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South Dakota Codified Laws
Title 34
Chapter 34-23A
S.D. Codified Laws ch. 34-23A
Performance of Abortions
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34-23A-1
Definitions.
34-23A-1.1
Attempt to perform abortion defined.
34-23A-1.2
Legislative findings--Termination of life.
34-23A-1.3
Legislative findings--Relationship between pregnant woman and unborn child.
34-23A-1.4
Legislative findings--Risks to life and health of pregnant woman.
34-23A-1.5
Legislative findings--Special protection of rights of pregnant women.
34-23A-1.6
Legislative findings--Standard of practice requiring informed consent.
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-2
Repealed
Repealed
34-23A-2.1
Physician to inform in case of medical emergency.
34-23A-3
Repealed
Repealed
34-23A-4
Repealed
Repealed
34-23A-5
Repealed
Repealed
34-23A-6
Blood supply and testing facilities to be available during abortion--Inoculations required.
34-23A-7
Forty-eight hour notice to parent or guardian for minor or incompetent female--Delivery of notice--Exceptions.
34-23A-7.1
Abortion without notification--Participation and representation of female--Confidentiality--Appeal of denial.
34-23A-8
34-23A-8, 34-23A-9. Repealed by SL 1977, ch 189, § 126; SL 1977, ch 190, §§ 63, 64.
34-23A-10
Repealed
Repealed
34-23A-10.1
Voluntary and informed consent required--Medical emergency exception--Information provided.
34-23A-10.2
Statement of informed consent--Misdemeanor--Report of physician's conviction--Female not penalized.
34-23A-10.3
Publication of educational materials.
34-23A-10.4
Department of Health to develop and maintain multi-media website--Contents--Collection of related statistics.
34-23A-10.5
Form required by 34-23A-10.1(1) to be prescribed by department.
34-23A-11
Counselor or social worker not liable for arranging abortion--Retaliation from employer prohibited.
34-23A-12
No liability for refusal to perform abortion.
34-23A-13
Medical facility not to discriminate for performance or refusal to perform abortion.
34-23A-14
Hospital not required to perform abortions--No liability for refusal of abortion as policy.
34-23A-15
Repealed
Repealed
34-23A-16
Birth certificate for live birth resulting from abortion--Death certificate on subsequent death.
34-23A-16.1
Child born alive--Preservation of life and health.
34-23A-16.2
Abortion--Child born alive--Civil and disciplinary action.
34-23A-17
Use of fetal tissue, organs, or body parts for research or transplantation prohibited--Exceptions--Violation as felony.
34-23A-18
Abortion as evidence in proceedings to terminate parental rights or to adjudicate dependency of child.
34-23A-19
Performance of abortion--Required reports--Rules.
34-23A-20
Severability of provisions.
34-23A-21
Construction of chapter.
34-23A-22
Cause of action for certain abortions--Amount of damages--Attorney's fees.
34-23A-23
Anonymity of female plaintiff--Specific written findings.
34-23A-24
Analyses of maternal mortality.
34-23A-25
Analyses of pregnancy outcomes.
34-23A-26
Publication of findings on maternal mortality and pregnancy outcomes.
34-23A-27
Partial-birth abortion prohibited--Violation a felony.
34-23A-28
Application of partial-birth abortion prohibition.
34-23A-29
Civil action for death of fetus or infant in partial-birth abortion.
34-23A-30
Money damages in partial-birth abortion.
34-23A-31
Prosecution of woman upon whom partial-birth abortion performed.
34-23A-32
Partial-birth abortion defined.
34-23A-33
Fetus and infant defined.
34-23A-34
Physician's reporting form--Contents.
34-23A-35
Submission of physician's information report.
34-23A-36
Annual public report--Information included.
34-23A-37
Information collection form.
34-23A-38
Submission of information collection form.
34-23A-39
Reporting form for use of notice described in § 34-23A-7.
34-23A-40
Submission of reporting form.
34-23A-41
Penalty for failure to submit reporting form.
34-23A-42
Failure to submit reporting form a misdemeanor.
34-23A-43
Department to ensure compliance--Inspection.
