There is a newer version of the South Dakota Codified Laws
2016 South Dakota Codified Laws
Title 34 - PUBLIC HEALTH AND SAFETY
Chapter 23A - Performance Of Abortions
- § 34-23A-1 Definition of terms.
- § 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 Abortion lawful only under specified conditions.
- § 34-23A-2.1 Physician to inform in case of medical emergency.
- § 34-23A-3 Abortion permitted during first twelve weeks--Medical judgment of attending physician.
- § 34-23A-4 Abortion following twelfth week of pregnancy through twenty-second week of pregnancy.
- § 34-23A-5 Abortion following twenty-second week of pregnancy.
- § 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-9. Repealed.
- § 34-23A-10 Repealed.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-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- § 34-23A-15 Repealed.
- § 34-23A-16 Birth certificate for live birth resulting from abortion--Death certificate on subsequent death.
- § 34-23A-16.1 Right to life of babies born alive.
- § 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 Reports required of facility or physician performing abortions--Contents--Name of mother omitted--Promulgation of 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 required.
- § 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.
- § 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--Misdemeanor--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.
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