A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT THE "UNBORN CHILD PROTECTION ACT"; BY AMENDING SECTION 44-41-610, RELATING TO DEFINITIONS CONCERNING ABORTIONS, SO AS TO PROVIDE DEFINITIONS CONCERNING ABORTIONS; BY ADDING SECTION 44-41-611; TO PROVIDE THAT IT IS UNLAWFUL TO KNOWINGLY AND INTENTIONALLY USE OR EMPLOY ANY INSTRUMENT, DEVICE, MEANS, OR PROCEDURE UPON A PREGNANT WOMAN WITH THE SPECIFIC INTENT OF CAUSING AN ABORTION, AND TO PROVIDE PENALTIES; BY ADDING SECTION 44-41-612, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON TO KNOWINGLY AND INTENTIONALLY ADMINISTER TO, PRESCRIBE FOR, DELIVER TO, PROVIDE TO, OR SELL AN ABORTION-INDUCING DRUG TO A PREGNANT WOMAN WITH THE INTENT TO CAUSE AN UNLAWFUL ABORTION, TO PROVIDE THAT IT IS UNLAWFUL FOR A WOMAN TO SELF-INDUCE AN ABORTION USING AN ABORTION-INDUCING DRUG, AND TO PROVIDE PENALTIES; BY ADDING SECTION 44-41-613, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON TO KNOWINGLY AND INTENTIONALLY ENGAGE IN THE USE OF AN ABORTION-INDUCING DRUG ON A PREGNANT WOMAN, WITHOUT HER KNOWLEDGE OR CONSENT, WITH THE INTENT TO CAUSE AN ABORTION, AND TO PROVIDE PENALTIES; BY ADDING SECTION 44-41-614, TO PROVIDE THAT IT IS UNLAWFUL TO POSSESS, MANUFACTURE, MAIL, DISTRIBUTE, TRANSPORT, DELIVER, OR PROVIDE AN ABORTION-INDUCING DRUG; OR AID OR ABET THE PERFORMANCE, INDUCTION, OR ATTEMPTED ABORTION, OR THE MANUFACTURE, MAILING, DISTRIBUTION, TRANSPORTATION, DELIVERY, OR PROVISION OF AN ABORTION-INDUCING DRUG, TO PROVIDE THAT IT IS UNLAWFUL TO SOLICIT OR PROVIDE FUNDING ASSISTANCE TO UNLAWFULLY DELIVER, DISPENSES, DISTRIBUTE, OR PROVIDE AN ABORTION-INDUCING DRUG TOA PREGNANT WOMAN, AND TO PROVIDE PENALTIES; BY ADDING SECTION 44-41-615, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO KNOWINGLY OR INTENTIONALLY USE FORCE, OR THE THREAT OF FORCE, TO INJURE OR INTIMIDATE A PREGNANT WOMAN FOR THE PURPOSE OF COERCING AN ABORTION; OR TO RECRUIT, HARBOR, OR TRANSPORT AN UNEMANCIPATED PREGNANT MINOR WHO RESIDES IN THIS STATE TO ANOTHER STATE TO PROCURE AN ABORTION OR TO OBTAIN AN ABORTION-INDUCING DRUG WITHOUT THE CONSENT OF THE PREGNANT MINOR'S PARENTS OR LEGAL GUARDIAN, AND TO PROVIDE PENALTIES; BY ADDING SECTION 44-41-616, SO AS TO PROVIDE THAT MEDICAL TREATMENT PROVIDED TO A PREGNANT WOMAN BY A PHYSICIAN OR OTHER LICENSED MEDICAL PROFESSIONAL THAT RESULTS IN THE ACCIDENTAL DEATH OR UNINTENTIONAL INJURY TO AN UNBORN CHILD IS NOT A VIOLATION OF SECTION 44-41-611 THROUGH 44-41-615; BY ADDING SECTION 44-41-617, SO AS TO PROVIDE DEFENSES FOR A PREGNANT WOMAN ACCUSED OF HAVING AN ABORTION; BY AMENDING SECTION 44-41-620, RELATING TO A PREGNANT WOMAN PROVIDING VOLUNTARY AND INFORMED WRITTEN CONSENT FOR AN ABORTION, SO AS TO PROVIDE THAT CONSENT MAY ONLY BE GIVEN FOR LEGAL ABORTIONS; BY AMENDING SECTION 44-41-630, RELATING TO OBSTETRIC ULTRASOUNDS PRIOR TO ABORTIONS, DISPLAYING ULTRASOUND IMAGES, AND RECORDING WRITTEN MEDICAL DESCRIPTION OF IMAGES OF FETAL HEARTBEAT, SO AS TO PROVIDE THAT THOSE REQUIREMENTS ONLY APPLY TO LEGAL ABORTIONS; BY AMENDING SECTION 