22.558.12 97th Legislative Session 753

2022 South Dakota Legislature

House Bill 1223

ENROLLED

An Act

ENTITLED 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.

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

I certify that the attached Act originated in the:

House as Bill No. 1223

Chief Clerk

Speaker of the House

Attest:

Chief Clerk

President of the Senate

Attest:

Secretary of the Senate

House Bill No. 1223

File No. ____

Chapter No. ______

Received at this Executive Office

this _____ day of _____________,

2022 at ____________M.

By

for the Governor

The attached Act is hereby

approved this ________ day of

______________, A.D., 2022

Governor

STATE OF SOUTH DAKOTA,

ss.

Office of the Secretary of State

Filed ____________, 2022

at _________ o'clock __M.

Secretary of State

By

Asst. Secretary of State