2022 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.
