reglab/housing_qa huggingface dataset:
SD Codified L § 34-23A-16.2 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-16.2 - Abortion--Child born alive--Civil and disciplinary action.

34-23A-16.2. Abortion--Child born alive--Civil and disciplinary action. In addition to the damages recoverable under §§34-23A-60 and 34-23A-61, a mother upon whom an abortion is performed or attempted to be performed, whose child is born alive, may obtain money damages for any psychological injury the mother sustained where the physician's negligence in caring for the child following birth was a significant contributing factor in causing her psychological injury.The child born alive has a cause of action against the physician, the physician's agents, and the abortion facility, for any physical or psychological injury, or both, for any injuries sustained during and as a result of the abortion, and for any additional physical or psychological injury, or both, where the negligence of the physician, the physician's agents, and the abortion facility, in the medical care following birth, was a significant contributing factor.The money damages for any claim brought pursuant to this section must include all traditionally recognized compensatory and punitive damages recoverable under the laws of this state and punitive damages for intentional disregard for the standard imposed by §34-23A-16.1 and for reasonable attorney's fees.A physician who fails to meet the requirements of §34-23A-16.1 is liable to the state for a civil penalty of ten thousand dollars for each offense. The attorney general may bring an action to recover that civil penalty and, if successful, shall be awarded reasonable attorney's fees.A licensed physician, licensed agent, and licensed abortion facility who or that fails to comply with the requirements of §34-23A-16.1, must be reported to the South Dakota Board of Medical and Osteopathic Examiners and that may form the grounds for sanctions, including suspension of the physician's license and, where appropriate, revocation of such license.Any person having knowledge of a failure to meet the requirements of §34-23A-16.1 may report the failure to the attorney general and, upon request, that person's identity must remain confidential.Nothing in §34-23A-16.1 may be construed to hold the mother of the child born alive criminally or civilly liable for consenting to an abortion, or for the acts of the physician, the physician's agents, or the abortion facility for violation of §34-23A-16.1 following the child being born alive. Source: SL 2021, ch 150, § 2.
SD Codified L § 34-23A-17 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-17 - Use of fetal tissue, organs, or body parts for research or transplantation prohibited--Exceptions--Violation as felony.

34-23A-17. Use of fetal tissue, organs, or body parts for research or transplantation prohibited--Exceptions--Violation as felony.Any tissue, organ, or body part of an unborn or newborn child who has been subject to an induced abortion, other than an abortion necessary to prevent the death of the mother, may not be used in animal or human research or for animal or human transplantation. Nothing in this section precludes any therapy intended to directly benefit the unborn or newborn child who has been subject to the abortion. This section does not prohibit the use for human transplantation of an unborn child or any tissue or organ thereof if removed in the course of removal of an ectopic or a molar pregnancy. Any person who knowingly and for consideration provides, acquires, receives, or otherwise transfers any fetal tissue, organ, or body part in violation of this section is guilty of a Class 6 felony. Source: SL 1973, ch 146, §5; SL 1993, ch 250; SL 2016, ch 177, §1.
SD Codified L § 34-23A-18 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-18 - Abortion as evidence in proceedings to terminate parental rights or to adjudicate dependency of child.

34-23A-18. Abortion as evidence in proceedings to terminate parental rights or to adjudicate dependency of child.Whenever a person is born alive in the course of an abortion procedure, the facts and circumstances involving the birth and the abortion procedure shall be considered relevant and material evidence in any proceeding under chapters 26-7A, 26-8A, 26-8B, and 26-8C for termination of parental rights or adjudication of dependency or neglect; and the Department of Social Services may commence such proceeding as it deems applicable under that chapter. Source: SL 1973, ch 146, §11; SL 1977, ch 284, §2.
SD Codified L § 34-23A-19 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-19 - Performance of abortion--Required reports--Rules.

