Current Status Introducing Body:
SenateBill Number: 88Ratification Number: 513Act Number: 1 of 1995Primary Sponsor: McConnellType of Legislation: GBSubject: Abortions, provisionsDate Bill Passed both Bodies: 19940526Governor's Action: SDate of Governor's Action: 19950103Computer Document Number: 436/12767AC.93Introduced Date: 19930112Date of Last Amendment: 19940518Last History Body: ------Last History Date: 19950103Last History Type: Signed by GovernorScope of Legislation: StatewideAll Sponsors: McConnell RoseType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ---- ------ ------------ ------------------------------ --- ------------ 88 ------ 19950103 Act No. 1 of 1995 88 ------ 19950103 Signed by Governor 88 ------ 19940602 Ratified R 513 88 House 19940526 Concurred in Senate amendment, enrolled for ratification 88 Senate 19940518 Returned to House with amendment 88 Senate 19940518 Amended 88 Senate 19940517 House amendments amended 88 House 19940511 Read third time, returned to Senate with amendment 88 House 19940510 Amended, read second time 88 House 19940427 Made Special Order under H. 5174 88 House 19940414 Objection by Representative Rudnick White Williams Keyserling Corning Quinn McMahand 88 House 19940412 Debate adjourned until Wednesday, April 13, 1994 88 House 19940407 Debate interrupted 88 House 19940407 Objection by Representative Cobb-Hunter 88 House 19940407 Amended 88 House 19940330 Debate adjourned until Thursday, April 7, 1994 88 House 19940303 Committee Report: Favorable 27 with amendment 88 House 19930518 Introduced, read first time, 27 referred to Committee 88 Senate 19930513 Read third time, sent to House 88 Senate 19930512 Amended, read second time 88 Senate 19930511 Committee Report: Favorable 13 with amendment 88 Senate 19930112 Introduced, read first time, 13 referred to CommitteeView additional legislative information at the LPITS web site.
(A1, R513, S88)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-75 SO AS TO REQUIRE FACILITIES PERFORMING SECOND TRIMESTER OR FIVE OR MORE FIRST TRIMESTER ABORTIONS TO BE LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO REQUIRE THE DEPARTMENT TO PROMULGATE REGULATIONS; TO AMEND SECTION 44-41-10, AS AMENDED, RELATING TO DEFINITIONS CONCERNING ABORTIONS, SO AS TO CHANGE A REFERENCE IN THE DEFINITION OF HOSPITAL; TO AMEND SECTION 44-41-70, RELATING TO REGULATIONS FOR CERTIFICATION OF HOSPITALS AND OTHER FACILITIES, SO AS TO INCLUDE FACILITIES IN WHICH FIRST TRIMESTER ABORTIONS ARE PERFORMED; TO AMEND SECTION 44-93-100, RELATING TO EXCEPTIONS TO THE EXEMPTION OF SMALL QUANTITY GENERATORS FROM THE INFECTIOUS WASTE MANAGEMENT ACT, SO AS TO REQUIRE THESE GENERATORS TO MANAGE FETAL TISSUE AND EMBRYONIC TISSUES IN ACCORDANCE WITH THE REQUIREMENTS FOR PATHOLOGICAL WASTE; TO AMEND SECTION 44-7-130, AS AMENDED, RELATING TO HEALTH FACILITY LICENSING DEFINITIONS, SO AS TO DEFINE FACILITIES WHEREIN ABORTIONS ARE PERFORMED; TO AMEND SECTION 44-7-260, AS AMENDED, RELATING TO FACILITIES REQUIRED TO BE LICENSED, SO AS TO INCLUDE FACILITIES WHEREIN ABORTIONS ARE PERFORMED; TO DESIGNATE SECTIONS 44-41-10 THROUGH 44-41-80 AS ARTICLE 1, CHAPTER 41, TITLE 44 ENTITLED "ABORTIONS GENERALLY"; TO AMEND CHAPTER 41, TITLE 44 BY ADDING ARTICLE 3 SO AS TO ENACT THE "WOMAN'S RIGHT TO KNOW ACT" INCLUDING PROCEDURES FOR PROVIDING INFORMATION AND ACCESS TO INFORMATION TO WOMEN PRIOR TO OBTAINING AN ABORTION, INFORMATIONAL MATERIAL THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MUST PUBLISH PENALTIES, ANONYMITY OF A WOMAN IN COURT PROCEEDINGS BROUGHT UNDER THIS ARTICLE; TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO EXEMPTIONS FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT SO AS TO INCLUDE THE NAME, ADDRESS, AND PHONE NUMBER OF A PERSON TO WHOM A MOTOR VEHICLE LICENSE PLATE IS REGISTERED AND PROVIDE THAT THIS EXEMPTION DOES NOT APPLY TO LAW ENFORCEMENT OFFICERS AND AGENCIES; TO AMEND SECTION 44-41-60, AS AMENDED, RELATING TO REPORTING ABORTIONS TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO EXCLUDE THE REPORTING OF A PHYSICIAN'S NAME.
