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 Repealed.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-10.1 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-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.
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
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_Felony--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.34-23A-74
Legislative finding that Planned Parenthood facility in Sioux Falls performs ninety-eight percent of abortions.34-23A-75
Legislative finding that Planned Parenthood facility in Sioux Falls does not comply with subsections 34-23A-10.1(1)(b) and (e)(ii).34-23A-76
Legislative finding that Planned Parenthood facility in Sioux Falls provides written disclosures that include certain statement.34-23A-77
Legislative finding that statement in § 34-23A-76 does not comply with subsection 34-23A-10.1(1)(e)(ii).34-23A-78
Legislative finding regarding noncompliance with subsection 34-23A-10.1(1)(e)(ii).34-23A-79
Legislative finding that Planned Parenthood facility in Sioux Falls provides written disclosures that include certain statement.34-23A-80
Legislative finding that statement in § 34-23A-79 does not comply with subsection 34-23A-10.1(1)(b).34-23A-81
Legislative finding regarding noncompliance with subsection 34-23A-10.1(1)(b).34-23A-82
Legislative finding that Planned Parenthood facility in Sioux Falls does not comply with subsections 34-23A-10.1(1)(c) and (d).34-23A-83
Legislative finding that Planned Parenthood facility in Sioux Falls provides written disclosures that include certain statement.34-23A-84
Legislative finding that statement in § 34-23A-83 fails to adequately provide, explain, or discuss disclosures required by subsections 34-23A-10.1(1)(c) and (d).34-23A-85
Legislative finding regarding noncompliance with subsections 34-23A-10.1(1)(c) and (d).34-23A-86
Legislative finding regarding pregnant mother's appreciation and understanding of disclosures required by subsections 34-23A-10.1(1)(b), (c) and (d).34-23A-87
Legislative finding regarding phrase “politicians in the State of South Dakota require us to tell you that...”.
Legislative finding regarding inclusion of disclosures required by subsections 34-23A-10.1(1)(b), (c), and (d) in counseling provided by registered pregnancy help centers.