reglab/housing_qa huggingface dataset:
SD Codified L § 34-23A-40 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-40 - Submission of reporting form.

34-23A-40. Submission of reporting form.By February twenty-eighth of each year, each physician who provided, or whose agent provided, the notice described in §34-23A-7, and any physician who knowingly performed an abortion upon a female or upon a female for whom a guardian or conservator had been appointed because of a finding of incompetency during the previous calendar year shall submit to the Department of Health a copy of the physicians' information report form described in §34-23A-39 with the requested data entered accurately and completely. Source: SL 1998, ch 209, §7.
SD Codified L § 34-23A-41 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-41 - Penalty for failure to submit reporting form.

34-23A-41. Penalty for failure to submit reporting form.Any physician who fails to submit any report required by §§34-23A-34 to 34-23A-45, inclusive, within a grace period of thirty days following the due date is subject to a late fee of five hundred dollars for each additional thirty-day period, or portion of a thirty-day period, that each report is overdue. Any physician who has not submitted a report, or has submitted only an incomplete report, more than one year following the due date, is also subject to a civil action brought by the department. A court of competent jurisdiction may direct the physician to submit a complete report within a period stated by court order or be subject to sanctions for civil contempt. Source: SL 1998, ch 209, §8.
SD Codified L § 34-23A-42 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-42 - Failure to submit reporting form a misdemeanor.

34-23A-42. Failure to submit reporting form a misdemeanor.Any person who knowingly or recklessly fails to submit any report required by §§34-23A-34 to 34-23A-45, inclusive, or submits false information under §§34-23A-34 to 34-23A-45, inclusive, is guilty of a Class 2 misdemeanor. Source: SL 1998, ch 209, §9.
SD Codified L § 34-23A-43 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-43 - Department to ensure compliance--Inspection.

34-23A-43. Department to ensure compliance--Inspection.The department shall ensure compliance with §§34-23A-34 to 34-23A-45, inclusive, and shall verify the data provided by periodic inspection of places where induced abortions are performed. Source: SL 1998, ch 209, §10.
SD Codified L § 34-23A-44 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-44 - Department to ensure anonymity--Confidentiality of communication.

34-23A-44. Department to ensure anonymity--Confidentiality of communication.No report made under §§34-23A-34 to 34-23A-45, inclusive, may include the name of any female having an abortion. The Department of Health shall take care to ensure that none of the information included in any report required by §§34-23A-34 to 34-23A-45, inclusive, including printed records, computerized records, or stored information of any type, can reasonably lead to the identification of any person obtaining an abortion. Except in the case of a mother who was younger than the age of sixteen at the time her child was conceived, any information collected by or under the direction of a physician or psychotherapist for the purpose of completing a report required by §§34-23A-34 to 34-23A-45, inclusive, is privileged as a confidential communication under subdivision 19-19-503(b). In the case of a mother who was younger than the age of sixteen at the time the child was conceived, the privilege of confidentiality set forth in subdivision 19-19-503(b) may not be claimed in any judicial proceeding involving §22-22-1. Source: SL 1998, ch 209, §11; SL 2004, ch 234, §5.
SD Codified L § 34-23A-45 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-45 - "Induced abortion" defined.

34-23A-45. "Induced abortion" defined. For purposes of §§34-23A-34 to 34-23A-45, inclusive, only, the term, induced abortion, means the intentional termination of the life of a human being in the uterus. Source: SL 1998, ch 209, §12; SL 2021, ch 148, § 2.
SD Codified L § 34-23A-46 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-46 - Licensing of abortion facilities.

34-23A-46. Licensing of abortion facilities.Except as provided by §34-23A-47, no person may establish or operate an abortion facility in this state without an appropriate license issued under §§34-23A-46 to 34-23A-51, inclusive. Each abortion facility shall have a separate license. No abortion facility license is transferrable or assignable. Source: SL 2006, ch 182, §2.
SD Codified L § 34-23A-47 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-47 - Exceptions to abortion facility license requirement.

34-23A-47. Exceptions to abortion facility license requirement.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: SL 2006, ch 182, §3.
SD Codified L § 34-23A-48 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-48 - Application for abortion facility license--Contents--Fee--Inspection and investigation--Renewal.

34-23A-48. Application for abortion facility license--Contents--Fee--Inspection and investigation--Renewal.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 license fee may not exceed two thousand dollars. The application shall contain evidence that there are one or more physicians on the staff of the facility who are licensed by the State Board of Medical and Osteopathic Examiners. The department shall issue a license if, after inspection and investigation, it finds that the applicant and the abortion facility meet the requirements of §§34-23A-46 to 34-23A-51, inclusive, and the standards promulgated in rules adopted pursuant to §§34-23A-46 to 34-23A-51, inclusive. As a condition for renewal of a license, the licensee shall submit to the department the annual license renewal fee set by rules promulgated pursuant to chapter 1-26. Source: SL 2006, ch 182, §4.
SD Codified L § 34-23A-49 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-49 - Compliance inspections.