Be it enacted by the General Assembly of the State of South Carolina:
Licensing required of facilities performing abortions
SECTION 1. The 1976 Code is amended by adding:
"Section 44-41-75. (A) A facility in which any second trimester or five or more first trimester abortions are performed in a month must be licensed by the department to operate as an abortion clinic and must comply with the provisions of Article 3.
(B) The department shall promulgate regulations concerning sanitation, housekeeping, maintenance, staff qualifications, emergency equipment and procedures to provide emergency care, medical records and reports, laboratory, procedure and recovery rooms, physical plant, quality assurance, infection control, and information on and access to patient follow-up care necessary to carry out the purposes of this section."
SECTION 2. Section 44-41-10(d) of the 1976 Code is amended to read:
"(d) `Hospital' means those institutions licensed for hospital operation by the department in accordance with Article 3, Chapter 7 of this title and which have also been certified by the department to be suitable facilities for the performance of abortions."
Licensing regulations include facilities in which second trimester abortions are performed
SECTION 3. Section 44-41-70 of the 1976 Code is amended to read:
"Section 44-41-70. (a) The department shall promulgate and enforce regulations for the certification of hospitals as defined in Section 44-41-10(d) as suitable facilities for the performance of abortions.
(b) The department shall promulgate and enforce regulations for the licensing and certification of facilities other than hospitals as defined in Section 44-41-10(d) wherein abortions are to be performed as provided for in Section 44-41-20(a) and (b)."
Exceptions to small quantity generator exemption SECTION 4. Section 44-93-100 of the 1976 Code, as added by Act 134 of 1989, is amended to read:
"Section 44-93-100. All in-state generators that produce less than fifty pounds of infectious waste a month are exempt from the provisions of this chapter except they shall comply with:
(1) the provisions of Section 44-93-90(A) of this chapter; and
(2) the management of the following infectious waste:
(a) sharps must be contained in rigid puncture-resistant containers and may be disposed of as other solid waste;
(b) cultures and human blood and blood products must be managed pursuant to this chapter and any regulations promulgated under this chapter;
(c) products of conception, meaning fetal tissues and embryonic tissues resulting from implantation in the uterus, must be managed in accordance with requirements for pathological waste pursuant to this chapter and any regulations promulgated under this chapter;
(d) all other infectious waste may be disposed of as other solid waste."
SECTION 5. Section 44-7-130 of the 1976 Code, as last amended by Act 670 of 1988, is further amended by adding at the end:
"(22) `Facilities wherein abortions are performed' means a facility, other than a hospital, in which any second trimester or five or more first trimester abortions are performed in a month."
Facilities required to be licensed
SECTION 6. Section 44-7-260(A) of the 1976 Code is amended by adding at the end:
"(13) facilities wherein abortions are performed."
