South Dakota House Bill HB1169

South Dakota 2023 Regular Session

• Introduced: 1/26/23
• Refer: 1/26/23

Caption

Authorize the performance and reporting of medical procedures to avert the death or physical impairment of a pregnant female and to declare an emergency.

Impact

The bill introduces significant changes to the existing abortion laws by narrowing the circumstances under which an abortion can be performed. This act is seen as part of a broader legislative trend aimed at limiting access to abortion services, particularly by imposing more stringent regulations on how and where abortions can be performed. The reporting requirement, in which physicians must submit information about the abortion procedures to the Department of Health, adds a layer of bureaucratic oversight that could create additional barriers for both patients and healthcare providers. It is expected to have an impact on how abortions are approached, complicating access for women in precarious medical situations.

Summary

House Bill 1169 aims to regulate abortion procedures in South Dakota by establishing specific criteria under which an abortion can be performed. The bill stipulates that in order for an abortion to be justified as necessary to save the life of a pregnant woman, a physician must determine that continuing the pregnancy poses a serious risk to her life or could cause substantial and irreversible physical impairment. It requires that surgical abortions are performed only in licensed hospitals and medical abortions are also carried out by physicians within hospital settings. This requirement emphasizes the involvement of medical professionals and the necessity for hospital affiliations in such cases, which reflects a trend towards stricter control in reproductive health legislation in the state.

Contention

The introduction of HB 1169 has sparked debate among lawmakers and advocacy groups, highlighting the ongoing conflicts surrounding reproductive rights in the state. Supporters of the bill argue that it is necessary to protect the health and lives of pregnant women by ensuring that abortions are conducted under stringent medical guidelines. Conversely, opponents contend that the bill infringes on women's rights and can lead to denial of necessary medical care under the guise of legal protections. Critics also argue that the reporting requirement might deter physicians from providing abortions or could invade the privacy of patients, raising ethical questions about data collection and consent.