44-41-640, RELATING TO EXCEPTIONS TO THE PROHIBITION ON ABORTIONS FOR MEDICAL EMERGENCIES OR TO PREVENT THE DEATH OF THE PREGNANT WOMAN, SO AS TO MAKE TECHNICAL, CONFORMING CHANGES; BY AMENDING SECTION 44-41-650, RELATING TO EXCEPTIONS TO THE PROHIBITION ON ABORTION FOR RAPE AND INCEST, SO AS TO DELETE THE EXCEPTIONS FOR RAPE AND INCEST, AND TO PROVIDE FOR CIVIL ACTIONS FOR VIOLATIONS OF THE ARTICLE; BY AMENDING SECTION 44-41-660, RELATING TO THE EXCEPTION TO THE PROHIBITION ON ABORTION FOR FATAL FETAL ANOMALY, SO AS TO DELETE THE EXCEPTION FOR FATAL FETAL ANOMALY AND TO PROVIDE FOR CRIMINAL PROSECUTIONS FOR VIOLATIONS OF THE ARTICLE; BY AMENDING SECTION 44-41-670, RELATING TO THE PROHIBITION OF CRIMINAL PROSECUTION OF PREGNANT WOMEN , SO AS TO PROVIDE FOR ACTIVITIES THAT DO NOT GIVE RISE TO CIVIL OR CRIMINAL LIABILITY; BY AMENDING SECTION 44-41-680, RELATING TO CIVIL ACTIONS FOR VIOLATIONS OF THE ARTICLE, SO AS TO PROVIDE FOR A CAUSE OF ACTION FOR PEOPLE WHO ENGAGE IN A PATTERN OF PROHIBITED ABORTION ACTIVITY; BY AMENDING SECTION 44-41-690, RELATING TO PENALTIES FOR UNPROFESSIONAL CONDUCT BY PHYSICIANS OR ANY OTHER PROFESSIONALLY LICENSED PERSON, SO AS TO PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A PHYSICIAN OR ANY OTHER PROFESSIONALLY LICENSED PERSON MAY HAVE THEIR LICENSE SUSPENDED; BY ADDING SECTION 44-6-75 SO AS TO EXCLUDE ABORTION PROVIDERS AND AFFILIATED PHYSICIANS OR PROFESSIONAL MEDICAL PRACTICES FROM MEDICAID FAMILY PLANNING SERVICES; BY ADDING SECTION 15-51-15 SO AS TO ESTABLISH A WRONGFUL DEATH CLAIM FOR A WOMAN UPON WHOM AN UNLAWFUL ABORTION IS PERFORMED OR INDUCED; BY AMENDING SECTION 59-32-30, RELATING TO LOCAL SCHOOL BOARDS IMPLEMENTING COMPREHENSIVE HEALTH EDUCATION PROGRAMS SO AS TO PROVIDE FOR SPECIFIC INSTRUCTION ON HUMAN GROWTH AND DEVELOPMENT; BY AMENDING SECTION 44-41-37, RELATING TO THE DISCLOSURE OF CONSENT REQUIREMENTS WHEN COUNSELING OR DISCUSSING ABORTION WITH A MINOR, SO AS TO REMOVE REFERENCES TO JUDICIAL BYPASS PROCEDURES FOR OBTAINING AN ABORTION; BY AMENDING SECTION 44-41-60, RELATING TO REPORTING ABORTIONS TO THE DEPARTMENT OF PUBLIC HEALTH, SO AS TO PROVIDE A PENALTY FOR FAILURE TO TIMELY FILE A REPORT; BY AMENDING SECTION 44-41-90, RELATING TO STATE FUNDING OF ABORTIONS THROUGH THE STATE HEALTH INSURANCE PLANS, SO AS TO REMOVE REFERENCES TO EXCEPTIONS TO THE PROHIBITION ON ABORTION DELETED PURSUANT TO THIS ACT; BY AMENDING SECTION 44-53-250, RELATING TO SCHEDULE IV DRUGS SO AS TO ADD MIFEPRISTONE AND MISOPROSTOL TO SCHEDULE IV; BY AMENDING SECTION 38-71-238, RELATING TO ABORTION COVERAGE PROHIBITIONS IN HEALTH INSURANCE, SO AS TO DELETE REFERENCES TO ALLOWABLE COVERAGE FOR EXCEPTIONS TO THE ABORTION PROHIBITION DELETED BY THIS ACT; TO DIRECT THE BOARD OF PHARMACY TO NOTIFY PHARMACISTS IN THIS STATE ABOUT THE PROVISIONS CONTAINED IN THIS ACT; TO DIRECT THE DEPARTMENT OF PUBLIC HEALTH TO NOTIFY HEALTHCARE PRACTITIONERS AND PROVIDERS IN THIS STATE ABOUT THE PROVISIONS IN THIS ACT; AND BY REPEALING SECTIONS 44-41-32, 44-41-33, 44-41-34, AND 14-8-200(B)(7).

