Targeted Regulation of Abortion Providers (TRAP)

South Dakota imposes a variety of requirements on abortion providers that are not imposed on other health care providers, including:

Restrictions on Where Abortions May Be Performed

South Dakota places medically unnecessary restrictions on where abortions may be performed.

Facilities that provide abortion care must obtain a license that cannot exceed $2,000 and must have at least one licensed physician on staff.  S.D. Codified Laws § 34-23A-48 (Enacted 2006).  The South Dakota Department of Health has extensive access to providers' facilities:  "The [South Dakota Department of Health] may inspect an abortion facility at reasonable times as necessary to ensure compliance." S.D. Codified Laws § 34-23A-49 (Enacted 2006). 

South Dakota facilities that provide abortions are also subject to various personnel, sanitation, safety, and "quality assurance" requirements that other medical facilities are not subject to.  S.D. Codified Laws § 34-23A-51.

South Dakota has a law that requires abortions after the 12th week through the 24th week of pregnancy "be performed in a hospital, or if one is not available, in a licensed physician's medical clinic or office of practice subject to the requirements of § 34-23A-6 [blood supply requirements]."  S.D. Codified Laws § 34-23A-4 (Enacted 1973).  A consent decree settled a lawsuit brought by reproductive health care providers that challenged the constitutionality of this law.  See Planned Parenthood of Minn., N.D., S.D. v. Janklow, 216 F.Supp. 2d 983, 993 (D.S.D. 2002), rev'd by Planned Parenthood of Minn., N.D., S.D., v. Rounds, 372 F.3d 969 (8th Cir. 2004), Planned Parenthood of Minn., N.D., S.D.  v. Rounds, No. Civ. 02-4009 (D.S.D. Aug. 11, 2005) (consent decree).  The consent decree interpreted the law to mean that a "sufficient supply of blood immediately available" includes all abortions performed up to and including 14 weeks and 6 days gestation rather than the 12 week limit.  Planned Parenthood of Minn., N.D., S.D.  v. Rounds, No. Civ. 02-4009 (D.S.D. Aug. 11, 2005) (consent decree).

Restrictions on Who May Perform Abortions

South Dakota prohibits certain qualified health care professionals from performing abortions.

Only a physician licensed by the state or a physician practicing medicine or osteopathy and employed by the state or the United States may perform an abortion.  S.D. Codified Laws §§ 34-23A-1(7), -3, -4, -5 (Enacted 1973).

The State Board of Medical and Osteopathic Examiners may not approve a physician assistant practice agreement that includes abortion as a permitted procedure.  S.D. Codified Laws §§ 36-4A-20.1 (Enacted 2000), S.D. Codified Laws §§ 36-4A-1, -20 (Enacted 1973).

In addition, the South Dakota Board of Nursing and the South Dakota Board of Medical and Osteopathic Examiners may not approve a nurse practitioner or nurse midwife collaborative agreement that includes abortion as a permitted procedure.  S.D. Codified Laws §§ 36-9A-1, -15 (Enacted 1979), S.D. Codified Laws § 36-9A-17.2 (Enacted 2000).