SDCL § 34-23A-70: Time when unborn child capable of feeling pain--Diagnosis of post-fertilization age of unborn child.

For purposes of §§ 34-23A-34 and 34-23A-67 to 34-23A-73, inclusive, an unborn child is capable of feeling pain when the physician performing, or attempting to perform, the abortion or another physician upon whose determination that physician relies, determines that the probable post-fertilization age of the unborn child is twenty or more weeks.

In determining the post-fertilization age of the unborn child, the physician shall make inquiries of the pregnant woman and perform medical examinations and tests that a reasonably prudent physician would perform to accurately diagnose the post-fertilization age of an unborn child.