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South Dakota

Refusal to Provide Medical Services

ABORTION REFUSAL CLAUSE

South Dakota allows certain individuals or entities to refuse to provide abortion services.

To whom does the refusal clause apply? Hospitals, physicians, nurses, counselors, social workers, or other persons.

What does the refusal clause allow? The refusal of a physician, nurse, or other person to perform or assist in abortion care may not be a basis for liability, dismissal, or other prejudicial actions by a hospital or medical facility with which the person is affiliated or employed. No counselor, social worker, or other person in a position to address "the abortion question . . . as part of [the] workday routine" who provides or refuses to provide abortion counseling or assistance may be liable to any person or subject to retaliation by an institution with which the person is affiliated or employed. No hospital is required to admit a woman for the purpose of abortion. The refusal of a hospital to participate in accordance with an adopted policy may not be a basis for liability.

Does the law require the refusing entity to notify the persons affected? No.

Are there circumstances under which a refusal clause may not be exercised? No.

Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for abortion services? No.

Does the law provide a mechanism for women to otherwise obtain specific reproductive-health services, information, or referrals if an individual and/or entity exercises a refusal clause? No.

S.D. Codified Laws §§ 34-23A-11 to -14 (Enacted 1973).

PHARMACIST REFUSAL CLAUSE

South Dakota allows pharmacists to refuse to fill or refill prescriptions.

To whom does the refusal clause apply? Pharmacists.

What does the refusal clause allow? No pharmacist may be required to dispense medication if there is reason to believe that the medication would be used to cause an abortion. Refusal may not be the basis for any claim of damages against the pharmacist or the pharmacy, or the basis for any disciplinary, recriminatory, or discriminatory action against the pharmacist.

Does the law require the refusing entity to notify the persons affected? No.

Are there circumstances under which a refusal clause may not be exercised? No.

Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for abortion services? No.

Does the law provide a mechanism for women to otherwise obtain specific reproductive-health services, information, or referrals if an individual and/or entity exercises a refusal clause? No.

S.D. Codified Laws § 36-11-70 (Enacted 1998).

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