34-23A-19. Performance of abortion--Required reports--Rules. Any facility or physician performing abortions in this state shall forward to the Department of Health:(1)The number of abortions performed;(2)The method of abortion used in each abortion performed;(3)Complete pathology reports including the period of gestation of fetuses, the presence of abnormality, and the measurements of fetuses, if the facility where the abortion is performed is equipped to complete the reports;(4)The number of maternal deaths due directly or indirectly to abortions;(5)Reports of all follow-up, including short-term and long-term complications due to abortion in the female who received an abortion;(6)The number of infants who survived an attempted abortion;(7)Medical action taken to preserve the life of an aborted child born alive;(8)The outcome for an aborted child born alive, including the child's survival, death, and location of death, if known; and(9)Any other information required by the department, as authorized by this section.No report made under this section may include the name of any female who received an abortion.The Department of Health shall promulgate rules, in accordance with chapter 1-26, to acquire the necessary information for the department's report, to the Centers for Disease Control and Prevention, of all abortion-related data, as recommended by the centers. Source: SL 1973, ch 146, §4; SL 1993, ch 251, §1; SL 2021, ch 150, § 3.
SD Codified L § 34-23A-20 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-20 - Severability of provisions.

34-23A-20. Severability of provisions.If any part or provision of this chapter is determined to be invalid, or is preliminarily enjoined, all other parts not determined to be invalid or enjoined are severable from the invalid parts and remain in effect. If any part or provision of this chapter is determined to be invalid, or is preliminarily enjoined in one or more of its applications, all other parts or provisions not determined to be invalid or preliminarily enjoined are severable from the invalid or preliminarily enjoined application and remain in effect. Source: SL 1973, ch 146, §18; SL 2016, ch 179, §5.
SD Codified L § 34-23A-21 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-21 - Construction of chapter.

34-23A-21. Construction of chapter.Nothing in this chapter may be construed to repeal, by implication or otherwise, any provision not explicitly repealed. Source: SL 1973, ch 146, §17; SL 1993, ch 249, §10.
SD Codified L § 34-23A-22 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-22 - Cause of action for certain abortions--Amount of damages--Attorney's fees.

34-23A-22. Cause of action for certain abortions--Amount of damages--Attorney's fees.If any person performs an abortion willfully, wantonly, or maliciously in disregard to §34-23A-2.1, 34-23A-7, or 34-23A-10.1, the person upon whom such an abortion has been performed, and the parent of a minor child upon whom such an abortion was performed, or any of them, may maintain an action against the person who performed the abortion not to exceed ten thousand dollars in punitive damages. Any person upon whom such an abortion has been attempted may maintain an action against the person who attempted to perform the abortion not to exceed five thousand dollars in punitive damages.If judgment is rendered in favor of the plaintiff in any such action, the court shall also render judgment for a reasonable attorney's fee in favor of the plaintiff against the defendant. If judgment is rendered in favor of the defendant and the court finds that the plaintiff's suit was frivolous or brought in bad faith, the court shall also render judgment for a reasonable attorney's fee in favor of the defendant against the plaintiff. Source: SL 1993, ch 249, §8; SL 1997, ch 204, §5.
SD Codified L § 34-23A-23 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-23 - Anonymity of female plaintiff--Specific written findings.

34-23A-23. Anonymity of female plaintiff--Specific written findings.In every civil or criminal proceeding or action brought pursuant to this chapter, the court shall rule whether the anonymity of any female upon whom an abortion is performed or attempted shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that her anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel, and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms, to the extent necessary to safeguard her identity from public disclosure. Each such order shall be accompanied by specific written findings explaining why the anonymity of the female should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable less restrictive alternative exists. In the absence of written consent of the female upon whom an abortion has been performed or attempted, anyone, other than a public official, who brings an action pursuant to this chapter shall do so under a pseudonym. This section may not be construed to conceal the identity of the plaintiff or of witnesses from the defendant. Source: SL 1993, ch 249, §9.
SD Codified L § 34-23A-24 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-24 - Analyses of maternal mortality.

34-23A-24. Analyses of maternal mortality.The Department of Health shall monitor and analyze maternal mortality. The department may promulgate rules pursuant to chapter 1-26 concerning reporting related to maternal mortality, on death certificates or by other means, as will assist it in performing such analyses. Source: SL 1993, ch 251, §2.
SD Codified L § 34-23A-25 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-25 - Analyses of pregnancy outcomes.

34-23A-25. Analyses of pregnancy outcomes.The department may collect data from health providers and medical facilities for purposes of performing analyses of pregnancy outcomes to determine the number, or if that is not possible, the best available estimate of the number, of each of the following:(1)Ectopic pregnancies;(2)Stillbirths;(3)Live births;(4)Molar pregnancies;(5)Spontaneous abortions;(6)Induced abortions; and(7)Any other pregnancy-related classifications the department deems useful. Source: SL 1993, ch 251, §2A.
SD Codified L § 34-23A-26 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-26 - Publication of findings on maternal mortality and pregnancy outcomes.

