An Act to modify provisions related to prohibited medical interventions on minors.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 34-24-34 be AMENDED:
34-24-34. Except as provided in 34-24-35, a healthcare professional may not, for the purpose of attempting to alter the appearance of, or to validate a minor's perception of, the minor’s sex, if that appearance or perception is inconsistent with the minor's sex, knowingly:
(1) Prescribe or administer any drug to delay or stop normal puberty, unless the minor's parent or legal guardian has consented to the prescription or administration;
(2) Prescribe or administer testosterone, estrogen, or progesterone, in amounts greater than would normally be produced endogenously in a healthy individual of the same age and sex, unless the minor's parent or legal guardian has consented to the prescription or administration;
(3) Perform any sterilizing surgery, including castration, hysterectomy, oophorectomy, orchiectomy, penectomy, and vasectomy;
(4) Perform any surgery that artificially constructs tissue having the appearance of genitalia differing from the minor's sex, including metoidioplasty, phalloplasty, and vaginoplasty; or
(5) Remove any healthy or non-diseased body part or tissue.
Section 2. That 34-24-37 be AMENDED:
34-24-37.
Any civil action
to recover damages for injury suffered as a result of a violation of
34-24-34
must be commenced
before the later of:
(1) The
date on which the person reaches age twenty-five; or
(2) Within
three
within two
years from the time the person discovered or reasonably should have
discovered that the injury or damages were caused by the violation.