reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23 - Venereal Diseases › Section 34-23-10 - Blood sample and testing when pregnant woman not attended by physician.

34-23-10. Blood sample and testing when pregnant woman not attended by physician.
Every person other than a physician permitted by law to attend upon pregnant women in the state but not permitted by law to take blood tests, shall cause a sample of the blood of such pregnant woman to be taken by a duly licensed physician and submitted for standard serological tests for syphilis to the State Public Health Laboratory or such other laboratories cooperating with, and approved by, the Department of Health.
Source:
SL 1939, ch 103; SDC Supp 1960, §27.2406 (1).
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23 - Venereal Diseases › Section 34-23-12 - Blood test during pregnancy noted on birth certificate--Result not stated.

34-23-12. Blood test during pregnancy noted on birth certificate--Result not stated.
In reporting every birth and stillbirth, physicians and others permitted to attend pregnancy cases and required to report births and stillbirths shall state on the birth certificate or fetal death certificate, as the case may be, whether a blood test for syphilis has been made during such pregnancy upon a specimen of blood taken from the woman who bore the child for which a birth or fetal death certificate is filed, and if made, the date when such test was made, and if not made, the reason why such test was not made. In no event shall the certificate state the result of the test.
Source:
SL 1939, ch 103; SDC Supp 1960, §27.2406 (2).
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23 - Venereal Diseases › Section 34-23-13 - Rules and regulations for venereal disease control.

34-23-13. Rules and regulations for venereal disease control.
The State Department of Health is hereby empowered and directed to make, in compliance with chapter 1-26, such rules and regulations as shall in its judgment be necessary for the carrying out of the provisions of this chapter, including rules and regulations provided for the control and treatment of persons isolated or quarantined under the provisions of this chapter and such other rules and regulations not in conflict with the provisions of this chapter concerning the control of venereal diseases and concerning the care, treatment, and quarantine of persons infected therewith, as it may from time to time deem advisable.
All such rules and regulations so made shall be of force and binding upon all county and municipal health officers and other persons affected by this chapter.
Source:
SL 1919, ch 284, §5; SDC 1939, §27.2405; SL 1972, ch 15, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23 - Venereal Diseases › Section 34-23-14 - Violation as misdemeanor.

34-23-14. Violation as misdemeanor.
Any person who violates any of the provisions of this chapter or any lawful rule or regulation made by the Department of Health pursuant to the authority therein granted, or who shall fail or refuse to obey any lawful order issued by any state, county, or municipal health officer pursuant to the authority granted in this chapter, shall be guilty of a Class 1 misdemeanor.
Source:
SL 1919, ch 284, §6; SDC 1939, §27.9940; SL 1977, ch 190, §62.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23 - Venereal Diseases › Section 34-23-15 - Treatment of minors--Definition of terms.

34-23-15. Treatment of minors--Definition of terms.
As used in §§34-23-16 to 34-23-18, inclusive, "physician" or "licensed physician" shall mean physicians licensed under chapter 36-4.
Source:
SL 1971, ch 210, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23 - Venereal Diseases › Section 34-23-16 - Minor's consent to treatment by physician valid--Prophylactic treatment--Disaffirmance prohibited.

34-23-16. Minor's consent to treatment by physician valid--Prophylactic treatment--Disaffirmance prohibited.
Any licensed physician, upon consultation by any minor as a patient, may, with the consent of such person who is hereby granted the right of giving such consent, make a diagnostic examination for venereal disease and prescribe for and treat such person for venereal disease including prophylactic treatment for exposure to venereal disease whenever such person is suspected of having a venereal disease or contact with anyone having a venereal disease. Any such consent shall not be subject to later disaffirmance by reason of minority.
Source:
SL 1971, ch 210, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23 - Venereal Diseases › Section 34-23-17 - Treatment of minors by health departments authorized.

34-23-17. Treatment of minors by health departments authorized.
Treatment of a minor for venereal disease by a county health department, State Health Department, or doctors attached to such departments shall be offered to a minor, if available, upon the minor's request and without the necessity of consent of parents or notification to the parents.
Source:
SL 1971, ch 210, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23 - Venereal Diseases › Section 34-23-18 - Immunity of agencies treating minors--Liability for negligence.