34-23A-26. Publication of findings on maternal mortality and pregnancy outcomes.The department shall include sections in its annual vital statistics and health status report detailing the findings derived from the analyses provided under §§34-23A-24 and 34-23A-25. The department shall ensure that neither the information published in its reports, nor the information provided to researchers, with the exception of information requested by the centers for disease control of the public health service in the United States Department of Health and Human Services, identifies or could reasonably lead to the identification of any individual patient. Source: SL 1993, ch 251, §3.
SD Codified L § 34-23A-27 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-27 - Partial-birth abortion prohibited--Violation a felony.

34-23A-27. Partial-birth abortion prohibited--Violation a felony.No person may perform a partial-birth abortion which results in the death of a human fetus or infant. A violation of this section is a Class 6 felony. Source: SL 1997, ch 129, §1.
SD Codified L § 34-23A-28 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-28 - Application of partial-birth abortion prohibition.

34-23A-28. Application of partial-birth abortion prohibition.The provisions of §§34-23A-27 to 34-23A-33, inclusive, do not apply to any partial-birth abortion that is necessary to save the life of the mother because her life is endangered by a physical disorder, illness, or injury, including a life-endangering condition caused by or arising from the pregnancy itself, if no other medical procedure would suffice for that purpose. Source: SL 1997, ch 129, §2.
SD Codified L § 34-23A-29 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-29 - Civil action for death of fetus or infant in partial-birth abortion.

34-23A-29. Civil action for death of fetus or infant in partial-birth abortion.In the case of the death of a human fetus or infant as the result of a partial-birth abortion, the father of the human fetus or infant and, if the mother has not attained the age of eighteen years at the time of the partial-birth abortion, the maternal grandparents of the human fetus or infant may file a civil action to obtain appropriate relief, unless the plaintiff consented to the partial-birth abortion or unless the plaintiff's criminal conduct caused the pregnancy. Source: SL 1997, ch 129, §3.
SD Codified L § 34-23A-30 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-30 - Money damages in partial-birth abortion.

34-23A-30. Money damages in partial-birth abortion.Civil relief pursuant to §34-23A-29 includes money damages for all injuries, psychological or physical, that are proximately caused by a partial-birth abortion in violation of §34-23A-27. Any plaintiff with standing to sue pursuant to §34-23A-29 who has paid for the costs of a partial-birth abortion may recover treble the costs in damages. Source: SL 1997, ch 129, §4.
SD Codified L § 34-23A-31 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-31 - Prosecution of woman upon whom partial-birth abortion performed.

34-23A-31. Prosecution of woman upon whom partial-birth abortion performed.No woman upon whom a partial-birth abortion is performed may be prosecuted under the provisions of §§34-23A-27 to 34-23A-33, inclusive, for conspiracy to violate §34-23A-27. Source: SL 1997, ch 129, §5.
SD Codified L § 34-23A-32 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-32 - Partial-birth abortion defined.

34-23A-32. Partial-birth abortion defined.For the purposes of §§34-23A-27 to 34-23A-33, inclusive, a partial-birth abortion is any abortion in which the person who performs the abortion causes a living human fetus to be partially vaginally delivered before killing the infant and completing the delivery. Source: SL 1997, ch 129, §6.
SD Codified L § 34-23A-33 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-33 - Fetus and infant defined.

34-23A-33. Fetus and infant defined.For the purposes of §§34-23A-27 to 34-23A-33, inclusive, the term, fetus, and the term, infant, are used interchangeably to refer to the biological offspring of human parents. Source: SL 1997, ch 129, §7.
SD Codified L § 34-23A-35 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-35 - Submission of physician's information report.

34-23A-35. Submission of physician's information report.By January fifteenth of each year, each physician who performed or treated an induced abortion during the previous calendar year or the physician's agent, shall submit to the department a copy of the physicians' information report described in §34-23A-34 with the requested data entered accurately and completely. Source: SL 1998, ch 209, §2; SL 2004, ch 234, §2.
SD Codified L § 34-23A-36 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-36 - Annual public report--Information included.

