction.The South Dakota common law cause of action for medical malpractice informed consent claims based upon the reasonable patient standard is reaffirmed and is hereby expressly declared to apply to all abortion procedures. The duty of a physician to disclose all facts about the nature of the procedure, the risks of the procedure, and the alternatives to the procedure that a reasonable patient would consider significant to her decision of whether to undergo or forego the procedure applies to all abortions. Nothing in §34-23A-1, §§34-23A-1.2 to 34-23A-1.7, inclusive, §34-23A-10.1, and §34-23A-10.3 may be construed to render any of the requirements otherwise imposed by common law inapplicable to abortion procedures or diminish the nature or the extent of those requirements. The disclosure requirements expressly set forth in §34-23A-1, §§34-23A-1.2 to 34-23A-1.7, inclusive, §34-23A-10.1, and §34-23A-10.3 are an express clarification of, and are in addition to, those common law disclosure requirements. Source: SL 2005, ch 186, §6.
SD Codified L § 34-23A-2 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-2 - Abortion lawful only under specified conditions.

34-23A-2. Abortion lawful only under specified conditions.An abortion may be performed in this state only if it is performed in compliance with §34-23A-3, 34-23A-4, or 34-23A-5. (This section is repealed pursuant to SL 2005, ch 187, §1. Section 7 of SL 2005, ch 187, as amended by SL 2005, ch 188, §1, provides: "Section 7. This Act is effective on the date that the states are recognized by the United States Supreme Court to have the authority to prohibit abortion at all stages of pregnancy.") SL 1973, ch 146, §2; SL 2006, ch 119, §6 repeal rejected by referendum on Nov. 7, 2006.
SD Codified L § 34-23A-2.1 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-2.1 - Physician to inform in case of medical emergency.

34-23A-2.1. Physician to inform in case of medical emergency.If a medical emergency compels the performance of an abortion, the physician shall inform the female, prior to the abortion if possible, of the medical indications supporting his judgment that an abortion is necessary to avert her death or that a delay will create serious risk of substantial and irreversible impairment of a major bodily function. Source: SL 1993, ch 249, §6.
SD Codified L § 34-23A-3 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-3 - Abortion during first twelve weeks of pregnancy.

34-23A-3. Abortion during first twelve weeks of pregnancy.An abortion may be performed by a physician during the first twelve weeks of pregnancy. The abortion decision and its effectuation must be left to the medical judgment of the pregnant woman's attending physician during the first twelve weeks of pregnancy. (This section is repealed pursuant to SL 2005, ch 187, §2. Section 7 of SL 2005, ch 187, as amended by SL 2005, ch 188, §1, provides: "Section 7. This Act is effective on the date that the states are recognized by the United States Supreme Court to have the authority to prohibit abortion at all stages of pregnancy.") SL 1973, ch 146, §2(1); SL 2006, ch 119, §7 repeal rejected by referendum on Nov. 7, 2006.
SD Codified L § 34-23A-4 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-4 - Abortion following twelfth week of pregnancy through twenty-second week of pregnancy.

34-23A-4. Abortion following twelfth week of pregnancy through twenty-second week of pregnancy.An abortion may be performed following the twelfth week of pregnancy and through the twenty-second week of pregnancy by a physician only in a hospital licensed under the provisions of chapter 34-12 or in a hospital operated by the United States, this state, or any department, agency, or political subdivision of either or in the case of hospital facilities not being available, in the licensed physician's medical clinic or office of practice subject to the requirements of §34-23A-6. (This section is repealed pursuant to SL 2005, ch 187, §3. Section 7 of SL 2005, ch 187, as amended by SL 2005, ch 188, §1, provides: "Section 7. This Act is effective on the date that the states are recognized by the United States Supreme Court to have the authority to prohibit abortion at all stages of pregnancy.") Source: SL 1973, ch 146, §2(2); SL 2006, ch 119, §8 repeal rejected by referendum on Nov. 7, 2006; SL 2016, ch 180, §9.
SD Codified L § 34-23A-5 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-5 - Abortion following twenty-second week of pregnancy.

34-23A-5. Abortion following twenty-second week of pregnancy.An abortion may be performed following the twenty-second week of pregnancy by a physician only in a hospital authorized under §34-23A-4 and only in the case of a medical emergency. (This section is repealed pursuant to SL 2005, ch 187, §4. Section 7 of SL 2005, ch 187, as amended by SL 2005, ch 188, §1, provides: "Section 7. This Act is effective on the date that the states are recognized by the United States Supreme Court to have the authority to prohibit abortion at all stages of pregnancy.") Source: SL 1973, ch 146, §2(3); SL 2006, ch 119, §9 repeal rejected by referendum Nov. 7, 2006; SL 2016, ch 180, §10.
SD Codified L § 34-23A-6 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-6 - Blood supply and testing facilities to be available during abortion--Inoculations required.

