South Dakota Ultrasound Bill (HB 1177)
This law was last updated on Mar 25, 2019
HB 1177 prohibits a physician from taking consent for an abortion from a pregnant person without first offering them an opportunity to view a sonogram and hear the heartbeat of the fetus.
The physician must offer to describe the sonogram images if the pregnant person consents.
The physician must document the pregnant person’s response to the offer, including the date and time of the offer and the pregnant person’s signature to their response to the offer.
The provisions of this law do not apply in cases of medical emergency.
Below is the original version of HB 1177.
As introduced, HB 1177 would have required a physician or qualified technician to perform an obstetric ultrasound on a pregnant person prior to the performance of an abortion, unless there is a medical emergency.
The physician would have been required to provide a verbal explanation of the images, including the presence and location of the fetus within the uterus, the number of fetuses depicted, and whether the ultrasound image indicates that fetal demise has occurred.
The physician would have been required to display the images so that the pregnant person may view them.
The physician would have been required to provide a medical description of the images, including a medical description of the dimensions of the embryo or fetus, and the presence of external members and internal organs, if present and viewable.
A physician who failed to perform an ultrasound prior to an abortion would have been guilty of a Class 6 felony.
The bill clarified that the ultrasound method should be whatever the patient and physician agree is best under the circumstance.
Similar to SB 6.
1/29/19 – Introduced; referred to House State Affairs Committee.
2/22/19 – Passed committee by an 11-2 vote.
3/6/19 – Passed senate committee by a 9-0 vote.
3/7/19 – Amended; passed the Senate by a 33-1 vote.
3/20/19 – Signed into law by Gov. Kristi Noem (R).