H 3866 Session 109 (1991-1992)
H 3866 General Bill, By R.S. Corning, H. Brown and Quinn
A Bill 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".
04/11/91 House Introduced and read first time HJ-23
04/11/91 House Referred to Committee on Judiciary HJ-24
A BILL
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:
"Article 3
Informed Consent for Abortion Act
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.
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