The latest front in the abortion wars: South Dakota makes a big change

South Dakota became the first state in the nation to end the confusion about the ability of doctors to provide emergency care to pregnant women, which is allowed under every pro-life bill in the country.  

Gov. Kristi Noem signed the nation’s first so-called "Med Ed" bill that proponents say will protect the health and safety of pregnant women and push back against abortion misinformation confusing some doctors about when they can perform an emergency abortion to save a life. 

The bipartisan bill aims to educate medical professionals in South Dakota about the state’s life at conception law, including the ability of doctors to provide emergency care to pregnant women, which is protected under every pro-life law in the country. 

HB 1224 will "require the creation of an informational video and other materials describing the state's abortion law and medical care for a pregnant woman experiencing life-threatening or health-threatening medical conditions," the legislation states. The educational materials will be available as direct education for doctors and be established through the state's Department of Health. 

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South Dakota Gov. Kristi Noem gestures as she speaks at the Calvin Coolidge Foundation conference at the Library of Congress in Washington, D.C., on Feb. 17, 2023. (Anna Moneymaker/Getty Images)

Using both the expertise of medical professionals and legal experts, the Med Ed bill will allow the state to directly refute misinformation, including what actions do and do not constitute an abortion, the most common medical conditions that threaten the life or health of a pregnant woman, the generally accepted standards of care in the treatment of a pregnant woman experiencing life-threatening or health-threatening medical conditions and the criteria a doctor should use to determine the best course of treatment for a pregnant woman. 

Kelsey Pritchard, state public affairs director for SBA Pro-Life America, celebrated the victory for South Dakota moms, thanking Gov. Noem for making South Dakota the first state to protect women’s lives with a Med Ed law.

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"Regardless of political affiliation or whether someone is pro-life or pro-choice, South Dakotans of all philosophies can celebrate that moms will be better protected through direct education to our doctors on their ability to exercise reasonable medical judgment in all situations," she said. 

"Though every state with a pro-life law allows pregnant women to receive emergency care, the abortion industry has sown confusion on this fact to justify their position of abortion without limits," she added. "With many in the media refusing to fact-check this obvious lie, other states should look to South Dakota in combatting dangerous abortion misinformation."

Supporters of abortion rights chant slogans outside a Planned Parenthood clinic in West Hollywood, California, on June 24, 2022. (AP Photo/Jae C. Hong)

The bill's sponsor, Republican state Rep. Taylor Rehfeldt, told Fox News Digital that getting the Med Ed legislation passed was the highest priority for her this session. 

"As a nurse who had three children after suffering a stroke, I understand the stress of navigating high-risk pregnancies," she said. "Under South Dakota’s pro-life law, doctors’ ability to treat pregnant women who experience an emergency has not changed." 

"The Med Ed law protects women’s lives by educating health professionals and creating clarity for the public on our state’s ‘life of the mother’ provision," she added. 

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The bill passed overwhelmingly in the state legislature with only one instance of opponent testimony, according to SBA Pro Life America's press release. The only group that publicly spoke out against the bipartisan legislation was the ACLU of South Dakota. 

"Doctors don’t need legal explainers about the best course of treatment. They need to be able to do their jobs without political interference," said Samantha Chapman, ACLU of South Dakota advocacy manager, according to a press release. "A video is not and should never be a substitute for a doctor’s medical education, experience and relationship with their patient."

Pro-choice supporters promote their position at the Kentucky Capitol in Frankfort, Kentucky, on April 13, 2022. (AP Photo/Bruce Schreiner)

"But in South Dakota, the lives of pregnant people experiencing life- and health-threatening conditions are at risk while hospital lawyers attempt to interpret the law into what kind of medical care doctors can provide for them," she said. "Ultimately, House Bill 1224 does nothing to directly address the issue that is really risking the lives of pregnant patients: South Dakota's abortion ban. Instead, House Bill 1224 gives anti-abortion activists a guise to appear to care about pregnant patients while actually passing legislation that further enshrines anti-abortion cruelty."

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The Med Ed bill will serve as model legislation for other pro-life states across the country and the move by South Dakota comes at the same time that the Texas Medical Board is seeking to clarify a "life of the mother" provision currently included in state law. Other states have taken similar steps administratively, including Oklahoma and Kentucky, where attorneys general have issued advisory opinions.