34-23-18. Immunity of agencies treating minors--Liability for negligence.
In any such case arising under the provisions of §§34-23-16 and 34-23-17 the hospital, public clinic, or licensed physician who provides the care or services or who performs medical or surgical care or services shall incur no civil or criminal liability by reason of having made such diagnostic examination or rendered such treatment, but such immunity shall not apply to any negligent acts or omissions.
Source:
SL 1971, ch 210, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-1 - Definition of terms.

34-23A-1. Definition of terms.
Terms used in this chapter mean:
(1)"Abortion," the intentional termination of the life of a human being in the uterus;
(1A)"Abortion facility," a place where abortions are performed;
(1B)"Department," the South Dakota Department of Health;
(2)"Fetus," the biological offspring, including the implanted embryo or unborn child, of human parents;
(3)"Fertilization," that point in time when a male human sperm penetrates the zona pellucida of a female human ovum;
(4)"Human being," an individual living member of the species of Homo sapiens, including the unborn human being during the entire embryonic and fetal ages from fertilization to full gestation;
(5)"Medical emergency," any condition which, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function;
(6)"Parent," one parent or guardian of the pregnant minor or the guardian or conservator of the pregnant woman;
(7)"Physician," a person licensed under the provisions of chapter 36-4 or a physician practicing medicine or osteopathy in the employ of the government of the United States or of this state;
(8)"Probable gestational age of the unborn child," what, in the judgment of the physician, will with reasonable probability be the gestational age of the unborn child at the time the abortion is planned to be performed.
Source:
SL 1973, ch 146, §1; SL 1993, ch 249, §1; SL 1997, ch 204, §1; SL 2000, ch 171, §1; SL 2005, ch 186, §8; SL 2005, ch 189, §3; SL 2006, ch 182, §1; SL 2021, ch 148, § 1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-1.1 - Attempt to perform abortion defined.

34-23A-1.1. Attempt to perform abortion defined.
For the purposes of this chapter, an attempt to perform an abortion is an act or omission that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance of an abortion in South Dakota.
Source:
SL 1993, ch 249, §1A.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-1.2 - Legislative findings--Termination of life.

34-23A-1.2. Legislative findings--Termination of life.
The Legislature finds that all abortions, whether surgically or chemically induced, terminate the life of a whole, separate, unique, living human being.
Source:
SL 2005, ch 186, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-1.3 - Legislative findings--Relationship between pregnant woman and unborn child.

34-23A-1.3. Legislative findings--Relationship between pregnant woman and unborn child.
The Legislature finds that there is an existing relationship between a pregnant woman and her unborn child during the entire period of gestation.
Source:
SL 2005, ch 186, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-1.4 - Legislative findings--Risks to life and health of pregnant woman.

34-23A-1.4. Legislative findings--Risks to life and health of pregnant woman.
The Legislature finds that procedures terminating the life of an unborn child impose risks to the life and health of the pregnant woman. The Legislature further finds that a woman seeking to terminate the life of her unborn child may be subject to pressures which can cause an emotional crisis, undue reliance on the advice of others, clouded judgment, and a willingness to violate conscience to avoid those pressures. The Legislature therefore finds that great care should be taken to provide a woman seeking to terminate the life of her unborn child and her own constitutionally protected interest in her relationship with her child with complete and accurate information and adequate time to understand and consider that information in order to make a fully informed and voluntary consent to the termination of either or both.
Source:
SL 2005, ch 186, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-1.5 - Legislative findings--Special protection of rights of pregnant women.

34-23A-1.5. Legislative findings--Special protection of rights of pregnant women.
The Legislature finds that pregnant women contemplating the termination of their right to their relationship with their unborn children, including women contemplating such termination by an abortion procedure, are faced with making a profound decision most often under stress and pressures from circumstances and from other persons, and that there exists a need for special protection of the rights of such pregnant women, and that the State of South Dakota has a compelling interest in providing such protection.
Source:
SL 2005, ch 186, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-1.6 - Legislative findings--Standard of practice requiring informed consent.