 

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

 

SECTION 1.  This act may be cited as the "Unborn Child Protection Act".

 

SECTION 2.  The provisions contained in this act supersede the provisions contained in Articles 1, 3, and 5 of Chapter 41, Title 44.

 

SECTION 3.  Article 6, Chapter 41, Title 44 of the S.C. Code is amended to read:

 

Article 6

 

Fetal Heartbeat and Protection from AbortionUnborn Child Protection Act

 

    Section 44-41-610. As used in this article:

    (1) "Abortion" means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child.  Such use, prescription, or means is not an abortion if done with the intent to save the life or preserve the health of the unborn child, or to remove a dead unborn child.

    (2)(a) "Abortion-inducing drug" means any drug or chemical, or any combination of drugs or chemicals, or any other substance when used with the intent to cause an abortion of a clinically diagnosable pregnancy including, but not limited to, RU-486, the Mifeprex regimen, misoprostol, or methotrexate.

       (b) "Abortion-inducing drug" does not mean a contraceptive, an emergency contraceptive, or the use of methotrexate to treat an ectopic pregnancy.

    (2)(3) "Clinically diagnosable pregnancy" means the point in time when it is possible to determine that a woman is pregnant due to the detectible presence of human chorionic gonadotropin (hCG).

    (3)(4) "Conception" means fertilization of an ovum by sperm.

    (4)(5) "Contraceptive" means a drug, device, or chemical that prevents ovulation, or conception, or the implantation of a fertilized ovum in a woman's uterine wall after conception.

    (5) "Fatal fetal anomaly" means that, in reasonable medical judgment, the unborn child has a profound and irremediable congenital or chromosomal anomaly that, with or without the provision of life-preserving treatment, would be incompatible with sustaining life after birth.

    (6) "Fetal heartbeat" means cardiac activity, or the steady and repetitive rhythmic contraction of the fetal heart, within the gestational sac.

    (7) "Fertilization" means the time when a male human sperm penetrates the zona pellucida.

    (7)(8) "Gestational age" means the age of an unborn child as calculated from the first day of the last menstrual period of a pregnant woman.

    (9) "Great bodily injury" 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.

    (10) "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.

    (11) "Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions.

    (8)(12) "Gestational sac" means the structure that comprises the extraembryonic membranes that envelop the unborn child and that is typically visible by ultrasound after the fourth week of pregnancy.

    (9)(13) "Medical emergency" means in reasonable medical judgment, a condition exists that has complicated the pregnant woman's medical condition and necessitates an abortion to prevent death or serious risk of a substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions.  A condition must not be considered a medical emergency if based on a claim or diagnosis that a woman will engage in conduct that she intends to result in her death or in a substantial and irreversible physical impairment of a major bodily function.

    (10)(14) "Physician" means a person licensed to practice medicine in this State.

    (11)(15) "Pregnant" or "pregnancy" means the human biological female reproductive condition of having a living unborn child within her body, whether or not she has reached the age of majority.

    (12) "Rape" has the same meaning as criminal sexual conduct, regardless of the degree.

    (13)(16) "Reasonable medical judgment" means a medical judgment that would be made by a reasonably prudent physician who is knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.

    (14)(17) "Unborn child" means an individual organism of the species homo sapiens from conception until live birth.

    (18) "Unlawful abortion" means any abortion not authorized pursuant to this chapter.

 

    Section 44-41-611. (A) It is unlawful to knowingly and intentionally use or employ any instrument, device, means, or procedure upon a pregnant woman with the specific intent of causing an abortion. A person who violates this section is guilty of a felony and, upon conviction, must be imprisoned for not more than twenty years, or fined not more than one hundred thousand dollars, or both. A woman upon whom an unlawful abortion was performed pursuant to this section is guilty of a misdemeanor and, upon conviction, shall be imprisoned for up to two years or fined up to one thousand dollars, or both.

    (B) It is not a violation of this subsection for a physician or other licensed medical professional to:

       (1) act in the course of administering lawful medical care pursuant to Section 44-41-640; or

       (2) provide medical treatment to a pregnant woman that results in the accidental death of or unintentional injury to the unborn child.

 

    Section 44-41-612. (A) It is unlawful for any person to knowingly and intentionally administer to, prescribe for, deliver to, provide to, or sell to an abortion-inducing drug to a pregnant woman, with the intent to cause an unlawful abortion. A person who violates section is guilty of a felony and, upon conviction, must be imprisoned for not more than twenty years, or fined not more than one hundred thousand dollars, or both. A woman who ingests an abortion-inducing drug with the intent of inducing an unlawful abortion is guilty of a misdemeanor and, upon conviction, shall be imprisoned for up to two years or fined up to one thousand dollars, or both.

    (B) It is not a violation of this section:

       (1) for a physician or other licensed medical professional to act in the course of administering lawful medical care pursuant to Section 44-41-640;

       (2) for a physician or other licensed medical professional to lawfully prescribe, dispense, or distribute a drug, medicine, or other substance for a bona fide medical reason that is not intended to cause an unlawful abortion; or

        (3) for a licensed pharmacist or pharmacy to fill 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 unlawful abortion.

 

    Section 44-41-613. (A) It is unlawful for any person to knowingly and intentionally engage in the use of an abortion-inducing drug on a pregnant woman, without her knowledge or consent, with the intent to cause an abortion. A person who violates this section is guilty of a felony and, upon conviction, must be imprisoned for not more than twenty years, or fined not more than one hundred thousand dollars, or both.

    (B) The prosecution of a person pursuant to this section is not a defense against the prosecution under any other provision of law, including murder or attempted murder, should the person violate subsection (A) and the use of an abortion-inducing drug results in the death or the substantial and irreversible impairment of a major bodily function, not including psychological or emotional conditions of the pregnant woman.

