Current Status Introducing Body:House Bill Number:3866 Primary Sponsor:Corning Committee Number:25 Type of Legislation:GB Subject:Informed Consent for Abortion Act Residing Body:House Current Committee:Judiciary Computer Document Number:BR1/1477.AC Introduced Date:Apr 11, 1991 Last History Body:House Last History Date:Apr 11, 1991 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Corning H. Brown Quinn Type of Legislation:General Bill
Bill Body Date Action Description CMN
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3866 House Apr 11, 1991 Introduced, read first time, 25
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 IN CHAPTER 41, TITLE 44 SO AS TO ENACT THE SOUTH CAROLINA INFORMED CONSENT FOR ABORTION ACT AND TO PROVIDE PENALTIES FOR VIOLATION; AND TO DESIGNATE SECTIONS 44-41-10 THROUGH 44-41-80 AS ARTICLE 1, CHAPTER 41 OF TITLE 44 ENTITLED "ABORTIONS GENERALLY".
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Sections 44-41-10 through 44-41-80 of the 1976 Code are designated Article 1, Chapter 41, Title 44 of the 1976 Code entitled "Abortions Generally".
SECTION 2. Chapter 41, Title 44 of the 1976 Code is amended by adding:
Section 44-41-310. This article may be cited as the `Informed Consent for Abortion Act'.
Section 44-41-320. As used in this article:
(1) `Medical emergency' means that condition which, on the basis of the physician's best clinical judgment, so complicates a pregnancy as to necessitate an immediate abortion to avert the risk of death of the mother or to avert the risk of immediate and irreversible loss of major bodily function.
(2) `Probable gestational age of the unborn child' means what, in the judgment of the attending physician, is with reasonable probability the gestational age of the unborn child at the time the abortion is planned to be performed.
Section 44-41-330. No abortion may be performed or induced except with the voluntary and informed consent of the woman upon whom the abortion is to be performed or induced. Except in the case of a medical emergency, consent to an abortion is voluntary and informed only if:
(1) The woman is told the following by the physician who is to perform the abortion:
(a) the name of the physician who will perform the abortion;
(b) the medical risks associated with the abortion procedure to be employed;
(c) the probable gestational age of the unborn child at the time the abortion is to be performed; and
(d) the medical risks to the mother associated with the pregnancy and childbirth.
(2) Except in cases of rape or incest as determined by the physician, the woman is informed, by the physician, by his agent or should the abortion be performed in a clinic, by its agent, that she has the right to review the printed materials described in Section 44-41-340. The physician, his agent, or, should the abortion be performed in a clinic, its agent shall orally inform the woman the materials have been provided by this State and that they describe the unborn child and list agencies which offer alternatives to abortion, that medical assistance benefits may be available for prenatal care, childbirth, and neonatal care, and that the father is liable to assist in the support of the child, even in instances in which the father has offered to pay for the abortion. If the woman chooses to view the materials, copies of them must be furnished to her. (3) The woman certifies in writing, before the abortion, that the information described in item (1) of this section has been furnished her, and that, except in cases of rape or incest as determined by the physician, she has been informed of her opportunity to review the information referred to in item (2) of this section.
(4) Before performing the abortion, the physician who is to perform or induce the abortion or his agent receives a copy of the written certification prescribed by item (3) of this section.
Section 44-41-340. (A) The South Carolina Department of Health and Environmental Control shall cause to be published the following printed materials:
(1) geographically indexed materials designed to inform the woman of public and private agencies and services available to assist a woman through pregnancy, upon childbirth, and while the child is dependent, including adoption agencies, which include a comprehensive list of the agencies available, a description of the services they offer and a description of the manner, including telephone numbers, in which they may be contacted, or, at the option of the South Carolina Department of Health and Environmental Control, printed materials including a toll-free, twenty-four hour a day telephone number which may be called to obtain the list and description of agencies in the locality of the caller and of the services they offer.
(2) materials designed to inform the woman of the probable anatomical and physiological characteristics of the unborn child at two-week gestational increments from the time when a woman can be known to be pregnant to full term, including any relevant information on the possibility of the unborn child's survival. The materials must be objective, nonjudgmental, and designed to convey only accurate scientific information about the unborn child at the various gestational ages.
(3) materials designed to inform the woman that medical assistance benefits may be available for prenatal care, childbirth, and neonatal care.
(4) materials designed to inform the woman that the father is liable to assist in the support of the child, even in instances in which the father has offered to pay for the abortion.
(B) The materials must be printed in a typeface large enough to be clearly legible.
(C) The materials required under this section must be available at no cost from the South Carolina Department of Health and Environmental Control upon request and in appropriate number to any person, facility, or hospital.
Section 44-41-350. When a medical emergency compels the performance of an abortion, the physician shall inform the woman, before the abortion if possible, of the medical indications supporting his judgment that an abortion is necessary to avert the risk of her death or to avert the risk of immediate and irreversible loss of major bodily function.
Section 44-41-360. A person who performs an abortion when he knows or should know that the provisions of this article have not been complied with before the abortion is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than one thousand dollars and not more than five thousand dollars."
SECTION 3. The printed materials required to be published pursuant to Section 44-41-340 of the 1976 Code as added by this act must be published on or before the effective date of Article 3, Chapter 41, Title 44 of the 1976 Code, as added by this act.
SECTION 4. This act takes effect ninety days after the signature of the Governor, except that Section 3 of this act takes effect upon approval by the Governor.