Highlights:
Noem Argued Against Telemedicine Abortions. According to KELO, “Moving to a discussion on telemedicine abortions which allow patients to receive abortion pills in the mail, Brennan pointed out that South Dakota is one of 30 states that will limit access to these pills. She asked Noem how she would prevent people from receiving this federally-approved medication. In response, Noem said she brought forward a bill that would ban doctors from prescribing these medications over the phone or via the internet, but offered no insight on future plans. Telemedicine abortions are approved by the FDA. ‘In South Dakota, we’ve already had a bill passed that set on telemedicine abortions, that we don’t believe it should be available, because it is a dangerous situation for those individuals without being medically supervised by a physician,’ Noem said.” [KELO, 6/26/22]
Noem Pledged To Restrict Mail-Order Abortion. According to the Associated Press, “South Dakota’s Republican governor pledged on Sunday to bar mail-order abortion pills but said women should not face prosecution for seeking them. In apparent defiance of legal guidance by the Justice Department after the Supreme Court last week stripped away women’s constitutional protections for abortion, Kristi Noem indicated in national television interviews that she would put in place a plan approved by state lawmakers to restrict the pills.” [Associated Press, 6/26/22]
Noem Issued Executive Order To Restrict Medication Abortion, Requiring Patients To Undergo In-Person Consultation With Physician. According to the Associated Press, “South Dakota Gov. Kristi Noem on Tuesday issued an executive order to restrict access to abortion medication and make it clear that medicine-induced abortions fall within state law requiring an in-person consultation with a physician. Amid a nationwide push among Republicans to outlaw most abortions, Noem directed the state Department of Health to create rules that abortion-inducing drugs can only be prescribed or dispensed by a state-licensed physician after an in-person examination. South Dakota law already places that requirement on doctors, but the Republican governor’s order was made in anticipation that the Food and Drug Administration later this year will allow abortion medications to be dispensed through the mail or virtual pharmacies. […] Noem’s order blocks the drugs from being delivered through the mail or other delivery services and outlaws the drugs from being provided in schools or on state property. It also requires licenses for any clinics that only prescribe medicine for abortions and require more stringent reporting on medicine-induced abortions and any health complications related to them.” [Associated Press, 9/7/21]
Noem’s Executive Order Also Required Patients Seeking Medication Abortion To Go To The Doctor Three Separate Times Instead Of Two. According to the Associated Press, “South Dakota Gov. Kristi Noem on Wednesday signed a bill that would make the state one of the most difficult places to get abortion pills, though most of the law will not be enacted unless the state prevails in a federal court battle. The Republican governor pushed the legislation this year to enshrine a similar rule from her administration that attempted to require abortion-seekers to make three separate visits to a doctor to take abortion pills.” [Associated Press, 3/23/22]
Noem Signed A New Law Codifying Her Executive Order, Required Pregnant Woman To Make Three Visits To Doctor For Abortion Medication. According to CNN, “South Dakota Gov. Kristi Noem on Wednesday signed a law that further restricts access to abortions through medication in the state, though the measure will not take effect immediately, pending a federal court case. […] While the Biden administration lifted the requirement that abortion drugs be dispensed in person last year, the new South Dakota law requires a pregnant woman who wants to get the abortion medication to first be screened, then wait three days before obtaining the first drug in a two-dose process. The woman would then have to make a third visit to receive the second dose.” [CNN, 3/23/22]
Noem Opposed Biden Administration Efforts To Increase Access To Telemedicine Abortion Due To The Pandemic. According to the Argus Leader, “The Biden administration has also been loosening restrictions around telemedicine, which have been extended in practice to abortion services during the pandemic. ‘The Biden Administration is continuing to overstep its authority and suppress legislatures that are standing up for the unborn to pass strong pro-life laws. They are working right now to make it easier to end the life of an unborn child via telemedicine abortion. That is not going to happen in South Dakota,’ Noem said in a statement. ‘I will continue working with the legislature and my Unborn Child Advocate (Miller) to ensure that South Dakota remains a strong pro-life state.’” [Argus Leader, 9/7/21]
Noem Claimed Telemedicine Abortion Ban Will “Protect Both Unborn Babies And Their Mothers.” According to the governor’s official Twitter account, “My legislation to ban telemedicine abortions passed the Senate and is on its way to my desk! With this bill, we will protect both unborn babies and their mothers from this dangerous procedure.” [Twitter, @govkristinoem, 3/2/22]
Noem And Attorney General Jackley Wrote To South Dakota Pharmacists Regarding State Illegality Of Abortion Medication After FDA Permitted Abortion Pills To Be Dispensed At Retail Pharmacies. According to a press release from Governor Kristi Noem, “Today, Gov. Kristi Noem and Attorney General Marty Jackley wrote to South Dakota pharmacists to remind them of state law regarding the illegality of abortions except those necessary to save the life of the mother. The Food and Drug Administration (FDA) recently declared that the federal government will permit chemical abortion drugs to be dispensed at all retail pharmacies. You can find the letter here. ‘Chemical abortions remain illegal in South Dakota. Under South Dakota law, pharmacies, including chain drug stores, are prohibited from procuring and dispensing abortion-inducing drugs with the intent to induce an abortion, and are subject to felony prosecution under South Dakota law, despite the recent FDA ruling. Their resources should be focused on helping mothers and their babies, both before birth and after,’ wrote Governor Noem and Attorney General Jackley. Following the United States Supreme Court’s Dobbs decision in June 2022, states were once again allowed to make their own choices over abortion policy. South Dakota had a trigger law on the books, passed in 2005, that made abortion illegal except to save the life of a pregnant mother.” [Governor Kristi Noem Press Release, 1/24/23]
Noem Threatened Charges For Pharmacists Who Dispense Abortion Pills After FDA Announced Federal Government Would Permit Abortion Pills To Be Dispensed At All Retail Pharmacies. According to the Associated Press, “South Dakota Gov. Kristi Noem, along with the state’s Republican attorney general, said Tuesday the state will prosecute pharmacists who dispense abortion-inducing pills following a recent Food and Drug Administration rule change that broadens access to the pills.The Republican governor and South Dakota Attorney General Marty Jackley released a letter to South Dakota pharmacists saying they are ‘subject to felony prosecution’ if they procure or dispense abortion-inducing drugs. The state bans all abortions except to save the life of the pregnant person. ‘South Dakota will continue to enforce all laws including those that respect and protect the lives of the unborn,’ Noem and Jackley said in the letter. The FDA earlier this month formally updated labeling for abortion pills to allow many more retail pharmacies to dispense them, so long as they complete a certification process.” [Associated Press, 1/24/23]
Noem Reiterated She Was Making It Clear South Dakota Pharmacists Must Follow State Abortion Laws. According to a tweet from Kristi Noem’s personal account, “As a mother and grandmother, I believe that every life is precious and made in God’s image. We are making it clear that South Dakota pharmacists must follow the law and protect life. In South Dakota, we’ll continue helping mothers and their babies before birth and after.” [Twitter, @kristinoem, 1/25/23]