An Act to provide for certain reporting require reports regarding the intentional disposal, destruction, or other disposition of human embryos.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 34-14-20 be AMENDED.

34-14-20. Human embryo--Definition.

For purposes of §§ 34-14-16 to 34-14-20 34-14-20.1, inclusive, the term, human embryo, means a living organism of the species Homo sapiens, at the earliest stages of development (, including the single‑celled stage), that is not located in a woman's body.

Section 1. That a NEW SECTION be added:

34-14-20.1. Disposition of human embryo--Duty to report.

Any facility that creates or handles a human embryo in this state shall, by January fifteenth of each year, submit a form to the Department of Health indicating:

(1) The number of embryos created in the preceding calendar year;

(2) The number of embryos that were transferred to a woman's womb in the preceding calendar year;

(3) (a) The number of embryos that were created in the preceding calendar year and stored, but never transferred to a woman's womb; and

(b) The location at which the embryos were stored;

(4) (a) The number of embryos in storage on the preceding December thirty-first, regardless of their date of creation; and

(b) The location of the storage;

(5) (a) The number of embryos transferred during the preceding calendar year to a location other than the facility in which they were created or a woman's womb;

(b) The location to which the embryos were transferred; and

(c) The purpose for the transfer of the embryos; and

(6) (a) The number of embryos disposed of in the preceding calendar year; and

(b) The reason, by category, for the disposal of the embryos T

(1) The number of embryos intentionally disposed of or destroyed, in this state, during the preceding calendar year;

(2) The number of embryos shipped or transported out of this state, during the preceding calendar year, for their intentional disposal or destruction in another state; and

(3) The number of embryos shipped or transported out of this state, during the preceding calendar year, for any purpose.

The form required by this section must be provided by the department and may not include any personally identifiable information.

The department shall make the information required by this section available on the department's website.

For purposes of this section, facility means any public or private organization, corporation, partnership, sole proprietorship, association, agency, network, joint venture, or other entity that is involved in medical or scientific research or that, for any purpose, creates or handles human embryos as defined in § 34-14-20, and includes an embryo laboratory, as defined in 42 U.S.C. § 263a-7, on March 1, 2021.