Excerpt from the Watertown Public Opinion (reg. required):
State ban has contraception exemption
By Bob Mercer, Capitol Bureau
Friday, March 10, 2006 10:34 AM CST
PIERRE - Doctors and pharmacists can continue to prescribe and provide women with emergency contraceptives under South Dakota's new law banning nearly all abortions.
But the drugs or chemicals can be administered only in the first few days after sexual intercourse, during the interval before normal medical tests show whether the woman is pregnant.
After that time, the only circumstance under which an abortion would be legal is to prevent the death of the mother.
State legislators and others who support the abortion ban are pointing to the exemption for emergency contraception as proof that the law isn't as harsh as commonly portrayed.
The law purposely doesn't allow abortions in cases of rape and incest.
Many people in South Dakota and nationally are objecting to the law as too extreme.
There is a common misperception that victims of rape or incest will be denied choice,according to state Rep. Elizabeth Kraus, R-Rapid City.
She said a victim of rape or incest will still be able to obtain a medical abortion through the use of emergency contraception.
Legislators, lawyers and activists on both sides of the abortion rights fight agree the exemption for emergency contraceptives could be used in the event of rape or incest.
According to the law, however, it must happen “prior to the time when a pregnancy could be determined through conventional medical testing.
In other words, a woman can receive emergency contraception but only when it can't be proven yet there is a pregnancy to terminate.
The bill does make a medical-contraceptive abortion available in the case of rape and incest, said Rep. Roger Hunt, R-Brandon. He is prime sponsor of the abortion ban, HB 1215.
The confusion about an exception for rape and incest is due to the fact the language of the bill does not specifically use the words rape and incest, he said.
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