Signed by Governor Kristi Noem

Vote Smart's Synopsis:

Vote to pass a bill that establishes requirements for abortions resulting in premature birth.

Highlights:

• Defines “born alive” as the complete expulsion or extraction of a human being from its mother, at any stage of gestation, if after the expulsion or extraction, and regardless of whether the umbilical cord has been cut, that human being (Sec. 1):

• Breathes;

• Has a beating heart;

• Has pulsation of the umbilical cord; or

• Has definite movement of voluntary muscles.

• Authorizes a mother upon whom an abortion is performed or attempted to be performed, whose child is born alive, may obtain money damages for any psychological injury the mother sustained where the physician's negligence in caring for the child following birth was a significant contributing factor in causing her psychological injury (Sec. 2).

• Specifies a physician who fails to meet the requirements is liable to the state for a civil penalty of ten thousand dollars for each offense. The attorney general may bring an action to recover that civil penalty and, if successful, shall be awarded reasonable attorney's fees (Sec. 2).

• Specifies a licensed physician, licensed agent, and licensed abortion facility who or that fails to comply with the requirements must be reported to the South Dakota Board of Medical and Osteopathic Examiners and that may form the grounds for sanctions, including suspension of the physician's license and, where appropriate, revocation of such license (Sec. 2).

• Requires any facility or physician performing abortions in this state to forward to the Department of Health (Sec. 3):

• The number of abortions performed;

• The method of abortion used in each abortion performed;

• Complete pathology reports including the period of gestation of fetuses, the presence of abnormality, and the measurements of fetuses, if the facility where the abortion is performed is equipped to complete the reports;

• The number of maternal deaths due directly or indirectly to abortions;

• Reports of all follow-up, including short-term and long-term complications due to abortion in the female who received an abortion;

• The number of infants who survived an attempted abortion;

• Medical action taken to preserve the life of an aborted child born alive;

• The outcome for an aborted child born alive, including the child's survival, death and location of death, if known; and

• Any other information required by the department.

• Prohibits the report made under this section from including the name of any female who received an abortion (Sec. 3).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that establishes requirements for abortions resulting in premature birth.

Highlights:

• Defines “born alive” as the complete expulsion or extraction of a human being from its mother, at any stage of gestation, if after the expulsion or extraction, and regardless of whether the umbilical cord has been cut, that human being (Sec. 1):

• Breathes;

• Has a beating heart;

• Has pulsation of the umbilical cord; or

• Has definite movement of voluntary muscles.

• Authorizes a mother upon whom an abortion is performed or attempted to be performed, whose child is born alive, may obtain money damages for any psychological injury the mother sustained where the physician's negligence in caring for the child following birth was a significant contributing factor in causing her psychological injury (Sec. 2).

• Specifies a physician who fails to meet the requirements is liable to the state for a civil penalty of ten thousand dollars for each offense. The attorney general may bring an action to recover that civil penalty and, if successful, shall be awarded reasonable attorney's fees (Sec. 2).

• Specifies a licensed physician, licensed agent, and licensed abortion facility who or that fails to comply with the requirements must be reported to the South Dakota Board of Medical and Osteopathic Examiners and that may form the grounds for sanctions, including suspension of the physician's license and, where appropriate, revocation of such license (Sec. 2).

• Requires any facility or physician performing abortions in this state to forward to the Department of Health (Sec. 3):

• The number of abortions performed;

• The method of abortion used in each abortion performed;

• Complete pathology reports including the period of gestation of fetuses, the presence of abnormality, and the measurements of fetuses, if the facility where the abortion is performed is equipped to complete the reports;

• The number of maternal deaths due directly or indirectly to abortions;

• Reports of all follow-up, including short-term and long-term complications due to abortion in the female who received an abortion;

• The number of infants who survived an attempted abortion;

• Medical action taken to preserve the life of an aborted child born alive;

• The outcome for an aborted child born alive, including the child's survival, death and location of death, if known; and

• Any other information required by the department.

• Prohibits the report made under this section from including the name of any female who received an abortion (Sec. 3).

Full Bill Text