reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-59.2 - Release of confidential information as misdemeanor.

34-23A-59.2. Release of confidential information as misdemeanor.
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 guilty of a Class 2 misdemeanor. Such a conviction of a Class 2 misdemeanor shall be reported to any agency or board responsible for licensing or certifying the persons who conducted the counseling required by §§34-23A-53 to 34-23A-61, inclusive.
Source:
SL 2012, ch 186, §9.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-60 - Civil action for failure to comply with §§34-23A-56 and 34-23A-57.

34-23A-60. Civil action for failure to comply with §§34-23A-56 and 34-23A-57.
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 reasonable attorney's fees and costs, jointly and severally from the physician who performed the abortion and the abortion facility where the abortion was performed.
This amount shall be in addition to any damages that the woman or her survivors may be entitled to receive under any common law or statutory provisions, to the extent that she sustains any injury. This amount shall also be in addition to the amounts that the woman or other survivors of the deceased unborn child may be entitled to receive under any common law or statutory provisions, including but not limited to the wrongful death statutes of this state.
Source:
SL 2011, ch 161, §8.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-61 - Civil action for failure to comply with chapter.

34-23A-61. Civil action for failure to comply with chapter.
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 presumption that if the pregnant mother had been informed or assessed in accordance with the requirements of this chapter, she would have decided not to undergo the abortion;
(2)If the trier of fact determines that the abortion was the result of coercion, and it is determined that if the physician acted prudently, the physician would have learned of the coercion, there is a nonrebuttable presumption that the mother would not have consented to the abortion if the physician had complied with the provisions of §§34-23A-53 to 34-23A-62, inclusive;
(3)If evidence is presented by a defendant to rebut the presumption set forth in subdivision (1), then the finder of fact shall determine whether this particular mother, if she had been given all of the information a reasonably prudent patient in her circumstance would consider significant, as well as all information required by §§34-23A-53 to 34-23A-62, inclusive, to be disclosed, would have consented to the abortion or declined to consent to the abortion based upon her personal background and personality, her physical and psychological condition, and her personal philosophical, religious, ethical, and moral beliefs;
(4)The pregnant mother has a right to rely upon the abortion doctor as her source of information, and has no duty to seek any other source of information, other than from a pregnancy help center as referenced in §§34-23A-56 and 34-23A-57, prior to signing a consent to an abortion;
(5)No patient or other person responsible for making decisions relative to the patient's care may waive the requirements of this chapter, and any verbal or written waiver of liability for malpractice or professional negligence arising from any failure to comply with the requirements of this chapter is void and unenforceable.
Source:
SL 2011, ch 161, §9; SL 2012, ch 186, §10.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-62 - Repeal not implied.

34-23A-62. Repeal not implied.
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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-63 - Definitions regarding sex-selective abortions.

34-23A-63. Definitions regarding sex-selective abortions.
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 sex of an unborn child.
Source:
SL 2014, ch 168, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-64 - Sex-selective abortions prohibited--Felony.

34-23A-64. Sex-selective abortions prohibited--Felony.
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.
Source:
SL 2014, ch 168, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-65 - Repeal not implied.

34-23A-65. Repeal not implied.
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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-67 - Legislative findings as to unborn child capable of experiencing pain.

34-23A-67. Legislative findings as to unborn child capable of experiencing pain.
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 child is capable of experiencing pain by twenty weeks after fertilization.
Source:
SL 2016, ch 180, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-68 - Definitions regarding unborn child capable of experiencing pain.

34-23A-68. Definitions regarding unborn child capable of experiencing pain.
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 probability be the post-fertilization age of the unborn child at the time the abortion is planned to be performed or induced;
(3)"Reasonable medical judgment," a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved;
(4)"Woman," a female human being whether or not she has reached the age of majority.
Source:
SL 2016, ch 180, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-69 - Abortion of unborn child capable of feeling pain prohibited--Felony--Exceptions.

34-23A-69. Abortion of unborn child capable of feeling pain prohibited--Felony--Exceptions.
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 performed.
Source:
SL 2016, ch 180, §3; SL 2017, ch 161, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-70 - Time when unborn child capable of feeling pain--Diagnosis of post-fertilization age of unborn child.

34-23A-70. Time when unborn child capable of feeling pain--Diagnosis of post-fertilization age of unborn child.
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 post-fertilization age of the unborn child is twenty or more weeks.
In determining the post-fertilization age of the unborn child, the physician shall make inquiries of the pregnant woman and perform medical examinations and tests that a reasonably prudent physician would perform to accurately diagnose the post-fertilization age of an unborn child.
Source:
SL 2016, ch 180, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-71 - Intent of pregnant mother to inflict self-harm not medical emergency.

34-23A-71. Intent of pregnant mother to inflict self-harm not medical emergency.
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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-72 - Requirements when abortion of unborn child capable of feeling pain necessary due to medical emergency.

34-23A-72. Requirements when abortion of unborn child capable of feeling pain necessary due to medical emergency.
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 consistent with preserving the pregnant mother's life and preventing an irreversible impairment of a major bodily function of the pregnant woman.
Source:
SL 2016, ch 180, §6.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-73 - Repeal not implied.

34-23A-73. Repeal not implied.
Nothing in SL 2016, ch 180 repeals, by implication or otherwise, any provision not explicitly repealed.
Source:
SL 2016, ch 180, §8.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-74 - Legislative finding that Planned Parenthood facility in Sioux Falls performs ninety-eight percent of abortions.

