Gov. Noem signs ‘born alive’ legislation

South Dakota News

South Dakota Gov. Kristi Noem addresses the Legislature, Tuesday, Feb. 9, 2021, at the Capitol in Pierre. (AP Photo/Stephen Groves)

PIERRE, S.D. (KCAU) — South Dakota Gov. Kristi Noem signed a bill that will require medical professionals to offer any baby born alive the same medical care they would offer for any other child, regardless of the circumstances surrounding a child’s birth.

House Bill 1051 applies to all doctors who perform or attempt to perform an abortion that results in a child being born alive. Such a physician has a physician-patient relationship with that child under the laws of this state, with all of the duties that attend that relationship. Among the duties of such physician is the duty to ensure that the child is immediately admitted to a hospital, consistent with accepted standards of medical practice.

“The pro-life cause continues even after a child is born, and this bill will guarantee the right to life for every baby that is born alive,” said Gov. Noem. “We expect doctors to treat all children equally, even those born in horrific circumstances. That’s basic human decency.”

The law requires medical professionals to provide the same means, medical skills, and treatment to every child born alive immediately following an attempted abortion as they would any other child.

The bill also allows a mother to sue any doctor or abortion facility that violates the law, imposes financial penalties on those who violate the law, and requires certain reporting to the Department of Health for any births that arise following a failed abortion.

The bill states that doctors who fail to comply to the requirements could be penalized $10,000. Doctors must also be reported to the South Dakota Board of Medical and Osteopathic Examiners.

You can read House Bill 1051 here.

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