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South Dakota

Targeted Regulation of Abortion Providers (TRAP)

South Dakota imposes extra restrictions on abortion providers, despite the fact that all health-care providers already must comply with a variety of federal and state regulations governing health, safety, building and fire codes, and zoning requirements.  

Restrictions on Where Abortion Services May Be Provided

South Dakota places medically unnecessary restrictions on where abortion services may be provided.

Any facility other than a hospital-including a physician's office-that provides abortion care must become licensed as an "abortion facility" and must comply with a uniquely imposed licensure scheme not required of other medical providers.  These regulations include various personnel, sanitation, safety, and "quality assurance" requirements, many of which are not medically related.  S.D. Codified Laws, § 34-23A-51.  For instance, the regulations stipulate the size of procedure rooms (115 square feet) and recovery rooms (45 square feet) and dictate the types of flooring and lighting that may be used.  S.D. Admin. R. 44:67:05:02, 44:67:05:03 (2006).

South Dakota has a law that requires abortion services between 12 and 24 weeks to "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 abortion procedures provided up to and including 14 weeks and six 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 Provide Abortion Services

South Dakota prohibits certain qualified health-care professionals from providing abortion services.

Only a physician licensed by the state or a physician practicing medicine or osteopathy and employed by the state or the United States may provide abortion care.  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).


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