S.D. Codified Laws § 36-4-47

Current with legislation signed by the governor on or before 3/6/2024
Section 36-4-47 - Medical abortion-Procedure

For the purpose of inducing a medical abortion, a pregnant mother may only take the medications Mifepristone or Misoprostol up to nine weeks after conception. Mifepristone and Misoprostol must be prescribed and dispensed by a licensed physician in a licensed abortion facility consistent with chapter 34-23A and in compliance with the applicable requirements in chapter 36-4.

A pregnant mother may only be administered Mifepristone by the licensed physician who fully complied with all the provisions of § 34-23A-56, and first obtains, from the pregnant mother, all information required by § 34-23A-57 and her informed consent. A different physician may administer Mifepristone and take a signed consent from the pregnant mother only if expressly authorized pursuant to § 34-23A-57.

After taking Mifepristone and undergoing an observation period in the abortion facility, the pregnant mother may return home.

Between twenty-four and seventy-two hours after taking Mifepristone, if the pregnant mother decides to continue with the medical abortion, the pregnant mother must return to the licensed abortion facility to receive the proper amount of Misoprostol. A licensed physician shall dispense the Misoprostol to the pregnant mother in the same manner as required for Mifepristone under this section.

Neither Mifepristone nor Misoprostol may be dispensed for the purpose of inducing a medical abortion in any manner contrary to this section.

The abortion facility staff shall monitor the pregnant mother for complications for a medically necessary period following each administration of the abortion-inducing medications.

The abortion facility staff shall schedule a follow-up appointment with the pregnant mother to return to the abortion facility on the fourteenth day after taking the medication to confirm that the fetus, placenta, and membranes have been fully expelled.

SDCL 36-4-47

SL 2022, ch 143, §2.
Added by S.L. 2022, ch. 143,s. 2, eff. 7/1/2022.