July 1 has new abortion, marijuana and education laws hitting the books in South Dakota
- Oops!Something went wrong.Please try again later.
Friday marks the halfway point of 2022 and with it comes several controversial new laws in South Dakota following the Legislative session earlier this year.
The laws brought massive debate before being signed by Gov. Kristi Noem, and some even drew protest ahead of their passing.
Though not an exhaustive list, the Argus Leader takes a look back at those laws now in place. Here's a break down what you need to know. If there's one you feel we've left off, please email sconlon@argusleader.com.
Telemedicine abortion ban
South Dakota now prohibits medical abortion by telemedicine under House Bill 1318. The new law also increased the penalty for the unlicensed practice of medicine when performing a medical abortion.
The law went into effect a week after all abortions in South Dakota immediately became illegal, following the decision by the United States Supreme Court to turn legislative power of abortion access back to the states, essentially activating the state's trigger law.
More: Abortion is now illegal in South Dakota. Here's what you need to know.
That trigger law reads as such:
"Any person who administers to any pregnant female or who prescribes or procures for any pregnant female any medicine, drug, or substance or uses or employs any instrument or other means with intent thereby to procure an abortion, unless there is appropriate and reasonable medical judgment that performance of an abortion is necessary to preserve the life of the pregnant female, is guilty of a Class 6 felony."
Cases of incest and rape are not an exception under the law as it stands.
Transgender ban in women's sports
Defined as an act to protect fairness in women's sports, Senate Bill 46 now bans the ability for transgender women and girls to participate in sanctioned school athletic events.
Part of the law reads as follows:
"Any interscholastic, intercollegiate, intramural, or club athletic team, sport, or athletic event that is sponsored or sanctioned by an accredited school, school district, an activities association or organization, or an institution of higher education under the control of either the Board of Regents or the Board of Technical Education must be designated as one of the following, based on the biological sex at birth of the participating students:
(1) Females, women, or girls;
(2) Males, men, or boys; or
(3) Coeducational or mixed.
Only female students, based on their biological sex, may participate in any team, sport, or athletic event designated as being for females, women, or girls."
South Dakota was one of the first states to pass such a law. More information can be found here.
Critical Race Theory
Critical race theory (CRT) is an academic theory that states race is a social construct, that racism isn’t just the product of individual bias or prejudice, and racism is embedded in the nation’s legal systems and policies.
Top education officials in K-12 and colleges have said CRT largely doesn't show up in South Dakota's content standards or curriculum, but still a law was passed in the recent legislative session to restrict the theory.
More: Gov. Kristi Noem signs executive order limiting critical race theory in K-12 schools
Defined as a law meant to protect students and employees at institutions of higher education from divisive concepts, House Bill 1012 prohibits the South Dakota Board of Regents, or the Board of Technical Education, or any institution under their control:
may not direct or compel a student to personally affirm, adopt, or adhere to divisive concepts
may not require their students or employees to attend or participate in any training or orientation that teaches, advocates, acts upon, or promotes divisive concepts
may not condition enrollment or attendance in a class, training, or orientation on the basis of race or color.
may not authorize or expend funding for any purpose prohibited in this law
For more details about how this law works and how the state defines "divisive concept," visit the state website here.
Noem has also signed an executive order, restricting Critical Race Theory at the K-12 level.
Medical marijuana certification
Some tinkering of South Dakota's year-old medical marijuana law by state lawmakers are also now in effect. And a pair of new laws that hit the books Friday could lower the hurdle for South Dakotans to get a medical marijuana ID card.
Until now, the Department of Health required that a South Dakota-licensed medical doctor certify that their patient had a qualifying medical condition and would benefit from the use of cannabis.
And that's caused some hesitation among the major health systems and medical providers who worry about potential liability that could come with recommending a medicine that's not recognized under federal law.
That only doctors, and not nurse practitioners or physicians assistants, could certify patients also created hurdles for South Dakotans seeking a medical marijuana ID card.
So with support of the medical industry, lawmakers and the governor gave their blessing to a statute changes that allow anyone licensed in South Dakota to prescribe medicine to humans to also certify medical marijuana patients. And when doing so, those medical professionals are no longer recommending their patients use cannabis, but only that they have a qualifying medical condition.
Those conditions are "a chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe, debilitating pain; severe nausea; seizures; or severe and persistent muscle spasms, including those characteristic of multiple sclerosis."
This article originally appeared on Sioux Falls Argus Leader: What to know about South Dakota's new laws in effect as of Friday