SECTION 7. Sections 44-41-10 through 44-41-80 of the 1976 Code are designated Article 1, Chapter 41, Title 44 entitled "Abortions Generally".
Woman's Right to Know Act
SECTION 8. Chapter 41, Title 44 of the 1976 Code is amended by adding:
Section 44-41-310. This article may be cited as the `Woman's Right to Know Act'.
Section 44-41-320. As used in this article:
(1) `Medical emergency' means that condition which, on the basis of the physician's good faith judgment, so complicates a pregnancy as to necessitate an immediate abortion to avert the risk of her death or for which a delay will create serious risk of substantial and irreversible impairment of major bodily function.
(2) `Probable gestational age of the embryo or fetus' means what, in the judgment of the attending physician based upon the attending physician's examination and the woman's medical history, is with reasonable probability the gestational age of the embryo or fetus at the time the abortion is planned to be performed.
Section 44-41-330. (A) Except in the case of a medical emergency and in addition to any other consent required by the laws of this State, no abortion may be performed or induced unless the following conditions have been satisfied:
(1) The woman must be informed by the physician who is to perform the abortion or by an allied health professional working in conjunction with the physician of the procedure to be involved and by the physician who is to perform the abortion of the probable gestational age of the embryo or fetus at the time the abortion is to be performed.
(2) The woman must be presented by the physician who is to perform the abortion or by an allied health professional working in conjunction with the physician a written form containing the following statement: `You have the right to review printed materials prepared by the State of South Carolina which describe fetal development, list agencies which offer alternatives to abortion, and describe medical assistance benefits which may be available for prenatal care, childbirth, and neonatal care'. This form must be signed and dated by both the physician who is to perform the procedure and the pregnant woman upon whom the procedure is to be performed.
(3) The woman must certify in writing, before the abortion, that the information described in item (1) of this subsection has been furnished her, and that she has been informed of her opportunity to review the information referred to in item (2) of this subsection.
(4) Before performing the abortion, the physician who is to perform or induce the abortion must determine that the written certification prescribed by item (3) of this subsection or the certification required by subsection (D) has been signed. This subsection does not apply in the case where an abortion is performed pursuant to a court order.
(B) Nothing herein limits the information provided by the physician who is to perform the abortion or allied health professional to the person upon whom the abortion procedure is to be performed.
(C) No abortion may be performed sooner than one hour after the woman receives the written materials and certifies this fact to the physician or the physician's agent.
(D) If the clinic or other facility where the abortion is to be performed or induced mails the printed materials described in Section 44-41-340 to the woman upon whom the abortion is to be performed or induced or if the woman obtains the information at the county health department and if the woman verifies in writing, before the abortion, that the printed materials were received by her more than one hour before the abortion is scheduled to be performed or induced, that the information described in item (A)(1) has been provided to her, and that she has been informed of her opportunity to review the information referred to in item (A)(2), then the waiting period required pursuant to subsection (C) does not apply.
(E) In the event the person upon whom the abortion is to be performed or induced is an unemancipated minor, as defined in Section 44-41-10, the information described in Section 44-41-330(A)(1) and (2) must be furnished and offered respectively to a parent of the minor, a legal guardian of the minor, a grandparent of the minor, or any person who has been standing in loco parentis to the minor for a period of not less than sixty days. The parent, legal guardian, grandparent, or person who has been standing in loco parentis, as appropriate, must make the certification required by Section 44-41-330(A)(3). In the event the person upon whom the abortion is to be performed is under adjudication of mental incompetency by a court of competent jurisdiction, the information must be furnished and offered respectively to her spouse or a legal guardian if she is married; if she is not married, from one parent or a legal guardian. The spouse, legal guardian, or parent, as appropriate, must make the certification required by Section 44-41-330(A)(3). This subsection does not apply in the case of an abortion performed pursuant to a court order.
