S 0584 General Bill, By M.B. Williams, Cork and Jackson

Similar(H 3618)
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 44-41-90 to enact the "Pregnancy Information Act of 1993" so as to require the
 South Carolina Department of Health and Environmental Control to publish and
 make available materials to assist women in making informed decisions
 regarding childbirth, adoption, and abortion and to provide for the content of
 these materials; to amend Section 44-41-37, as amended, relating to disclosure
 of information and contents of brochures required when counseling a pregnant
 minor, so as to provide that material provided for in Section 44-41-90 must be
 made available to minors and to delete the requirements for contents of the
 brochure; and to amend Section 59-32-30, relating to guidelines for local
 school board implementation of a Comprehensive Health Education Program, so as
 to delete provisions relating to the prohibition against providing abortion
 counseling or information.

   03/23/93  Senate Introduced and read first time SJ-12
   03/23/93  Senate Referred to Committee on Medical Affairs SJ-12

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-90 TO ENACT THE "PREGNANCY INFORMATION ACT OF 1993" SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PUBLISH AND MAKE AVAILABLE MATERIALS TO ASSIST WOMEN IN MAKING INFORMED DECISIONS REGARDING CHILDBIRTH, ADOPTION, AND ABORTION AND TO PROVIDE FOR THE CONTENT OF THESE MATERIALS; TO AMEND SECTION 44-41-37, AS AMENDED, RELATING TO DISCLOSURE OF INFORMATION AND CONTENTS OF BROCHURES REQUIRED WHEN COUNSELING A PREGNANT MINOR, SO AS TO PROVIDE THAT MATERIAL PROVIDED FOR IN SECTION 44-41-90 MUST BE MADE AVAILABLE TO MINORS AND TO DELETE THE REQUIREMENTS FOR CONTENTS OF THE BROCHURE; AND TO AMEND SECTION 59-32-30, RELATING TO GUIDELINES FOR LOCAL SCHOOL BOARD IMPLEMENTATION OF A COMPREHENSIVE HEALTH EDUCATION PROGRAM, SO AS TO DELETE PROVISIONS RELATING TO THE PROHIBITION AGAINST PROVIDING ABORTION COUNSELING OR INFORMATION.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. This act may be cited as the "Pregnancy Information Act of 1993".

SECTION 2. The 1976 Code is amended by adding:

"Section 44-41-90. (A) The South Carolina Department of Health and Environmental Control shall publish the following printed materials:

(1) geographically indexed materials describing public and private agencies and services, including counseling services, that are available to assist women during pregnancy, upon childbirth, and while the child is dependent, and which provide abortion services or adoption services. This list of agencies and services shall include the names of all available agencies or other service providers, a description of the services they offer, and the address and telephone number of the agency. The information on abortion services shall include the parental consent requirement and judicial by-pass procedure as set forth in Sections 44-41-31 through 44-41-34;

(2) materials describing benefits that are available to pay for prenatal care, childbirth, neonatal care, and abortion and providing the names, addresses, and telephone numbers of agencies or other parties that provide or have information available concerning these benefits;

(3) materials describing the mechanisms available for obtaining child support payments;

(4) materials warning of the risks of using alcohol, drugs, and cigarettes during pregnancy and describing public and private agencies and services that are available to assist pregnant women in overcoming addictions to those substances;

(5) materials emphasizing the importance of obtaining prenatal care throughout pregnancy and other information considered appropriate by the Department of Health and Environmental Control to assist the woman in assuring the health of her baby.

(B) The materials required under this section must be easily comprehendible and must be printed in a typeface large enough to be clearly legible.

(C) The materials required under this section must be provided at no cost and in appropriate number by the South Carolina Department of Health and Environmental Control to physicians practicing in the area of obstetrics, gynecology, and family practice, school guidance counselors, school nurses, public or private family planning clinics, general hospitals, and other facilities providing pregnancy testing, diagnosis, treatment, or counseling, to assist women in making informed decisions regarding childbirth, adoption, and abortion. The materials also must be provided to other persons or facilities upon request.

(D) A clinic, office, hospital, or other facility in which the diagnosis of pregnancy is made must make available to any patient who is diagnosed as pregnant the complete materials required under this section. This requirement is satisfied if the materials are displayed in the waiting room or examining room of the office, clinic, or other facility, together with a notice advising patients of their availability."

SECTION 3. Section 44-41-37 of the 1976 Code, as last amended by Act 341 of 1990, is further amended to read:

"Section 44-41-37. A physician or other professional person or agency counseling or discussing with a minor the question of her obtaining an abortion shall fully inform her of the procedures she must follow under law to obtain an abortion without the consent required in Section 44-41-31(1) and shall make informational materials available to her as provided for in Section 44-41-90. The Adoption and Birth Parent Services Division of the Department of Social Services shall develop and distribute brochures to health and education professionals for use in counseling pregnant minors. This brochure shall include the following: (1) how to access her local health department for prenatal care; (2) how to access her local Adoption and Birth Parent Services Division of the Department of Social Services or any private not for profit adoption service: (3) the parental consent requirement as outlined in this bill; (4) the judicial by-pass procedure as referred in Sections 44-41-32, 44-41-33, and 44-41-34; and (5) how to access her local mental health center for counseling services."

SECTION 4. Section 59-32-30(D) of the 1976 Code is amended to read:

"(D) No contraceptive device or contraceptive medication may be distributed in or on the school grounds of any public elementary or secondary school. No school district may contract with any contraceptive provider for their distribution in or on the school grounds. Except as to that instruction provided by this chapter relating to complications which may develop from all types of abortions, school districts may not offer programs, instruction, or activities including abortion counseling, information about abortion services, or assist in obtaining abortion, and materials containing this information must not be distributed in schools. Nothing in this section prevents school authorities from referring students to a physician for medical reasons after making reasonable efforts to notify the student's parents or legal guardians or the appropriate court, if applicable."

SECTION 5. This act takes effect upon approval by the Governor.