An Act to clarify informed consent requirements for the provision of prenatal and postnatal care to a minor.

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

Section 1. That a NEW SECTION be added to chapter 26-1:

A pregnant minor who, in the opinion of the health care provider, has the mental capacity to consent may provide informed consent for any medical or dental procedure or service, including hospitalization and surgery, related to the minor's prenatal care, the delivery process, or postnatal care, if:

(1) The health care provider first makes a reasonable effort to obtain consent from the minor's parent or guardian;

(2) The health care provider documents the effort made in accordance with subdivision (1) of this section in the minor's medical record; and

(3) The minor's parent or guardian:

(a) Is unavailable; or

(b) Is incapable of providing informed consent because of a mental or physical incapacity.

This section does not apply to an emancipated minor, as defined in § 25-5-24.