South Dakota

What's Happening in South Dakota?

As of now, a patient must undergo state-mandated counseling 72 hours before receiving an abortion. This counseling is designed to discourage people from moving forward with the abortion. The 72 hour waiting period does not include weekends or holidays. Health plans offered in the state’s health exchange under the Affordable Care Act only cover abortion in cases of life endangerment of severely compromised physical health. In those situations, public funding for abortions is available. Parents of minors must be notified before an abortion is provided, and the use of telemedicine to administer medicated abortions is prohibited. Abortions cannot be provided after 20 weeks unless it is a life threatening case or a case of severely compromised health. Abortions cannot be administered because of sex selection or genetic anomaly. South Dakota also requires abortion clinics to meet burdensome standards for their staff, facilities and equipment. Although there are no trigger laws to immediately ban abortions in the case that Roe v. Wade is overturned by the Supreme Court, South Dakota will still be subject to laws that greatly diminish an individual's right to choose. Future legislation in this state could create a complete ban on abortions.

In the Legislature

House Bill 1113: This bill makes it illegal to coerce an individual into having an abortion and provides penalties for this illegal action.

House Bill 1318: This bill makes it illegal to administer medicated abortions through telemedicine. It dictates that medicated abortions must occur in a proper facility where the individual can be monitored before being sent home.

In the Courts

In January, a federal judge blocked a rule that would have eliminated access to medicated abortions in the state. This was a temporary restraining order that was granted at the request of Planned Parenthood and ACLU of South Dakota. The restraining order was followed up by a injunction motion. To learn more about this case, click HERE.