 

    Section 44-41-614. (A) It is unlawful to possess, manufacture, mail, distribute, transport, deliver, or provide an abortion-inducing drug; or aid or abet the performance, induction, or attempted abortion, or the manufacture, mailing, distribution, transportation, delivery, or provision of an abortion-inducing drug. A person who violates this subsection is guilty of a felony and, upon conviction, must be imprisoned for not more than five years or fined not more than five thousand dollars, or both. A pregnant woman who violates this section is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than two years or fined one thousand dollars; or both.

    (B) It is unlawful for a person or entity to knowingly solicit or provide funding or assistance for unlawfully delivering, distributing, or providing an abortion-inducing drug to a pregnant woman. A person who violates this subsection is guilty of a felony and, upon conviction, must be imprisoned for not more than five years or fined not more than five thousand dollars, or both. In addition to criminal penalties, the Attorney General may initiate a civil asset forfeiture action to recover only those funds directly related to the unlawful conduct prohibited in this subsection or may initiate an action for injunctive relief against an individual or organization that violates this section, or both.

    (C) The provisions contained in this section do not apply to:

       (1) a hospital where a lawful abortion is performed or induced;

       (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 pharmacist or a person who manufactures, distributes, mails, transports, delivers, prescribes, provides, or possesses abortion-inducing drugs solely for lawful medical care pursuant to Section 44-41-640;

       (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.

 

    Section 44-41-615. It is unlawful to knowingly or intentionally use force, or the threat of force, to injure or intimidate a pregnant woman for the purpose of coercing an abortion; or to recruit, harbor, or transport an unemancipated pregnant minor who resides in this State to another state to procure an abortion or to obtain an abortion-inducing drug without the consent of the pregnant minor's parents or legal guardian. A person who violates this section is guilty of a felony and, upon conviction, must be imprisoned for not more than twenty years, or fined not more than one hundred thousand dollars, or both.

 

    Section 44-41-616. Medical treatment provided to a pregnant woman by a physician or other licensed medical professional that results in the accidental death or unintentional injury to an unborn child is not a violation of Section 44-41-611 through 44-41-615.

 

    Section 44-41-617. (A) For a pregnant woman on whom an abortion is performed or induced, it is a defense to prosecution under this article that the woman engaged in the proscribed conduct because she was compelled to do so by the threat of imminent death or great bodily injury. Any pregnant woman upon whom an abortion has been performed or induced, or upon whom an abortion has been attempted to be performed or induced, may be compelled to testify in any criminal proceeding initiated for a violation of this article, provided, however, that her testimony shall not be admitted in any civil or criminal action against the pregnant woman and she shall be forever immune from any prosecution for having solicited or the performance or induction of the abortion or the attempted performance or induction of the abortion, except for a prosecution for perjury.

    (B) In a prosecution for a violation of Sections 44-41-611 through 44-41-615:

       (a) enforcement is subject to the same presumptions, defenses, justifications, laws of parties, immunities, and clemencies as would apply to the homicide of a person who had been born alive;

       (b) solicitors in their respective districts and the Attorney General have concurrent authority to prosecute violations Sections 44-41-611 through 44-41-615 and to perform any duty that necessarily relates to prosecutions of violations of those sections;

       (c) in the event of a conflict with any other provision of law, the provisions contained in this article shall prevail.

 

    Section 44-41-620. An A legal abortion may not be performed or induced without the voluntary and informed written consent of the pregnant woman or, in the case of incapacity to consent, the voluntary and informed written consent of her court-appointed guardian, and without compliance with the provisions of Section 44-41-330(A).

 

    Section 44-41-630. (A) An abortion provider who is to perform or induce an a legal abortion, a certified technician, or another agent of the abortion provider who is competent in ultrasonography shall:

        (1) perform an obstetric ultrasound on the pregnant woman, using whichever method the physician and pregnant woman agree is best under the circumstances;

        (2) during the performance of the ultrasound, display the ultrasound images so that the pregnant woman may view the images;  and

        (3) record a written medical description of the ultrasound images of the unborn child's fetal heartbeat, if present and viewable.

    (B) Except as provided in Section 44-41-640, Section 44-41-650, and Section 44-41-660, no person shall perform or induce an abortion on a pregnant woman with the specific intent of causing or abetting an abortion if the unborn child's fetal heartbeat has been detected in accordance with Section 44-41-330(A).  A person who violates this subsection is guilty of a felony and, upon conviction, must be fined ten thousand dollars, imprisoned for not more than two years, or both.

 

    Section 44-41-640. (A) It is not a violation of Section 44-41-630Sections 44-41-611 through 44-41-615 if an abortion is performed or inducedto perform or induce on a pregnant woman due to a medical emergency or is performed to prevent the death of the pregnant woman or to prevent the serious risk of a substantial and irreversible impairment of a major bodily function, not including psychological or emotional conditions, of the pregnant woman.

