22.558.11 97th Legislative Session 753

2022 South Dakota Legislature

House Bill 1223


Introduced by: Representative Healy

An Act to authorize the provision of informed consent by a pregnant minor.

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

Section 1. That chapter 26-1 be amended with a NEW SECTION:

A pregnant minor who has the mental capacity to consent may provide informed consent for any medical or dental procedure or service, including hospitalization and surgery, related to the minor's prenatal care, the delivery process, or postnatal care, if:

(1) The health care provider first makes an effort to obtain consent from the minor's parent or guardian; and

(2) The minor's parent or guardian is either unavailable or withholds consent.

This section does not apply to an emancipated minor, as defined in § 25-5-24, nor to any consent required prior to an abortion, as set forth in chapter 34-23A.

Underscores indicate new language.

Overstrikes indicate deleted language.