34-23A-74. Legislative finding that Planned Parenthood facility in Sioux Falls performs ninety-eight percent of abortions.
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.
Source:
SL 2018, ch 205, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-75 - Legislative finding that Planned Parenthood facility in Sioux Falls does not comply with subsections 34-23A-10.1(1)(b) and (e)(ii).

34-23A-75. Legislative finding that Planned Parenthood facility in Sioux Falls does not comply with subsections 34-23A-10.1(1)(b) and (e)(ii).
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 with the mandatory disclosures required by subsections 34-23A-10.1(1)(b) and (e)(ii).
Source:
SL 2018, ch 205, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-76 - Legislative finding that Planned Parenthood facility in Sioux Falls provides written disclosures that include certain statement.

34-23A-76. Legislative finding that Planned Parenthood facility in Sioux Falls provides written disclosures that include certain statement.
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 State of South Dakota require us to tell you that some studies have found that women who have had abortions have a higher rate of suicide or thoughts of suicide than other women. We dispute this statement because it does not mean that abortion causes suicide or thoughts of suicide. In fact, no research study has ever established that abortion causes suicide or thoughts of suicide. Planned Parenthood and other medical organizations around the world believe that whether a woman chooses to have an abortion or to have a baby, her chance of having thoughts of suicide or trying suicide will be the same."
Source:
SL 2018, ch 205, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-77 - Legislative finding that statement in §34-23A-76 does not comply with subsection 34-23A-10.1(1)(e)(ii).

34-23A-77. Legislative finding that statement in §34-23A-76 does not comply with subsection 34-23A-10.1(1)(e)(ii).
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 consent abortion law.
Source:
SL 2018, ch 205, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-78 - Legislative finding regarding noncompliance with subsection 34-23A-10.1(1)(e)(ii).

34-23A-78. Legislative finding regarding noncompliance with subsection 34-23A-10.1(1)(e)(ii).
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 §§34-23A-1.3 to 34-23A-1.7, inclusive, and 34-23A-10.1, and the holding of the United States Court of Appeals in Planned Parenthood v. Rounds, 686 F.3d 889 (8th Cir. 2012)(en banc) and the final amended judgment of the U.S. District Court, dated December 28, 2012.
Source:
SL 2018, ch 205, §5.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-79 - Legislative finding that Planned Parenthood facility in Sioux Falls provides written disclosures that include certain statement.

34-23A-79. Legislative finding that Planned Parenthood facility in Sioux Falls provides written disclosures that include certain statement.
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 State of South Dakota require us to tell you that, as a matter of biology, the abortion will end a developing, living organism (an "embryo" or a "fetus") of the human species ("Homo sapiens") that has a complete, separate genetic makeup that is unique to that embryo or fetus."
Source:
SL 2018, ch 205, §6.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-80 - Legislative finding that statement in §34-23A-79 does not comply with subsection 34-23A-10.1(1)(b).

34-23A-80. Legislative finding that statement in §34-23A-79 does not comply with subsection 34-23A-10.1(1)(b).
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, ch 205, §7.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-81 - Legislative finding regarding noncompliance with subsection 34-23A-10.1(1)(b).

34-23A-81. Legislative finding regarding noncompliance with subsection 34-23A-10.1(1)(b).
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 holdings of the United States Court of Appeals in Planned Parenthood v. Rounds, 530 F.3d 724 (8th Cir. 2008)(en banc) and the United States District Court, entered August 20, 2009, Planned Parenthood v. Rounds, 650 F.Supp. 2d 972, 976 (S.D., S. Div. 2009).
Source:
SL 2018, ch 205, §8.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 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).

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).
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 adequately explain the mandatory disclosures required by subsections 34-23A-10.1(1)(c) and (d).
Source:
SL 2018, ch 205, §9.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-83 - Legislative finding that Planned Parenthood facility in Sioux Falls provides written disclosures that include certain statement.

34-23A-83. Legislative finding that Planned Parenthood facility in Sioux Falls provides written disclosures that include certain statement.
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 statement:
"Politicians in the State of South Dakota require us to tell you that you are legally and constitutionally protected against being forced to have an abortion."
Source:
SL 2018, ch 205, §10.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 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).

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).
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 woman has an existing relationship with that unborn human being and that the relationship enjoys protection under the United States Constitution and under the laws of South Dakota," and "(d) [t]hat by having an abortion, her existing relationship and her existing constitutional rights with regards to that relationship would be terminated."
Source:
SL 2018, ch 205, §11.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-85 - Legislative finding regarding noncompliance with subsections 34-23A-10.1(1)(c) and (d).

34-23A-85. Legislative finding regarding noncompliance with subsections 34-23A-10.1(1)(c) and (d).
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 fully understand that the pregnant mother has an existing relationship with her unborn child while the child is in utero, that the law recognizes this relationship has value to her, and that by terminating that relationship she loses something of great value to herself, and gives up one of the greatest rights she has in all of life.
Source:
SL 2018, ch 205, §12.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 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).

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).
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 have a full appreciation and understanding of the disclosures required by subsections 34-23A-10.1(1)(b), (c) and (d).
Source:
SL 2018, ch 205, §13.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-87 - Legislative finding regarding phrase "politicians in the State of South Dakota require us to tell you that...".

34-23A-87. Legislative finding regarding phrase "politicians in the State of South Dakota require us to tell you that...".
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 that the required disclosures, to the extent they are made at all, should be ignored.
Source:
SL 2018, ch 205, §14.