34-23A-44
Department to ensure anonymity--Confidentiality of communication.
34-23A-45
"Induced abortion" defined.
34-23A-46
Licensing of abortion facilities.
34-23A-47
Exceptions to abortion facility license requirement.
34-23A-48
Application for abortion facility license--Contents--Fee--Inspection and investigation--Renewal.
34-23A-49
Compliance inspections.
34-23A-49.1
Inspection information to be posted on department's public website.
34-23A-50
Fees to be deposited in abortion facility licensing fund.
34-23A-51
Promulgation of rules--Minimum standards for abortion facilities.
34-23A-52
Opportunity to view sonogram and hear child's heartbeat--Documentation of response to offer.
34-23A-52.1
Medical emergency exception.
34-23A-53
Definition of terms.
34-23A-54
Legislative findings.
34-23A-55
Duties of physician in addition to common law.
34-23A-56
Scheduling of abortion--Prior requirements.
34-23A-57
Patient's written signed statement.
34-23A-58
Registry of pregnancy help centers.
34-23A-58.1
Certification of conditions by pregnancy help centers.
34-23A-58.2
Pregnancy help centers placed on registry before January 1, 2012.
34-23A-58.3
Pregnancy help centers placed on registry after January 1, 2012.
34-23A-58.4
Registry may not include entities licensed to place children for adoption or perform abortions--List of licensed persons who provide counseling--Removal from registry for failure to comply.
34-23A-59
Pregnancy help center consultations.
34-23A-59.1
Licensed professionals required at pregnancy help centers.
34-23A-59.2
Release of confidential information as misdemeanor.
34-23A-60
Civil action for failure to comply with §§ 34-23A-56 and 34-23A-57.
34-23A-61
Civil action for failure to comply with chapter.
34-23A-62
Repeal not implied.
34-23A-63
Definitions regarding sex-selective abortions.
34-23A-64
Sex-selective abortions prohibited--Felony.
34-23A-65
Repeal not implied.
34-23A-66
Repealed
Repealed
34-23A-67
Legislative findings as to unborn child capable of experiencing pain.
34-23A-68
Definitions regarding unborn child capable of experiencing pain.
34-23A-69
Abortion of unborn child capable of feeling pain prohibited--Felony--Exceptions.
34-23A-70
Time when unborn child capable of feeling pain--Diagnosis of post-fertilization age of unborn child.
34-23A-71
Intent of pregnant mother to inflict self-harm not medical emergency.
34-23A-72
Requirements when abortion of unborn child capable of feeling pain necessary due to medical emergency.
34-23A-73
Repeal not implied.
34-23A-74
Legislative finding that Planned Parenthood facility in Sioux Falls performs ninety-eight percent of abortions.
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-76
Legislative finding that Planned Parenthood facility in Sioux Falls provides written disclosures that include certain statement.
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-78
Legislative finding regarding noncompliance with subsection 34-23A-10.1(1)(e)(ii).
34-23A-79
Legislative finding that Planned Parenthood facility in Sioux Falls provides written disclosures that include certain statement.
34-23A-80
Legislative finding that statement in § 34-23A-79 does not comply with subsection 34-23A-10.1(1)(b).
34-23A-81
Legislative finding regarding noncompliance with subsection 34-23A-10.1(1)(b).
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-83
Legislative finding that Planned Parenthood facility in Sioux Falls provides written disclosures that include certain statement.
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-85
Legislative finding regarding noncompliance with subsections 34-23A-10.1(1)(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).
34-23A-87
Legislative finding regarding phrase "politicians in the State of South Dakota require us to tell you that...".
34-23A-88
Legislative finding regarding inclusion of disclosures required by subsections 34-23A-10.1(1)(b), (c), and (d) in counseling provided by registered pregnancy help centers.
34-23A-89
Definition--Down syndrome.
34-23A-90
Down syndrome--Abortion prohibited--Penalty.
34-23A-91
Intentional, knowing, or negligent failure to comply--Civil action.
34-23A-92
Exemptions to save life of the mother.
34-23A-93
Nonrepealer clause.
34-23A-94
Informational video--Abortion law.