FOR AN ACT ENTITLED, An Act to require that information be provided to a pregnant mother whose child tests positive for Down syndrome.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That chapter 34-23B be amended by adding thereto a NEW SECTION to read as follows:

    For purposes of this Act, Down syndrome is a chromosome disorder associated with an extra chromosome twenty-one, in whole or in part, or an effective trisomy for chromosome twenty-one.
    Section 2. That chapter 34-23B be amended by adding thereto a NEW SECTION to read as follows:

    Any primary health care provider of obstetrical care to a pregnant mother and any counselor who provides services to a pregnant mother shall educate all pregnant patients upon receiving a test result that is positive for Down syndrome by providing a written statement that contains

the following:

            (1)    Up-to-date, evidence-based, information about Down syndrome that has been reviewed by medical experts and Down syndrome organizations and includes information on physical, developmental, educational, and psychosocial outcomes and life expectancy, clinical course, intellectual and functional development, and treatment options; and

            (2)    Contact information regarding support programs and services for expectant and new parents of children with Down syndrome, including information hotlines specific to Down syndrome, resource centers or clearinghouses, national and local Down syndrome organizations, and other education and support programs.
    Section 3. That chapter 34-23B be amended by adding thereto a NEW SECTION to read as follows:

    The Department of Health shall provide educational materials and guidance about Down syndrome to physicians, health care providers, and counselors, for the purposes of assuring the dissemination of accurate and appropriate patient education.
    Section 4. That chapter 34-23A be amended by adding thereto a NEW SECTION to read as follows:

    For purposes of this Act, Down syndrome is a chromosome disorder associated with an extra chromosome twenty-one, in whole or in part, or an effective trisomy for chromosome twenty-one.
    Section 5. That § 34-23A-56 be amended by adding thereto a NEW SUBDIVISION to read as follows:

    Inquire into whether the pregnant mother knows of any diagnosis or potential diagnosis of Down syndrome of her unborn child and if so, whether the pregnant mother is seeking an

abortion due to such a diagnosis or potential diagnosis of the unborn child.
    Section 6. That § 34-23A-10.1 be amended by adding thereto a NEW SUBDIVISION to read as follows:

                A written statement that contains the following:

            (a)    Up-to-date, evidence-based, information about Down syndrome that has been reviewed by medical experts and Down syndrome organizations and includes information on physical, developmental, educational, and psychosocial outcomes and life expectancy, clinical course, intellectual and functional development, and treatment options; and

            (b)    Contact information regarding support programs and services for expectant and new parents of children with Down syndrome, including information hotlines specific to Down syndrome, resource centers or clearinghouses, national and local Down syndrome organizations, and other education and support programs.
    Section 7. That chapter 34-23A be amended by adding thereto a NEW SECTION to read as follows:

    The Department of Health shall provide educational materials and guidance about Down syndrome to abortion providers for the purposes of assuring the dissemination of accurate and appropriate education.
    Section 8. That § 34-23A-34 be amended by adding thereto a NEW SUBDIVISION to read as follows:

                Any known diagnosis or potential diagnosis of Down syndrome concerning the unborn child and the following information:

            (a)    Whether the pregnant mother used any form of prenatal screening that would

have determined any type of genetic or physical characteristic of the unborn child;

            (b)    What type of screening was used;

            (c)    The approximate gestational age of the unborn child, in weeks, when the screening was taken.
    Section 9. That chapter 34-23A be amended by adding thereto a NEW SECTION to read as follows:

    Nothing in this Act repeals, by implication or otherwise, any provision not explicitly repealed.
    Section 10. That chapter 34-23A be amended by adding thereto a NEW SECTION to read as follows:

    If a part of this Act is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this Act is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.