34-23A-6. Blood supply and testing facilities to be available during abortion--Inoculations required.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 other product of equivalency inoculations shall be required for women undergoing abortion who have the Rh-negative factor. Source: SL 1973, ch 146, §3.
SD Codified L § 34-23A-7.1 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-7.1 - Abortion without notification--Participation and representation of female--Confidentiality--Appeal of denial.

34-23A-7.1. Abortion without notification--Participation and representation of female--Confidentiality--Appeal of denial.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- appointed counsel and shall, upon her request, provide her with such counsel. Proceedings in the court under subdivision 34-23A-7(1) or 34-23A-7(3) shall be confidential and shall be given such precedence over other pending matters so that the court may reach a decision promptly and without delay so as to serve the best interests of the pregnant female. A judge of the court who conducts proceedings under subdivision 34-23A-7(1) or 34-23A-7(3) shall make in writing specific factual findings and legal conclusions supporting the decision and shall order a record of the evidence to be maintained including the judge's own findings and conclusions.An expedited confidential appeal shall be available to any such pregnant female for whom the court denies an order authorizing an abortion without notification. An order authorizing an abortion without notification is not subject to appeal. No filing fees are required of any such pregnant female at either the trial or the appellate level. Access to the trial court for the purposes of such a petition or motion, and access to the appellate courts for purposes of making an appeal from denial of the same, shall be afforded such a pregnant female twenty-four hours a day, seven days a week. Notwithstanding any other provision of law, all pleadings, papers, and other documents filed pursuant to this section are confidential, are not public records, and are not open for inspection by any member of the public for any purpose. Source: SL 1997, ch 204, §3; SL 2005, ch 189, §2.
SD Codified L § 34-23A-10.2 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-10.2 - Statement of informed consent--Misdemeanor--Report of physician's conviction--Female not penalized.

34-23A-10.2. Statement of informed consent--Misdemeanor--Report of physician's conviction--Female not penalized.A physician who, knowingly or in reckless disregard, violates §34-23A-2.1, 34-23A-7, or 34-23A-10.1 is guilty of a Class 2 misdemeanor. The court in which a conviction of a violation of §34-23A-2.1, 34-23A-7, or 34-23A-10.1 occurs shall report such conviction to the Board of Medical and Osteopathic Examiners.No penalty may be assessed against the female upon whom the abortion is performed or attempted to be performed. No criminal penalty or civil liability for failure to comply with subsection 34-23A-10.1(2)(c) or that portion of subsection 34-23A-10.1(3) requiring a written certification that the woman has been informed of her opportunity to review the information referred to in subsection 34-23A-10.1(2)(c) may be assessed unless the department of health has made the printed materials available at the time the physician or the physician's agent is required to inform the female of her right to review them. Source: SL 1980, ch 245, §2; SL 1993, ch 249, §7; SL 1997, ch 204, §4.
SD Codified L § 34-23A-10.3 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-10.3 - Publication of educational materials.

34-23A-10.3. Publication of educational materials. The health department shall publish, in culturally sensitive languages, the following printed materials, in such a way as to ensure that the information is easily comprehensible:(1)Materials designed to inform the pregnant woman of all the disclosures enumerated in §34-23A-10.1;(2)Materials designed to inform the pregnant woman of public and private agencies and services available to assist a pregnant woman through pregnancy, upon childbirth and while the child is dependent, including adoption agencies, which shall include a list of the agencies available and a description of the services they offer;(3)Materials designed to inform the pregnant woman of the probable anatomical and physiological characteristics of the unborn child at two-week gestational increments from the time when a pregnant woman can be known to be pregnant to full term, including any relevant information on the possibility of the unborn child's survival and pictures or drawings representing the development of unborn children at two-week gestational increments. Such pictures or drawings shall contain the dimensions of the fetus and shall be realistic and appropriate for the stage of pregnancy depicted. The materials shall be objective, nonjudgmental, and designed to convey only accurate scientific information about the unborn child at the various gestational ages; and(4)Materials designed to inform the pregnant woman that: "If someone is sexually abusing you or causing you to exchange sex for something of value, and you want help, call 911, text or call the number provided on this notice.".The materials shall be printed in a typeface large enough to be clearly legible and shall be available at no cost from the Department of Health upon request and in appropriate number to any person, facility, or hospital. Source: SL 1993, ch 249, §5; SL 2005, ch 186, §9; SL 2017, ch 160, §2; SL 2021, ch 149, § 2.
SD Codified L § 34-23A-10.4 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-10.4 - Department of Health to develop and maintain multi-media website--Contents--Collection of related statistics.

