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H. 3215
STATUS INFORMATION
General Bill
Sponsors: Rep. Davenport
Document Path: l:\council\bills\nbd\11116ac07.doc
Introduced in the House on January 11, 2007
Currently residing in the House Committee on Judiciary
Summary: Born Alive Infant Protection Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/11/2007 House Introduced and read first time HJ-274 1/11/2007 House Referred to Committee on Judiciary HJ-274
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 41, TITLE 44 TO ENACT THE "BORN ALIVE INFANT PROTECTION ACT" SO AS TO PROVIDE THAT ANY INFANT WHO SURVIVES AN ABORTION RESULTING IN HIS OR HER LIVE BIRTH MUST BE GIVEN REASONABLE AND IMMEDIATE MEDICAL CARE, TO PROVIDE THAT BEFORE AN ABORTION MAY BE PERFORMED ON A WOMAN WHOSE UNBORN CHILD IS VIABLE, THE PHYSICIAN MUST CERTIFY THAT THE ABORTION IS NECESSARY TO PRESERVE THE LIFE OR HEALTH OF THE WOMAN AND THAT THE ABORTION METHOD TO BE USED MUST BE THE METHOD MOST LIKELY TO PRESERVE THE LIFE AND HEALTH OF THE UNBORN CHILD AND TO PROVIDE AN EXCEPTION, TO PROVIDE THAT WHEN PERFORMING AN ABORTION OF A VIABLE UNBORN CHILD A PHYSICIAN, OTHER THAN THE PHYSICIAN PERFORMING THE ABORTION, MUST BE PRESENT AND MUST PROVIDE IMMEDIATE MEDICAL CARE TO THE INFANT AT BIRTH, AND TO PROVIDE EXCEPTIONS TO THIS ARTICLE IN THE CASE OF A MEDICAL EMERGENCY THAT THREATENS THE LIFE OR PERMANENT PHYSICAL HEALTH OF THE WOMEN.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 41, Title 44 of the 1976 code is amended by adding:
Section 44-41-910. This Article may be cited as the 'Born Alive Infant Protection Act'.
Section 44-41-920. For purposes of this article:
(1) 'Infant' means the offspring of human parents from the moment of live birth, regardless of the duration of gestation in the womb prior to live birth.
(2) 'Live birth' or 'born alive' means the complete expulsion or extraction of an unborn child from its mother at any stage of development, who after that expulsion or extraction breathes or shows signs of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached, and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, or induced abortion.
(3) 'Unborn child' means the unborn offspring of human beings from the moment of conception through pregnancy and until live birth.
(4) 'Viable' means that stage of fetal development when, in the judgment of the physician based upon the particular facts of the case before him or her, and in light of the most advanced medical technology and information available to him or her, there is a reasonable likelihood of sustained survival of the unborn child outside the body of the mother, with or without artificial support.
Section 44-41-930. An infant at any stage of development who has survived an abortion procedure resulting in his or her live birth must be given reasonable and immediate medical care as provided in Section 44-41-940(C).
Section 44-41-940. (A) Before a physician may perform an abortion upon a pregnant woman whose unborn child is viable, the physician shall first certify, in writing, that the abortion is necessary to preserve the life or health of the woman and shall further certify, in writing, the medical indications for the abortion and the probable health consequences.
(B) A physician who performs an abortion upon a woman carrying a viable unborn child shall utilize the available method or technique of abortion most likely to preserve the life and health of the unborn child. In cases where the method or technique of abortion which would most likely preserve the life and health of the unborn child would present a greater risk to the life and health of the woman than another available method or technique, the physician may utilize the other method or technique. In all cases where the physician performs an abortion upon a viable unborn child, the physician shall certify, in writing, the available method or techniques considered and the reasons for choosing the method or technique employed.
(C) An abortion of a viable unborn child must be performed or induced only when there is in attendance a physician other than the physician performing or inducing the abortion who shall take control of and provide immediate medical care for an infant born alive as a result of the abortion. During the performance of the abortion, the physician performing it, and subsequent to the abortion, the physician required by this section to be in attendance, shall take all reasonable steps in keeping with good medical practice, consistent with the procedure used, to preserve the life and health of the viable unborn child and born-alive infant, respectively, provided that these steps do not pose an increased risk to the life or health of the woman.
Section 44-41-950. The provisions of this article do not apply when a medical emergency compels the immediate performance of an abortion because the continuation of the pregnancy poses an immediate threat and grave risk to the life or permanent physical health of the pregnant woman. Within twenty-four hours, the attending physician shall certify to the emergency need for the abortion and shall enter this certification in the medical record of the pregnant woman."
SECTION 2. This act takes effect upon approval by the Governor.
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