FOR AN ACT ENTITLED, An Act to  provide for appropriate emergency health care for rape survivors and to require health care facilities and the Department of Health to provide information to rape survivors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  Terms used in this Act mean:

             (1)    "Emergency contraception," any drug or device approved by the Food and Drug Administration that can prevent pregnancy after sex;

             (2)    "Emergency care," any medical examination or treatment provided by a health care facility to a rape survivor following an alleged rape;

             (3)    "Medically and factually accurate and objective," verified or supported by the weight of research conducted in compliance with accepted scientific methods and either: published in peer-reviewed journals; or comprising information that leading professional organizations and agencies with relevant expertise in the field recognize as accurate and objective;

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             (4)    "Rape," as defined in §  22-22-1;

             (5)    "Rape survivor" or "survivor," any female person who alleges or is alleged to have been raped and who presents as a patient;

             (6)    "Health care facility," any facility which routinely provides medical care.
     Section  2.  Every health care facility providing emergency care to a rape survivor shall promptly provide such survivor with medically and factually accurate and objective written and oral information pursuant to section 3 of this Act, relating to emergency contraception.

     No health care facility is required to provide emergency contraception to a woman. Nothing in this Act prevents a health care facility from providing emergency contraception or a prescription for emergency contraception to a woman.
     Section  3.  The Department of Health shall develop, prepare, and produce medically and factually accurate and objective informational materials relating to emergency contraception for distribution to and use in all health care facilities in the state, in quantities sufficient to comply with the requirements of this Act. The Department of Health may also approve informational materials from medically recognized sources for the purposes of this Act. Such informational material shall be in clear and concise language, readily comprehensible, in such varieties and forms as the Department of Health deems necessary to inform rape survivors in English and languages other than English. Such materials shall explain the nature of emergency contraception including its use, safety, efficacy, and availability and will conform to the Food and Drug Administration's guidelines regarding emergency contraception.
     Section  4.  The Department of Health shall respond to complaints about noncompliance with the provisions of this Act and shall periodically monitor or inspect to determine whether health care facilities are complying with this Act.