Rep. HARRIS proposes the following amendment (LC-4760.VR0025H):

Amend the bill, as and if amended, SECTION 1, by striking Section 44-41-820(C) and inserting:

 (C) None of the following shall be construed to create the crime of criminal abortion by means of an abortion-inducing drug:
  (1) any action taken when a physician or other licensed medical professional is acting in the course of administering lawful medical care;
  (2) any act taken or omission by a pregnant woman with regard to her own unborn child;
  (3) possessing for her own consumption or consuming an abortion-inducing drug by a pregnant woman in violation of this section;
  (4) lawfully prescribing, dispensing, or distributing a drug, medicine, or other substance for a bona fide medical reason that is not intended to cause an abortion in violation of this section;
  (5) the act of administering an abortion-inducing drug when the drug is administered by a physician licensed by the South Carolina Board of Medical Examiners who administers the abortion-inducing drug in person to the pregnant woman when such administration is otherwise lawful pursuant to South Carolina law; provided, however, the provisions of this item are not a defense against prosecution under any other provision of law that makes the abortion unlawful, whether the other provision of law is in effect on the effective date of this article, or becomes unlawful at a later date; or
  (6) any act by a licensed pharmacist or pharmacy related to filling a prescription for a drug, medicine, or other substance prescribed for a bona fide medical reason; provided, however, a diagnosis or a diagnosis code must be written on the prescription by the prescriber indicating that the drug, medicine, or other substance is intended for a purpose other than to cause an abortion in violation of this section.
 (C) Lawfully prescribing, dispensing, or distributing a drug, medicine, or other substance for a bona fide medical reason that is not intended to cause an abortion shall not be construed to create the crime of criminal abortion by means of an abortion-inducing drug.

Amend the bill further, SECTION 1, by striking Section 44-41-840(F), (G), and (H) and inserting:

 (F) Notwithstanding any other provision of law, this section does not apply to and may not be construed to impose liability on:
  (1) a hospital;
  (2) a physician or healthcare professional licensed to practice medicine in this State, unless the plaintiff pleads and proves that the physician or healthcare professional:
   (a) knowingly performed or induced an abortion in violation of the laws of this State; or
   (b) knowingly aided or abetted an abortion that was performed or induced in violation of the laws of this State;
  (3) an internet service provider or the provider's affiliates or subsidiaries;
  (4) a search engine;
  (5) a cloud service provider that solely provides access or connection to or from an internet website or other information or content on the internet or on a facility, system, or network that is not under the provider's control, including transmission, downloading, intermediate storage, access software, or other services;
  (6) a provider or user of an interactive computer service if the lawsuit would be preempted by 47 U.S.C. Section 230(c);
  (7) a person who manufactures, distributes, mails, transports, delivers, prescribes, provides, or possesses abortion-inducing drugs solely for one or more of the following purposes:
   (a) treating a medical emergency;
   (b) removing an ectopic pregnancy;
   (c) removing a dead, unborn child whose death was caused by spontaneous abortion; or
   (d) any purpose that does not include performing, inducing, attempting, or assisting an unlawful abortion;
  (8) the provision of basic public services, including fire and police protection and utilities, by a governmental entity or a common carrier to an abortion provider, an abortion fund, an affiliate of an abortion provider or abortion fund, or a manufacturer or distributor of abortion-inducing drugs, in the same manner as the governmental entity or common carrier provides those services to the general public; or
  (9) conduct taken at the behest of federal agencies, contractors, or employees that are carrying out duties under federal law, if a prohibition on that conduct would violate the doctrines of preemption or intergovernmental immunity.
 (G) Notwithstanding any other provision of law, this section does not impose liability for:
  (1) death or personal injuries resulting from a lawful abortion performed in this State;
  (2) death or personal injuries resulting from an abortion performed or induced by a licensed physician in response to a medical emergency;
  (3) speech or conduct protected by the First Amendment of the United States Constitution, as made applicable to the states through the Supreme Court of the United States' interpretations of the Fourteenth Amendment of the United States Constitution, or by Section 2, Article I of the South Carolina Constitution;
  (4) conduct taken by a pregnant woman who aborts or seeks to abort her unborn child; or
  (5) the manufacture, distribution, mailing, transport, delivery, prescription, provision, or possession of an abortion-inducing drug solely for one or more of the purposes described in subsection (F)(7).
 (H) Notwithstanding any other provision of law, a civil action pursuant to this section may not be brought:
  (1) against the woman who used or sought to obtain abortion-inducing drugs to abort or attempt to abort her unborn child;
  (2) against any person that acted at the behest of federal agencies, contractors, or employees that are carrying out duties under federal law, if the imposition of liability would violate the doctrines of preemption or intergovernmental immunity;
  (3) by any person who impregnated the woman who used abortion-inducing drugs through an act of rape, sexual assault, or incest, or by anyone who acts in concert or participation with such a person;
  (4) against a physician or a healthcare professional licensed by this State, except where the plaintiff pleads and proves the violations described in subsection (F)(2); or
  (5) against a common carrier, a pharmaceutical manufacturer, a pharmaceutical distributor, or a pharmacy located in this State and licensed by the South Carolina Board of Pharmacy, unless the plaintiff pleads and proves that the defendant:
   (a) failed to take reasonable precautions to ensure that it would not engage in the conduct described in this section; or
   (b) failed to adopt and implement a policy to not distribute, mail, transport, deliver, provide, or possess abortion-inducing drugs other than for one or more of the purposes described in subsection (F)(7).
 (F) Notwithstanding any other provision of law, this section does not impose liability for lawfully prescribing, dispensing, or distributing a drug, medicine, or other substance for a bona fide medical reason that is not intended to cause an abortion.

Renumber sections to conform.

Amend title to conform.