(F) A clinic or other facility must maintain, for three years after the abortion is performed or induced, the woman's written verification that the information was so provided and the printed materials were so offered. In the case of an unemancipated minor or mentally incompetent person, the clinic or other facility is required to maintain a copy of the court order or the medical records and written consent for three years after the procedure is performed.
(G) This section does not apply if a clinic or other facility where abortions are performed or induced does not have, through no fault of the clinic or facility and if the clinic or facility can demonstrate through written evidence the unavailability of the materials described in Section 44-41-340.
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;
(2) materials designed to inform the woman of the probable anatomical and physiological characteristics of the embryo or fetus at two-week gestational increments from the time when a woman can be known to be pregnant to full term. Any photograph, drawing or other depiction must state in bold letters, which are easily legible, stating the magnification of the photograph, drawing or depiction if it is not the actual size of the embryo or fetus at the age indicated. The materials must be objective, nonjudgmental, and designed to convey only accurate scientific information about the embryo or fetus at the various gestational ages;
(3) materials designed to inform the woman of the principal types of abortion procedures and the major risks associated with each procedure, as well as the major risks associated with carrying a fetus to full-term;
(4) materials designed to inform the woman that medical assistance benefits may be available for prenatal care, childbirth, and neonatal care by providing the names, addresses, and phone numbers of appropriate agencies that provide or have information available on these benefits;
(5) materials designed to inform the woman of the mechanisms available for obtaining child support payments.
(B) The materials 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 available 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. A physician who performs an abortion when the physician 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:
(1) for a first or second offense, must be fined not more than one thousand dollars. No term of imprisonment may be imposed for a first or second offense.
(2) for a third or subsequent offense, must be imprisoned not more than three years or fined not more than five thousand dollars, or both.
Section 44-41-360. In every proceeding or action brought under this article, the court shall rule whether the anonymity of any woman upon whom an abortion is performed or attempted shall be preserved from public disclosure if she does not give her consent to such a disclosure. The court, upon motion of any person or upon its own motion, shall make such a ruling and, upon determining that her anonymity be preserved, shall issue orders to the parties, witnesses, and counsel, and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each order under this section must be accompanied by specific written findings explaining why the anonymity of the woman should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable, less restrictive alternative exists. This section may not be construed to conceal the identity of the plaintiff or of the prosecutrix or of witnesses from the defendant or to abridge or deny the defendant's ability to conduct discovery under applicable rules of court or the defendant's right to a trial by jury or to cross examination.
Section 44-41-370. This article applies only to facilities in which any second trimester or five or more first trimester abortions are performed in a month."
Date by which materials must be printed
SECTION 9. 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 10. If any provision, word, phrase, or clause of Article 3, Chapter 41, Title 44 of the 1976 Code as added by this act, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the provisions, words, phrases, clauses, or applications of Article 3, Chapter 41, Title 44 which can be given effect without the invalid provision, word, phrase, clause, or application, and, to this end, the provisions, words, phrases, and clauses of Article 3, Chapter 41, Title 44 are declared to be severable.
Freedom of Information Act exemption
SECTION 11. Section 30-4-40(a) of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding an appropriately numbered item to read:
"( ) the name, address, and telephone number of a person in whose name a motor vehicle license plate is registered; provided, however, this exemption from disclosure shall not apply to an active duty law enforcement officer or agency authorized by law to have access to this information."
Abortion reporting not to include physician's name
SECTION 12. Section 44-41-60 of the 1976 Code is amended to read:
"Section 44-41-60. Any abortion performed in this State must be reported by the performing physician on the standard form for reporting abortions to the state registrar, Department of Health and Environmental Control, within seven days after the abortion is performed. The names of the patient and physician may not be reported on the form or otherwise disclosed to the state registrar. The form must indicate from whom consent was obtained or circumstances waiving consent."
SECTION 13. This act takes effect upon approval by the Governor.
Approved the 3rd day of January, 1995.