34-23A-49. Compliance inspections.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.
SD Codified L § 34-23A-49.1 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-49.1 - Inspection information to be posted on department's public website.

34-23A-49.1. Inspection information to be posted on department's public website.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 inspection. If the result of the inspection requires an abortion provider to take corrective action, the information must include the details of the required corrective action. Source: SL 2016, ch 178, §1.
SD Codified L § 34-23A-50 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-50 - Fees to be deposited in abortion facility licensing fund.

34-23A-50. Fees to be deposited in abortion facility licensing fund.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.
SD Codified L § 34-23A-51 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-51 - Promulgation of rules--Minimum standards for abortion facilities.

34-23A-51. Promulgation of rules--Minimum standards for abortion facilities.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 health and safety of a patient of an abortion facility. The rules shall establish minimum standards regarding:(1)Facility safety and sanitation;(2)Qualifications and supervision of professional and nonprofessional personnel;(3)Emergency equipment and procedures to provide emergency care;(4)Medical records and reports;(5)Procedure and recovery rooms;(6)Infection control;(7)Medication control;(8)Quality assurance;(9)Facility and laboratory equipment requirements, sanitation, testing, and maintenance;(10)Information on and access to patient follow-up care; and(11)Patient screening, assessment, and monitoring. Source: SL 2006, ch 182, §7.
SD Codified L § 34-23A-52 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-52 - Opportunity to view sonogram and hear child's heartbeat--Documentation of response to offer.

34-23A-52. Opportunity to view sonogram and hear child's heartbeat--Documentation of response to offer.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 consents. The pregnant mother's response to the offer under this section shall be documented by the physician in the patient's medical records, including the date and time of the offer and the pregnant mother's signature to her response to the offer. Source: SL 2008, ch 174, §1; SL 2019, ch 152, §1.
SD Codified L § 34-23A-52.1 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-52.1 - Medical emergency exception.

34-23A-52.1. Medical emergency exception.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 the emergency. Source: SL 2019, ch 152, §2.
SD Codified L § 34-23A-53 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-53 - Definition of terms.

34-23A-53. Definition of terms.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, counseling, and other assistance to help a pregnant mother maintain her relationship with her unborn child and care for her unborn child, which entity has a medical director who is licensed to practice medicine in the State of South Dakota, or that it has a collaborative agreement with a physician licensed in South Dakota to practice medicine to whom women can be referred, which entity does not perform abortions and is not affiliated with any physician or entity that performs abortions, and does not now refer pregnant mothers for abortions, and has not referred any pregnant mother for abortions for the three-year period immediately preceding July 1, 2011, which entity does not place children for adoption, and which entity is in compliance with the requirements of §34-23A-59.1;(2)Deleted by SL 2012, ch 186, §1;(3)Deleted by SL 2012, ch 186, §1;(4)"Coercion," exists if the pregnant mother is induced to consent to an abortion by any other person under circumstances, or in such a manner, which deprives her from making a free decision or exercising her free will. Source: SL 2011, ch 161, §7; SL 2012, ch 186, §1; SL 2014, ch 167, §1.
SD Codified L § 34-23A-54 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-54 - Legislative findings.

34-23A-54. Legislative findings.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 establishing a traditional physician-patient relationship;(2)The surgical and medical procedures are scheduled by someone other than a physician, without a medical or social assessment concerning the appropriateness of such a procedure or whether the pregnant mother's decision is truly voluntary, uncoerced, and informed, or whether there has been an adequate screening for a pregnant mother with regard to the risk factors that may cause complications if the abortion is performed;(3)Such practices are contrary to the best interests of the pregnant mother and her child and there is a need to protect the pregnant mother's interest in her relationship with her child and her health by passing remedial legislation;(4)There exists in South Dakota a number of pregnancy help centers, as defined in §34-23A-53, which have as their central mission providing counseling, education, and other assistance to pregnant mothers to help them maintain and keep their relationship with their unborn children, and that such counseling, education, and assistance provided by these pregnancy help centers is of significant value to the pregnant mothers in helping to protect their interest in their relationship with their children; and(5)It is a necessary and proper exercise of the state's authority to give precedence to the mother's fundamental interest in her relationship with her child over the irrevocable method of termination of that relationship by induced abortion. Source: SL 2011, ch 161, §1.
SD Codified L § 34-23A-55 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-55 - Duties of physician in addition to common law.

34-23A-55. Duties of physician in addition to common law.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 insure that a consent to an abortion is voluntary and uncoerced and informed, are an express clarification of, and are in addition to, those common law duties. Source: SL 2011, ch 161, §2.
SD Codified L § 34-23A-57 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-57 - Patient's written signed statement.