34-23A-1.6. Legislative findings--Standard of practice requiring informed consent.
The Legislature finds that, through the common law, the courts of the State of South Dakota have imposed a standard of practice in the health care profession that, except in exceptional circumstances, requires physicians and other health care practitioners to provide patients with such facts about the nature of any proposed course of treatment, the risks of the proposed course of treatment, the alternatives to the proposed course, including any risks that would be applicable to any alternatives, as a reasonable patient would consider significant to the decision of whether to undergo the proposed course of treatment.
Source:
SL 2005, ch 186, §5.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-1.7 - Common law cause of action for medical malpractice informed consent claims based on reasonable patient standard reaffirmed--Application to abortion procedures--Construction.

34-23A-1.7. Common law cause of action for medical malpractice informed consent claims based on reasonable patient standard reaffirmed--Application to abortion procedures--Construction.
The South Dakota common law cause of action for medical malpractice informed consent claims based upon the reasonable patient standard is reaffirmed and is hereby expressly declared to apply to all abortion procedures. The duty of a physician to disclose all facts about the nature of the procedure, the risks of the procedure, and the alternatives to the procedure that a reasonable patient would consider significant to her decision of whether to undergo or forego the procedure applies to all abortions. Nothing in §34-23A-1, §§34-23A-1.2 to 34-23A-1.7, inclusive, §34-23A-10.1, and §34-23A-10.3 may be construed to render any of the requirements otherwise imposed by common law inapplicable to abortion procedures or diminish the nature or the extent of those requirements. The disclosure requirements expressly set forth in §34-23A-1, §§34-23A-1.2 to 34-23A-1.7, inclusive, §34-23A-10.1, and §34-23A-10.3 are an express clarification of, and are in addition to, those common law disclosure requirements.
Source:
SL 2005, ch 186, §6.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-2.1 - Physician to inform in case of medical emergency.

34-23A-2.1. Physician to inform in case of medical emergency.
If a medical emergency compels the performance of an abortion, the physician shall inform the female, prior to the abortion if possible, of the medical indications supporting his judgment that an abortion is necessary to avert her death or that a delay will create serious risk of substantial and irreversible impairment of a major bodily function.
Source:
SL 1993, ch 249, §6.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-6 - Blood supply and testing facilities to be available during abortion--Inoculations required.

34-23A-6. Blood supply and testing facilities to be available during abortion--Inoculations required.
Any abortion performed under the provisions of §34-23A-4 or 34-23A-5 shall be performed only in a facility which has a blood bank or a sufficient supply of blood immediately available and such facilities shall provide for Rhesus factor (Rh) testing and Rho-gam, Gammulin or any other product of equivalency inoculations shall be required for women undergoing abortion who have the Rh-negative factor.
Source:
SL 1973, ch 146, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-7.1 - Abortion without notification--Participation and representation of female--Confidentiality--Appeal of denial.

34-23A-7.1. Abortion without notification--Participation and representation of female--Confidentiality--Appeal of denial.
In any proceeding pursuant to subdivision 34-23A-7(1) or 34-23A-7(3), the pregnant female may participate in proceedings in the court on her own behalf, and the court may appoint a guardian ad litem for her. The court shall, however, advise her that she has a right to court- appointed counsel and shall, upon her request, provide her with such counsel. Proceedings in the court under subdivision 34-23A-7(1) or 34-23A-7(3) shall be confidential and shall be given such precedence over other pending matters so that the court may reach a decision promptly and without delay so as to serve the best interests of the pregnant female. A judge of the court who conducts proceedings under subdivision 34-23A-7(1) or 34-23A-7(3) shall make in writing specific factual findings and legal conclusions supporting the decision and shall order a record of the evidence to be maintained including the judge's own findings and conclusions.
An expedited confidential appeal shall be available to any such pregnant female for whom the court denies an order authorizing an abortion without notification. An order authorizing an abortion without notification is not subject to appeal. No filing fees are required of any such pregnant female at either the trial or the appellate level. Access to the trial court for the purposes of such a petition or motion, and access to the appellate courts for purposes of making an appeal from denial of the same, shall be afforded such a pregnant female twenty-four hours a day, seven days a week. Notwithstanding any other provision of law, all pleadings, papers, and other documents filed pursuant to this section are confidential, are not public records, and are not open for inspection by any member of the public for any purpose.
Source:
SL 1997, ch 204, §3; SL 2005, ch 189, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-10.2 - Statement of informed consent--Misdemeanor--Report of physician's conviction--Female not penalized.