34-23A-10.4. Department of Health to develop and maintain multi-media website--Contents--Collection of related statistics.The Department of Health shall, by January 1, 2004, develop and maintain a multi-media website that contains web pages covering each of the following topics:(1)Embryonic and fetal development at various gestational stages;(a)Anatomical and physiological characteristics; and(b)Survival possibilities of the unborn child;(2)Abortion methods commonly used for each trimester of pregnancy;(3)Statistically significant abortion method risks, including infection, hemorrhage, danger to subsequent pregnancies, and infertility;(4)Important pre-abortion procedures;(a)Confirmation of pregnancy via sonogram; and(b)Counseling and discussion of medical history to detect possible abortion risks;(5)Post-abortion psychological and emotional complications;(6)Parental notification as required by 34-23A-7;(7)Assistance, benefits, and services:(a)Names and contact information of public and private agencies; and(b)Types and availability of public medical benefits and services;(8)Responsibility of the father of the unborn child;(9)Statistically significant pregnancy risks;(10)Adoption options:(a)Names and contact information of public and private agencies; and(b)Description of services;(11)Information on discontinuing a drug-induced abortion.The state shall collect and maintain web statistics regarding the website developed and maintained pursuant to this section. However, no personal information may be collected. Source: SL 2003, ch 185, §1; SL 2016, ch 176, §2.
SD Codified L § 34-23A-10.5 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-10.5 - Form required by 34-23A-10.1(1) to be prescribed by department.

34-23A-10.5. Form required by 34-23A-10.1(1) to be prescribed by department.To meet the requirement of subdivision 34-23A-10.1(1), a physician shall use a form prescribed by the department. The department shall promulgate rules pursuant to chapter 1-26 specifying the form necessary to meet the requirement of this section. Source: SL 2019, ch 149, §1, eff. Jan. 1, 2020.
SD Codified L § 34-23A-11 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-11 - Counselor or social worker not liable for arranging abortion--Retaliation from employer prohibited.

34-23A-11. Counselor or social worker not liable for arranging abortion--Retaliation from employer prohibited.No counselor, social worker, or anyone else who may be in such a position where the abortion question may appear as a part of their workday routine, shall be liable to any person for damages allegedly arising from advising or helping to arrange for or for refusal to arrange or encourage abortion, and there shall be no retaliation from any agency or institution with which such person may be affiliated or by which he may be employed. Source: SL 1973, ch 146, §9.
SD Codified L § 34-23A-12 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-12 - No liability for refusal to perform abortion.

34-23A-12. No liability for refusal to perform abortion.No physician, nurse, or other person who refuses to perform or assist in the performance of an abortion shall be liable to any person for damages arising from that refusal. Source: SL 1973, ch 146, §7.
SD Codified L § 34-23A-13 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-13 - Medical facility not to discriminate for performance or refusal to perform abortion.

34-23A-13. Medical facility not to discriminate for performance or refusal to perform abortion.No physician, nurse, or other person who performs or refuses to perform or assist in the performance of an abortion shall, because of that performance or refusal, be dismissed, suspended, demoted, or otherwise prejudiced or damaged by a hospital or other medical facility with which he is affiliated or by which he is employed. Source: SL 1973, ch 146, §8.
SD Codified L § 34-23A-14 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-14 - Hospital not required to perform abortions--No liability for refusal of abortion as policy.

34-23A-14. Hospital not required to perform abortions--No liability for refusal of abortion as policy.No hospital licensed pursuant to the provisions of chapter 34-12 is required to admit any patient for the purpose of terminating a pregnancy pursuant to the provisions of this chapter. No hospital is liable for its failure or refusal to participate in such termination if the hospital has adopted a policy not to admit patients for the purpose of terminating pregnancies as provided in this chapter. Source: SL 1973, ch 146, §8.
SD Codified L § 34-23A-16 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-16 - Birth certificate for live birth resulting from abortion--Death certificate on subsequent death.

34-23A-16. Birth certificate for live birth resulting from abortion--Death certificate on subsequent death.Whenever an abortion procedure results in a live birth, a birth certificate shall be issued certifying the birth of said live born person even though said live person may thereafter die in a short time. In the event death does ensue after a short time, a death certificate shall be issued; both the birth and death certificates shall be issued pursuant to law and rules and regulations of the State Department of Health. Source: SL 1973, ch 146, §11.
SD Codified L § 34-23A-16.1 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-16.1 - Child born alive--Preservation of life and health.

34-23A-16.1. Child born alive--Preservation of life and health. The same means and medical skills and treatment provided a child born alive consistent with accepted standards of medical practice for treatment of a child at that child's particular stage of gestation must be employed and provided to every child born alive immediately following an abortion or an attempted abortion. This obligation applies to every physician who performs or attempts to perform an abortion that results in a child being born alive. Such physician has a physician-patient relationship with that child under the laws of this state, with all of the duties that attend that relationship. Among the duties of such physician is the duty to ensure that the child is immediately admitted to a hospital, consistent with accepted standards of medical practice.For purposes of this section, born alive means the complete expulsion or extraction of a human being from its mother, at any stage of gestation, if after the expulsion or extraction, and regardless of whether the umbilical cord has been cut, that human being:(1)Breathes;(2)Has a beating heart;(3)Has pulsation of the umbilical cord; or(4)Has definite movement of voluntary muscles. Source: SL 1977, ch 284, §1; SL 2021, ch 150, § 1.