§ 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-2.1 Physician to inform in case of medical emergency
§ 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-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 Child born alive–Preservation of life and health
§ 34-23A-16.2 Abortion–Child born alive–Civil and disciplinary action
§ 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 Performance of abortion–Required reports–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-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 and hear child’s heartbeat–Documentation of response to offer
§ 34-23A-52.1 Medical emergency exception
§ 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
§ 34-23A-59 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-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-67 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-76 Legislative finding that Planned Parenthood facility in Sioux Falls provides written disclosures that include certain statement
§ 34-23A-79 Legislative finding that Planned Parenthood facility in Sioux Falls provides written disclosures that include certain statement
§ 34-23A-83 Legislative finding that Planned Parenthood facility in Sioux Falls provides written disclosures that include certain statement
§ 34-23A-87 Legislative finding regarding phrase “politicians in the State of South Dakota require us to tell you that…”
§ 34-23A-89 Definition–Down syndrome
§ 34-23A-90 Down syndrome–Abortion prohibited–Penalty
§ 34-23A-91 Intentional, knowing, or negligent failure to comply–Civil action
§ 34-23A-92 Exemptions to save life of the mother
§ 34-23A-93 Nonrepealer clause
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Terms Used In South Dakota Codified Laws > Title 34 > Chapter 23A - Performance of Abortions

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Children: includes children by birth and by adoption. See South Dakota Codified Laws 2-14-2
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2