34-23A-10.2. Statement of informed consent--Misdemeanor--Report of physician's conviction--Female not penalized.
A physician who, knowingly or in reckless disregard, violates §34-23A-2.1, 34-23A-7, or 34-23A-10.1 is guilty of a Class 2 misdemeanor. The court in which a conviction of a violation of §34-23A-2.1, 34-23A-7, or 34-23A-10.1 occurs shall report such conviction to the Board of Medical and Osteopathic Examiners.
No penalty may be assessed against the female upon whom the abortion is performed or attempted to be performed. No criminal penalty or civil liability for failure to comply with subsection 34-23A-10.1(2)(c) or that portion of subsection 34-23A-10.1(3) requiring a written certification that the woman has been informed of her opportunity to review the information referred to in subsection 34-23A-10.1(2)(c) may be assessed unless the department of health has made the printed materials available at the time the physician or the physician's agent is required to inform the female of her right to review them.
Source:
SL 1980, ch 245, §2; SL 1993, ch 249, §7; SL 1997, ch 204, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-10.3 - Publication of educational materials.

34-23A-10.3. Publication of educational materials.
The health department shall publish, in culturally sensitive languages, the following printed materials, in such a way as to ensure that the information is easily comprehensible:
(1)Materials designed to inform the pregnant woman of all the disclosures enumerated in §34-23A-10.1;
(2)Materials designed to inform the pregnant woman of public and private agencies and services available to assist a pregnant woman through pregnancy, upon childbirth and while the child is dependent, including adoption agencies, which shall include a list of the agencies available and a description of the services they offer;
(3)Materials designed to inform the pregnant woman of the probable anatomical and physiological characteristics of the unborn child at two-week gestational increments from the time when a pregnant woman can be known to be pregnant to full term, including any relevant information on the possibility of the unborn child's survival and pictures or drawings representing the development of unborn children at two-week gestational increments. Such pictures or drawings shall contain the dimensions of the fetus and shall be realistic and appropriate for the stage of pregnancy depicted. The materials shall be objective, nonjudgmental, and designed to convey only accurate scientific information about the unborn child at the various gestational ages; and
(4)Materials designed to inform the pregnant woman that: "If someone is sexually abusing you or causing you to exchange sex for something of value, and you want help, call 911, text or call the number provided on this notice.".
The materials shall be printed in a typeface large enough to be clearly legible and shall be available at no cost from the Department of Health upon request and in appropriate number to any person, facility, or hospital.
Source:
SL 1993, ch 249, §5; SL 2005, ch 186, §9; SL 2017, ch 160, §2; SL 2021, ch 149, § 2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-10.4 - Department of Health to develop and maintain multi-media website--Contents--Collection of related statistics.

34-23A-10.4. Department of Health to develop and maintain multi-media website--Contents--Collection of related statistics.
The Department of Health shall, by January 1, 2004, develop and maintain a multi-media website that contains web pages covering each of the following topics:
(1)Embryonic and fetal development at various gestational stages;
(a)Anatomical and physiological characteristics; and
(b)Survival possibilities of the unborn child;
(2)Abortion methods commonly used for each trimester of pregnancy;
(3)Statistically significant abortion method risks, including infection, hemorrhage, danger to subsequent pregnancies, and infertility;
(4)Important pre-abortion procedures;
(a)Confirmation of pregnancy via sonogram; and
(b)Counseling and discussion of medical history to detect possible abortion risks;
(5)Post-abortion psychological and emotional complications;
(6)Parental notification as required by 34-23A-7;
(7)Assistance, benefits, and services:
(a)Names and contact information of public and private agencies; and
(b)Types and availability of public medical benefits and services;
(8)Responsibility of the father of the unborn child;
(9)Statistically significant pregnancy risks;
(10)Adoption options:
(a)Names and contact information of public and private agencies; and
(b)Description of services;
(11)Information on discontinuing a drug-induced abortion.
The state shall collect and maintain web statistics regarding the website developed and maintained pursuant to this section. However, no personal information may be collected.
Source:
SL 2003, ch 185, §1; SL 2016, ch 176, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-10.5 - Form required by 34-23A-10.1(1) to be prescribed by department.