    (B)(1) Section 44-41-630 does not apply to a physician who performs or induces an abortion if the physician determines according to standard medical practice that a medical emergency exists or is performed to prevent the death of the pregnant woman or to prevent the serious risk of a substantial or irreversible impairment of a major bodily function, not including psychological or emotional conditions, that prevents compliance with the section.

       (2) A physician who performs or induces an abortion on a pregnant woman based on the exception in item (1) shall make written notations in the pregnant woman's medical records of the following:

           (a) the physician's belief that a medical emergency necessitating the abortion existed;

           (b) the medical condition of the pregnant woman that assertedly prevented compliance with Section 44-41-630;  and

           (c) the medical rationale to support the physician's or person's conclusion that the pregnant woman's medical condition necessitated the immediate abortion of her pregnancy to avert her death and a medical emergency necessitating the abortion existed.

       (3) A physician performing a medical procedure pursuant to item (1) shall make reasonable medical efforts under the circumstances to preserve the life of the pregnant woman's unborn child, to the extent that it does not risk the death of the pregnant woman or the serious risk of a substantial and irreversible physical impairment of a major bodily function of the pregnant woman, not including psychological or emotional conditions and in a manner consistent with reasonable medical practices.  A medical procedure shall not be considered necessary if it is performed based upon a claim or diagnosis that the woman will engage in conduct that she intends to result in her death or in a substantial physical impairment of a major bodily function.

       (4)(a) For at least seven years from the date the notations are made in the pregnant woman's medical records, the physician owner of the pregnant woman's medical records shall maintain a record of the notations and in his own records a copy of the notations.

           (b) A person, if he is the owner of the pregnant woman's medical records, who violates this subsection is guilty of a felony and must be fined up to ten thousand dollars, imprisoned for not more than two years, or both.

           (c) An entity with ownership of the pregnant woman's medical records that violates item (3) must be fined up to fifty thousand dollars.

    (C)(1) It is not a violation of Section 44-41-630Sections 44-41-611 through 44-41-615 for a physician to perform a medical procedure necessary in his reasonable medical judgment to prevent the death of a pregnant woman or the serious risk of a substantial and irreversible physical impairment of a major bodily function of the pregnant woman, not including psychological or emotional conditions.

       (2) It is presumed that the following medical conditions constitute a risk of death or serious risk of a substantial and irreversible physical impairment of a major bodily function of a pregnant woman, not including psychological or emotional conditions:  molar pregnancy, partial molar pregnancy, blighted ovum, ectopic pregnancy, severe preeclampsia, HELLP syndrome, abruptio placentae, severe physical maternal trauma, uterine rupture, intrauterine fetal demise, and miscarriage.  However, when an unborn child is alive in utero, the physician must make all reasonable efforts to deliver and save the life of an unborn child during the process of separating the unborn child from the pregnant woman, to the extent that it does not adversely affect the life or physical health of the pregnant woman, and in a manner that is consistent with reasonable medical practice.  The enumeration of the medical conditions in this item is not intended to exclude or abrogate other conditions that satisfy the exclusions contained in item (1) or prevent other procedures that are not included in the definition of abortion.

       (3) A physician who performs a medical procedure pursuant to item (1) shall declare, in a written document maintained with the woman's medical records, that the medical procedure was necessary, the woman's medical condition necessitating the procedure, the physician's rationale for his conclusion that the procedure was necessary, and that all reasonable efforts were made to save the unborn child in the event it was living prior to the procedure.  The declaration required by this item must be placed in the woman's medical records not later than thirty days after the procedure was completed.  A physician's exercise of reasonable medical judgment in relation to a medical procedure undertaken pursuant to this subsection is presumed to be within the applicable standard of care.

    (D) Medical treatment provided to a pregnant woman by a physician which results in the accidental or unintentional injury or death of her unborn child is not a violation of Section 44-41-630 Sections 44-41-611 through 44-41-615.

    (E) It is not a violation of Section 44-41-630Sections 44-41-611 through 44-41-615 to use, sell, or administer a contraceptive measure, drug, chemical, or device if the contraceptive measure, drug, chemical, or device is used, sold, prescribed or administered in accordance with manufacturer's instructions and is not used, sold, prescribed or administered to cause or induce an abortion.

    (F) Compliance with the provisions of this section is also an affirmative defense to allegations of a violation of Sections 44-41-611 through 44-41-615.

 

    Section 44-41-650. (A) A physician may perform, induce, or attempt to perform or induce an abortion on a pregnant woman after the fetal heartbeat has been detected in accordance with Section 44-41-630 if:The Attorney General, a solicitor acting within his respective circuit, the mother of the unborn child; the father of the unborn child, including the biological father regardless of marital status; the grandparents of the unborn child; the siblings of the unborn child; or the legal guardians of the unborn child's mother if the mother has not reached the age of majority may bring a civil action pursuant to this section for violation of this article.

       (1) the pregnancy is the result of rape, and the probable gestational age of the unborn child is not more than twelve weeks;  or

       (2) the pregnancy is the result of incest, and the probable gestational age of the unborn child is not more than twelve weeks.

