New GOP bill would define 'life of mother' in South Dakota's abortion trigger law

PIERRE — Rep. Taylor Rehfeldt , R-Sioux Falls, has introduced a bill that will further clarify what preserving the life of the mother means when a pregnant woman needs an abortion to save her life.

Rehfeldt told reporters at the GOP press conference Thursday that the bill had come from discussions with healthcare professionals about their concerns with the current abortion trigger law.

"There is no definition currently about what [life of the mother] means," Rehfeldt said. "Health care providers are a little bit confused and need some clarifications about how we best care for moms."

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In June, the U.S. Supreme Court struck down Roe v. Wade which gave unlimited rights to seek an abortion. Because of that, South Dakota’s 2005 trigger law went into immediate effect, banning all abortions including in cases of rape and incest, except when the mother's life is at risk.

The language will allow for abortions when the pregnancy creates a high risk to the mother's day-to-day life or continuing the pregnancy would result in substantial injury to their major bodily functions or risk of death.

The abortion, either surgical or medicinal, must take place at a hospital, according to the bill. Physicians will also have to report demographic information to the Department of Health 30 days after the abortion that includes the patient's age, a description on what necessitated the abortion, the method used and the gestational age of the fetus.

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Part of the bill includes an emergency clause, meaning if passed and signed into law, it will go into effect immediately rather than on July 1.

Currently, there are no bills that would create exemptions for abortion when the pregnancy is the result of rape or incest.