34-23A-10.5. Form required by 34-23A-10.1(1) to be prescribed by department.
To meet the requirement of subdivision 34-23A-10.1(1), a physician shall use a form prescribed by the department. The department shall promulgate rules pursuant to chapter 1-26 specifying the form necessary to meet the requirement of this section.
Source:
SL 2019, ch 149, §1, eff. Jan. 1, 2020.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-11 - Counselor or social worker not liable for arranging abortion--Retaliation from employer prohibited.

34-23A-11. Counselor or social worker not liable for arranging abortion--Retaliation from employer prohibited.
No counselor, social worker, or anyone else who may be in such a position where the abortion question may appear as a part of their workday routine, shall be liable to any person for damages allegedly arising from advising or helping to arrange for or for refusal to arrange or encourage abortion, and there shall be no retaliation from any agency or institution with which such person may be affiliated or by which he may be employed.
Source:
SL 1973, ch 146, §9.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-12 - No liability for refusal to perform abortion.

34-23A-12. No liability for refusal to perform abortion.
No physician, nurse, or other person who refuses to perform or assist in the performance of an abortion shall be liable to any person for damages arising from that refusal.
Source:
SL 1973, ch 146, §7.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-13 - Medical facility not to discriminate for performance or refusal to perform abortion.

34-23A-13. Medical facility not to discriminate for performance or refusal to perform abortion.
No physician, nurse, or other person who performs or refuses to perform or assist in the performance of an abortion shall, because of that performance or refusal, be dismissed, suspended, demoted, or otherwise prejudiced or damaged by a hospital or other medical facility with which he is affiliated or by which he is employed.
Source:
SL 1973, ch 146, §8.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-14 - Hospital not required to perform abortions--No liability for refusal of abortion as policy.

34-23A-14. Hospital not required to perform abortions--No liability for refusal of abortion as policy.
No hospital licensed pursuant to the provisions of chapter 34-12 is required to admit any patient for the purpose of terminating a pregnancy pursuant to the provisions of this chapter. No hospital is liable for its failure or refusal to participate in such termination if the hospital has adopted a policy not to admit patients for the purpose of terminating pregnancies as provided in this chapter.
Source:
SL 1973, ch 146, §8.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-16 - Birth certificate for live birth resulting from abortion--Death certificate on subsequent death.

34-23A-16. Birth certificate for live birth resulting from abortion--Death certificate on subsequent death.
Whenever an abortion procedure results in a live birth, a birth certificate shall be issued certifying the birth of said live born person even though said live person may thereafter die in a short time. In the event death does ensue after a short time, a death certificate shall be issued; both the birth and death certificates shall be issued pursuant to law and rules and regulations of the State Department of Health.
Source:
SL 1973, ch 146, §11.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 23A - Performance Of Abortions › Section 34-23A-16.1 - Child born alive--Preservation of life and health.

34-23A-16.1. Child born alive--Preservation of life and health.
The same means and medical skills and treatment provided a child born alive consistent with accepted standards of medical practice for treatment of a child at that child's particular stage of gestation must be employed and provided to every child born alive immediately following an abortion or an attempted abortion. This obligation applies to every physician who performs or attempts to perform an abortion that results in a child being born alive. Such physician has a physician-patient relationship with that child under the laws of this state, with all of the duties that attend that relationship. Among the duties of such physician is the duty to ensure that the child is immediately admitted to a hospital, consistent with accepted standards of medical practice.
For purposes of this section, born alive means the complete expulsion or extraction of a human being from its mother, at any stage of gestation, if after the expulsion or extraction, and regardless of whether the umbilical cord has been cut, that human being:
(1)Breathes;
(2)Has a beating heart;
(3)Has pulsation of the umbilical cord; or
(4)Has definite movement of voluntary muscles.
Source:
SL 1977, ch 284, §1; SL 2021, ch 150, § 1.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.