An Act to authorize the performance and reporting of medical procedures to avert the death or physical impairment of a pregnant female and to declare an emergency.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That chapter 22-17 be amended with a NEW SECTION:

Notwithstanding any other law, before an abortion may be justified as necessary to preserve the life of a pregnant female, as set forth in § 22-17-5.1, the attending physician, exercising reasonable medical judgment, must determine that, by continuing the pregnancy, the female is at serious risk of death or of a substantial and irreversible physical impairment of one or more major bodily functions. An abortion authorized under this section may:

(1) If surgical, take place only at a hospital licensed under chapter 34-12; and

(2) If medical, be effectuated only by a physician practicing at a hospital licensed under chapter 34-12.

For purposes of this section, the term, reasonable medical judgment, means the judgment of a reasonably prudent physician, knowledgeable about the patient's medical history and the treatment options available to the patient.

Section 2. That chapter 22-17 be amended with a NEW SECTION:

No later than thirty days after any abortion takes place under this section, the attending physician shall complete and submit to the Department of Health:

(1) Demographic information regarding the patient;

(2) A brief description regarding the medical condition that necessitated the abortion;

(3) The method by which the abortion occurred; and

(4) The gestational age of the fetus.

The department shall develop and make available on its website the form to be used by a physician in accordance with this section and shall compile and include the information in the annual vital statistics and health status report required under § 34-23A-26.

Information required by this section may not include any personally identifiable information about the patient.

Section 3. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.