PIERRE, S.D.(KELOLAND)- A new video explains situations when physicians can legally perform an abortion in South Dakota in order to save the life of the pregnant female. The video was released by the South Dakota Department of Health.
The YouTube video is just under six minutes in length. State Health Secretary Melissa Magstadt is the narrator.
Legislation(HB1224) passed during the 2024 session required that the department “create a video and other materials” no later than September 1 and make the video and materials available on its website.
In the video, Secretary Magstadt said it would not be considered an abortion when a miscarriage occurs, when a pregnancy occurs outside the uterine cavity or when a fetus never formed.
She then describes “a non-exhaustive list” of conditions when a physician could decide to proceed with an abortion if there are various specific situations involving the health of the female or the fetus. But she said those conditions tend to be “very rare and rarely take place at a pre-viable gestational age with a living fetus.”
Magstadt stressed several times the physician must document “his or her thought processes” when deciding whether to perform an abortion and must notify the female when the decision to perform an abortion has been reached.
She said the physician also “should, if possible” inform the patient of the medical conditions supporting that judgment, document the consent process with the patient and “be sure” to indicate that maternal-fetal separation is necessary to save the life of the maternal patient.
The video ends with a disclaimer: “This video is not legal advice, and any legal questions should be referred to your attorney. Moreover, this video and its content is not legally binding.”