34-23A-57. Patient's written signed statement.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 written, signed statement setting forth all information required by subsection 34-23A-56(3)(b). The written statement signed by the pregnant mother shall be maintained as a permanent part of the pregnant mother's medical records. Only the physician who meets with and consults with the pregnant mother pursuant to §34-23A-56 can take her consent and perform her abortion unless serious unforeseen circumstances prevent that physician from taking the consent and performing the abortion. Source: SL 2011, ch 161, §4; SL 2012, ch 186, §3.
SD Codified L § 34-23A-58 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-58 - Registry of pregnancy help centers.

34-23A-58. Registry of pregnancy help centers.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 centers. All pregnancy help centers seeking to be listed on the registry shall be so listed without charge, if they submit an affidavit that certifies that:(1)The pregnancy help center has a facility or office in the State of South Dakota in which it routinely consults with women for the purpose of helping them keep their relationship with their unborn children;(2)That one of its principal missions is to educate, counsel, and otherwise assist women to help them maintain their relationship with their unborn children;(3)That they do not perform abortions at their facility, and have no affiliation with any organization or physician which performs abortions;(4)That they do not now refer pregnant women for abortions, and have not referred any pregnant women for an abortion at any time in the three years immediately preceding July 1, 2011;(5)That they have a medical director licensed by South Dakota to practice medicine or that they have a collaborative agreement with a physician licensed in South Dakota to practice medicine to whom women can be referred;(6)That they shall provide the counseling and interviews described in §§34-23A-53 to 34-23A-62, inclusive, upon request by pregnant mothers;(7)That they shall comply with the provisions of §34-23A-59 as it relates to discussion of religious beliefs; and(8)That they do not place children for adoption.For purposes of placing the name of a pregnancy help center on the state registry of pregnancy help centers maintained by the Department of Health, it is irrelevant whether the pregnancy help center is secular or faith based. The Department of Health shall immediately provide a copy of the registry of pregnancy health centers to all physicians, facilities, and entities that request it. The registry shall be regularly updated by the Department of Health in order to include a current list of pregnancy help centers and shall forward all updated lists to all physicians, facilities, and entities that previously requested the list. The Department of Health shall accept written requests or applications to be placed on the state registry of pregnancy help centers from pregnancy help centers after enactment but prior to July 1, 2011. Source: SL 2011, ch 161, §5; SL 2014, ch 167, §2.
SD Codified L § 34-23A-58.1 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-58.1 - Certification of conditions by pregnancy help centers.

34-23A-58.1. Certification of conditions by pregnancy help centers.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 supplemental affidavit that certifies that:(1)It has available either on staff, or pursuant to a collaborative agreement, a licensed counselor, or licensed psychologist, or licensed certified social worker, or licensed social worker, or licensed nurse, or licensed marriage and family therapist, or licensed physician, to provide the counseling related to the assessment for coercion and the associated imparting of information described in §§34-23A-53 to 34-23A-59.2, inclusive; and(2)It shall strictly adhere to the confidentiality requirements set forth in §§34-23A-53 to 34-23A-59.2, inclusive. Source: SL 2012, ch 186, §4; SL 2016, ch 179, §1.
SD Codified L § 34-23A-58.2 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-58.2 - Pregnancy help centers placed on registry before January 1, 2012.

34-23A-58.2. Pregnancy help centers placed on registry before January 1, 2012.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 §§34-23A-53 to 34-23A-62 for pregnancy help centers until January 1, 2013. Thereafter, each pregnancy help center shall remain on the state registry of the Department of Health and maintain its eligibility to provide the counseling and interviews by submitting to the Department of Health the supplemental affidavit provided for in §34-23A-58.1. Source: SL 2012, ch 186, §5.
SD Codified L § 34-23A-58.3 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-58.3 - Pregnancy help centers placed on registry after January 1, 2012.

34-23A-58.3. Pregnancy help centers placed on registry after January 1, 2012.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 included on the registry, shall submit to the Department of Health an affidavit that certifies all of the information required by §34-23A-58 as well as the information required by §34-23A-58.1. Source: SL 2012, ch 186, §6.
SD Codified L § 34-23A-59.1 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-59.1 - Licensed professionals required at pregnancy help centers.

34-23A-59.1. Licensed professionals required at pregnancy help centers.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, or licensed certified social worker, or licensed social worker, or licensed nurse, or licensed marriage and family therapist, or a licensed physician to meet privately with the pregnant mother to provide the counseling and meeting required by §§34-23A-53 to 34-23A-59.2, inclusive. Any pregnancy help center placed on the state registry on or after January 1, 2012, shall have one or more such licensed professionals available on staff or pursuant to collaborative agreement for such purposes beginning on January 1, 2012. Source: SL 2012, ch 186, §8; SL 2016, ch 179, §2.