    (B) A physician who performs or induces an abortion on a pregnant woman based on an exception contained in this section must report the allegation of rape or incest to the sheriff in the county in which the abortion was performed.  The report must be made no later than twenty-four hours after performing or inducing the abortion, may be made orally or otherwise, and shall include the name and contact information of the pregnant woman making the allegation.  Prior to performing or inducing an abortion, the physician who performs or induces an abortion based on an allegation of rape or incest must notify the pregnant woman that the physician will report the allegation of rape or incest to the sheriff.  The physician shall make written notations in the pregnant woman's medical records that the abortion was performed pursuant to the applicable exception, that the doctor notified the sheriff of the allegation of rape or incest in a timely manner, and that the woman was notified prior to the abortion that the physician would notify the sheriff of the allegation of rape or incest.A plaintiff who prevails in a civil action by proving by a preponderance of the evidence that the defendant violated, attempted to violate, or threatened to violate a provision of this article, shall be awarded statutory damages of ten thousand dollars to be imposed on each defendant in addition to:

       (1) injunctive relief;

       (2) compensatory damages if the plaintiff suffered injury or harm including, but not limited to, medical expenses, loss of parental care, custody, and companionship of the unborn child, and emotional distress;

       (3) punitive damages; and

       (4) reasonable attorney's fees and court costs.

    (C) A person who violates this section is guilty of a felony and, upon conviction, must be fined ten thousand dollars, imprisoned for not more than two years, or both.Under no circumstances may civil damages be awarded to a plaintiff, or anyone related to the plaintiff, if the pregnancy resulted from the plaintiff's criminal conduct.

    (D) A person must bring an action pursuant to this article not later than three years after the date that the alleged violation occurred.

    (E)(1) A South Carolina court may exercise personal jurisdiction over any person or entity, whether acting directly or through an agent, that violates this article, regardless of location, that:

           (a) manufactures, mails, distributes, transports, delivers, or provides abortion-inducing drugs, or aids and abets the performance, induction, or attempted abortion, or the manufacture, mailing, distribution, transportation, delivery, or provision of abortion-inducing drugs to another person the person or entity knows or reasonably should know is physically located in South Carolina, thereby transacting business in the State;

           (b) commits an act in whole or in part in this State by intentionally directing into South Carolina any abortion-inducing drug in violation of state law, or by purposefully providing remote services into South Carolina that directly result in the unlawful use of abortion-inducing drugs or injury in this State;

           (c) causes injury in this State by an act or omission outside this State, if the person or entity regularly delivers, mails, ships, distributes, markets, solicits, or provides abortion-inducing drugs or related services into this State, or otherwise engages in a persistent course of conduct purposefully directed at this State;

           (d) produces, manufactures, or distributes goods with the reasonable expectation that the goods will be used or consumed in this State, and the abortion-inducing drugs are in fact used or consumed in this State in violation of South Carolina law; or

           (e) aids or abets any person in committing any of the acts described in subitems (a) through (d).

       (2) Notwithstanding any other provision of law, including Chapter 2, Title 36, the courts of this State shall exercise personal jurisdiction over any person or entity for claims arising pursuant to this section to the fullest extent permitted by the Due Process Clause of the Fourteenth Amendment to the United States Constitution. Service of process may be made outside this State in accordance with applicable law.

    (F) In a civil action brought pursuant to this article or an action brought pursuant to Section 15-51-15, a court may not award compensatory damages or punitive damages if the losing party demonstrates that he paid, or has been ordered to pay, compensatory damages or punitive damages in a previous civil action for the same violation.

    (G) The following do not constitute defenses to a civil action brought pursuant to this article or an action brought pursuant to Section 15-51-15:

       (1) the fact that the pregnant woman or, if the pregnant woman is a minor, a parent or legal guardian consented to the abortion;

       (2) ignorance or mistake of law; or

       (3) reliance on a state or federal court decision that is not binding on the court in which the action has been brought.

    (H) A civil action for a violation of this article may not be brought against:

       (1) 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;

       (2) a physician or a healthcare professional licensed by this State, unless the plaintiff pleads and proves that the physician or healthcare professional knowingly performed or induced an abortion in violation of the laws of this State; or knowingly aided or abetted an abortion that was performed or induced in violation of the laws of this State; or

       (3) 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 a medical emergency, removing an ectopic pregnancy, removing a dead, unborn child whose death was caused by a spontaneous abortion, or any other purpose that does not include performing, inducing, attempting, or assisting an unlawful abortion.

 

    Section 44-41-660. (A) It is not a violation of Section 44-41-630 if an abortion is performed or induced on a pregnant woman due to the existence of a fatal fetal anomaly.  Section 44-41-630 does not apply to a physician who performs or induces an abortion if the physician or person determines according to standard medical practice that there exists a fatal fetal anomaly.The Attorney General has the concurrent authority to prosecute a person for a criminal violation of this article with the several solicitors of the State, within their respective circuits.

    (B)(1) A person who performs or induces an abortion based upon the existence of a fatal fetal anomaly shall make written notations in the pregnant woman's medical records of:

           (a) the presence of a fatal fetal anomaly;

           (b) the nature of the fatal fetal anomaly;

           (c) the medical rationale for making the determination that with or without the provision of life-preserving treatment life after birth would be unsustainable.