34-23A-36. Annual public report--Information included.The department shall issue a public report on or before July first of each year providing the same detailed information required by the reporting forms required by §§34-23A-34 to 34-23A-45, inclusive. The public report shall cover the entire previous calendar year and shall be compiled from the data in all the reporting forms required by §§34-23A-34 to 34-23A-45, inclusive, and submitted to the department in accordance with §§34-23A-34 to 34-23A-45, inclusive. Each public report shall also provide detailed information for all previous calendar years, adjusted to reflect any additional information from late or corrected reports. The department shall take care to ensure that none of the information included in the public reports may reasonably lead to identification of any physician who performed or treated an abortion or any mother who has had an abortion. Source: SL 1998, ch 209, §3; SL 2015, ch 183, §1; SL 2019, ch 150, §1.
SD Codified L § 34-23A-37 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-37 - Information collection form.

34-23A-37. Information collection form.The Department of Health shall prepare a reporting form for physicians which shall provide for the collection of the following information:(1)The number of pregnant mothers to whom the physician provided the information described in subdivision 34-23A-10.1(1) and of those pregnant mothers, the number to whom the physician provided information in the capacity of a referring physician and the number to whom the physician provided information in the capacity of a physician who is to perform the abortion;(2)The number of pregnant mothers to whom the physician provided the information described in subdivision 34-23A-10.1(2); of that number, the number provided by telephone and the number provided in person; of each of those numbers, the number provided in the capacity of a referring physician and the number provided in the capacity of a physician who is to perform the abortion; and of each of those numbers, the number provided by the physician and the number provided by an agent of the physician;(3)The number of pregnant mothers who availed themselves of the opportunity to obtain a copy of the printed information described in §34-23A-10.3, and the number who did not; and of each of those numbers, the number who, to the best of the reporting physician's information and belief, went on to obtain the abortion;(4)The number of pregnant mothers who availed themselves of the opportunity to view a sonogram image, hear the heartbeat of the unborn child, or both, pursuant to §34-23A-52, and the number who did not; and of each of those numbers, the number who, to the best of the reporting physician's information and belief, went on to obtain the abortion;(5)The number of abortions performed by the physician in which information otherwise required to be provided at least twenty-four hours before the abortion was not provided because an immediate abortion was necessary to avert the pregnant mother's death, and the number of abortions in which such information was not so provided because a delay would have created a serious risk of substantial and irreversible impairment of a major bodily function;(6)The name of the hospital or physician office;(7)The month, day, and year of the report; and(8)A unique patient number that can be used to link the report under this section to the medical report for inspection, clarification, and correction purposes, but which cannot, of itself, reasonably lead to the identification of any pregnant mother obtaining an abortion. Source: SL 1998, ch 209, §4; SL 2004, ch 234, §3; SL 2008, ch 174, §2; SL 2019, ch 151, §1.
SD Codified L § 34-23A-38 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-38 - Submission of information collection form.

34-23A-38. Submission of information collection form.By February twenty-eighth of each year, each physician who provided, or whose agent provided, information to one or more females in accordance with §34-23A-10.1 during the previous calendar year shall submit to the Department of Health a copy of the physicians' information report form described in §34-23A-37 with the requested data entered accurately and completely. Source: SL 1998, ch 209, §5.
SD Codified L § 34-23A-39 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 23A - Performance Of Abortions|Section 34-23A-39 - Reporting form for use of notice described in § 34-23A-7.

34-23A-39. Reporting form for use of notice described in §34-23A-7.The Department of Health shall prepare a reporting form for physicians which shall provide for the collection of the following information:(1)The number of females or parents whom the physician or agent of the physician provided the notice described in §34-23A-7; and of each of those numbers, the number of females who, to the best of the reporting physician's information and belief, went on to obtain the abortion;(2)The number of females upon whom the physician performed an abortion without providing to the parent of the minor the notice described in §34-23A-7; of that number, the number who were emancipated minors, and the numbers from whom each of the exceptions to §34-23A-7 were applicable;(3)The number of abortions performed upon a female by the physician after receiving judicial authorization to do so without parental notice;(4)The same information described in subdivisions (1) through (3) of this section with respect to females for whom a guardian or conservator has been appointed pursuant to statutes on guardianship or conservatorship because of finding of incompetency ;(5)The name of hospital or physician office;(6)The date of report by month, day, and year; and(7)A unique patient number that can be used to link the report to medical report for inspection, clarification, and correction purposes but that cannot, of itself, reasonably lead to the identification of any person obtaining an abortion. Source: SL 1998, ch 209, §6; SL 2004, ch 234, §4.