       (2) For at least seven years from the date the notations are made in the woman's medical records, the owner of the pregnant woman's medical records shall maintain a record of the notations.

    (C) A person who violates this section is guilty of a felony and, upon conviction, must be fined up to ten thousand dollars, imprisoned for not more than two years, or both.

    (D) An entity with ownership of the pregnant woman's medical records that violates item (2) must be fined up to fifty thousand dollars.

 

    Section 44-41-670. A pregnant woman on whom an abortion is performed or induced in violation of this article may not be criminally prosecuted for violating any of the provisions of this article or for attempting to commit, or conspiring to commit a violation of any of the provisions of the article and is not subject to a civil or criminal penalty based on the abortion being performed or induced in violation of any of the provisions of this article.The provisions contained in this article do not create civil or criminal 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) the manufacture, distribution, mailing, transport, delivery, prescription, provision, or possession of an abortion-inducing drug solely for treating a medical emergency, removing an ectopic pregnancy, removing a dead, unborn child whose death was caused by a spontaneous abortion, or any other purpose that does not include performing, inducing, attempting, or assisting an unlawful abortion.

 

    Section 44-41-680. (A) In addition to all other remedies available under common or statutory law, failure to comply with the requirements of this article shall provide the basis for a civil action further described in this section.For the purposes of this section:

       (1) "Prohibited abortion activity" means an activity wherein a person knowingly or intentionally violates any of the provisions contained in Sections 44-41-611 through 44-41-615.

       (2) "Pattern of prohibited abortion activity" means that an individual, entity, or an entity acting through its agents or others that the entity acted in concert with engaged in at least two incidents of abortion activity.

       (3) "Whistleblower" means an employee who brings wrongdoing by an employer or other employees to the attention of a person who may bring an action for a violation of this article.

    (B)(1) A pregnant woman upon whom an abortion has been performed, induced, or coerced in violation of this article may maintain an action against the person who violated this article for actual and punitive damages.  In addition to all other damages, and separate and distinct from all other damages, a plaintiff is entitled to statutory damages of ten thousand dollars for each violation of this article to be imposed on each defendant found to have violated this article.It is unlawful to:

           (a) knowingly or intentionally receive any proceeds directly or indirectly derived from a pattern of prohibited abortion activity;

           (b) knowingly or intentionally use or invest any proceeds directly or indirectly derived from a pattern of prohibited abortion activity to acquire an interest in property of, or to establish or operate, an entity engaged in prohibited abortion activity;

           (c) through a pattern of prohibited abortion activity, knowingly or intentionally acquire or maintain, either directly or indirectly, an interest in or control of an entity, or the property of an entity, engaged in a pattern of prohibited abortion activity;

           (d) be employed by or volunteer for an entity known by the person to engage in a pattern of prohibited abortion activity; or

           (e) knowingly or intentionally conduct or otherwise participate in the activities of an entity engaged in a pattern of prohibited abortion activity.

       (2) A person who violates this section is guilty of a felony and, upon conviction, must be imprisoned for not more than ten years, or fined not more than fifty thousand dollars, or both.

    (C) A separate and distinct cause of action for injunctive relief against any person who has violated this article may be maintained byThe Attorney General, or a solicitor acting within his circuit, may bring an action to prevent, restrain, or punish a violation of subsection (B) by seeking appropriate orders including, but not limited to:

       (1) the woman upon whom the abortion was performed or induced in violation of this articleordering a person or entity to be divested of any proceeds directly or indirectly derived from a pattern of prohibited abortion business activities and of an interest, direct or indirect, in any entity engaged in a pattern of abortion business activity;

       (2) the parent or guardian of the pregnant woman if she had not attained the age of eighteen years at the time of the abortion or died as a result of the abortionimposing reasonable restriction on the future activities or investments of a person or entity including, but not limited to, prohibiting a person or entity from engaging in prohibited abortion business activities; and

       (3) a solicitor or prosecuting attorney with proper jurisdictionordering the dissolution or reorganization of an entity engaged in a pattern of prohibited abortion business activities, making provision for the rights of innocent people.;  or

       (4) the Attorney General.

    (D)(1) If a plaintiff prevails in an action initiated pursuant to this section the court shall award the plaintiff reasonable costs and attorney's fees.A person or entity may not take any action to impede a whistleblower from communicating about a violation of this article with the Attorney General, a solicitor, or any other person authorized to bring an action for a violation of this article. Actions to impede a whistleblower may include, but are not limited to:

           (a) enforcing, or threatening to enforce, a confidentiality agreement or a predispute arbitration agreement with respect to the communications; or

           (b) discharging, demoting, suspending, threatening, harassing, or in any other manner discriminating against a whistleblower in the terms and conditions of employment.

       (2) A person who violates this section is guilty of a felony and, upon conviction, must be imprisoned for not more than ten years, or fined not more than fifty thousand dollars, or both.

    (E) No damages, costs, or attorney's fees may be assessed against the woman upon whom an abortion was performed or induced.

    (F) Under no circumstances may civil damages be awarded to a plaintiff if the pregnancy resulted from the plaintiff's criminal conduct.

    (G) A civil cause of action pursuant to this section must be brought within three years of the date of the abortion and is not subject to the limitations and requirements contained in Chapter 79, Title 15.

 

    Section 44-41-690. (A) In addition to any other penalties imposed by law, a physician or any other professionally licensed person who is indicted for an intentional, knowing, or reckless violation of the prohibition on abortion contained in this article shall have his license suspended by the State Board of Medical Examiners or other, appropriate licensing authority after due process according to the board's rules and procedures. The suspension shall remain in place until the charges against the physician are dismissed, or the physician is acquitted, convicted, pleads guilty, or pleads nolo contendere. In the event that the charges are dismissed, or the physician is acquitted, then the physician's license may be reinstated by the board upon application by the physician.

    (B) A physician or any other professionally licensed person who intentionally, knowingly, or recklessly violates the prohibition on abortion contained in this article commits an act of unprofessional conduct.  A physician's license to practice in this State immediately shall be revoked by the State Board of Medical Examiners, after due process according to the board's rules and procedures.  Any other licensed person's professional license shall be immediately revoked by the appropriate licensing board, after due process according to that board's rules and procedures.  A complaint may be originated by any person or by the board sua sponte.  A licensing board acting pursuant to this section may assess costs of the investigation, fines, and other disciplinary actions as it may deem appropriate.

 

    Section 44-41-700. Reserved.This article may not be construed to impose liability or conduct protected by the First Amendment to the United States Constitution or by the South Carolina Constitution.

 

    Section 44-41-710. Reserved.The President of the Senate, on behalf of the Senate, and the Speaker of the House of Representatives, on behalf of the House of Representatives, have an unconditional right to intervene on behalf of their respective bodies in a state court action and may provide evidence or argument, written or oral, if a party to that court action challenges the constitutionality of this article, or any portion of this article. In a federal court action that challenges the constitutionality of this article or any portion of this article, the President of the Senate, on behalf of the Senate, and the Speaker of the House of Representatives, on behalf of the House of Representatives, may seek to intervene, to file an amicus brief, or to present arguments in accordance with the federal rules of procedure. Intervention by the President of the Senate or the Speaker of the House of Representatives, or both, does not limit the duty of the Attorney General to appear and prosecute legal actions or defend state agencies, officers, or employees as otherwise provided. In any action in which both houses of the General Assembly intervene or participate, the Senate and the House of Representatives shall function independently from each other in the representation of their respective clients.

 

    Section 44-41-720. ReservedIf a pregnant woman has an adverse event related to administration, dispensing, or prescription of an abortion-inducing drug for the purpose of inducing an abortion, then the physician who diagnosed and treated the woman for the adverse event shall provide a report of the adverse event within three days of the adverse event to the Department of Public Health on a form prescribed by the department. The report will be used for statistical purposes only and the confidentiality of the patient shall be protected so the report shall not contain the woman's name, any common identifies, or any other information that would make it possible to identify her. The report shall contain, at least, the date the woman presented for the adverse event, the specific reportable adverse event, the treatment for the adverse event, and how the pregnant woman obtained the abortion-inducing drug, if known. For the purposes of this section, "adverse event" means any unintended medical complication associated with the use of an abortion-inducing drug regardless of whether the event is considered drug related.

 

    Section 44-41-730. Reserved.

 

    Section 44-41-740. Reserved.

 

SECTION 4.  Article 1, Chapter 6, Title 44 of the S.C. Code is amended by adding:

 

    Section 44-6-75. (A) Any facility licensed by the Department of Public Health to operate as an abortion provider pursuant to Section 44-41-75, and any affiliated physicians or professional medical practices who are operating concurrently with and in the same physical, geographic location, or footprint as the licensed facility are unqualified to provide family planning services under the State's Medicaid program.

    (B) State and local funds for family planning, whether through a grant, a contract, state-administered federal funds, or any other form, may not be directly or indirectly provided to any facility licensed by the Department of Public Health to operate as an abortion provider pursuant to Section 44-41-75 or to a physician or professional medical practice affiliated with a licensed abortion provider who is operating concurrently with and in the same physical, geographic location, or footprint as the licensed facility.

    (C) The Department of Public Health shall prepare, produce, and make publicly available in a user-friendly format a list of all qualified family planning service providers operating within a twenty-five-mile radius of any facility licensed to provide abortions pursuant to Section 44-41-75 that is excluded from the State's Medicaid provider network.

 

SECTION 5.  Chapter 51, Title 15 of the S.C. Code is amended by adding:

 

    Section 15-51-15.  (A) A woman upon whom an unlawful abortion was performed or induced may bring a wrongful death action on behalf of her dead unborn child against the person who performed or induced the unlawful abortion, if the unlawful abortion was the proximate cause of the death of the unborn child.

    (B) If the woman upon whom an unlawful abortion was performed or induced does not bring a wrongful death action pursuant to this section, then a wrongful death action may be brought against the person who performed or induced the unlawful abortion, if the unlawful abortion was the proximate cause of the death of the unborn child, by the father of the unborn child, a parent or legal guardian of a pregnant minor upon whom an unlawful abortion was performed or induced, or the estate of a pregnant woman who died as a result of an unlawful abortion.

    (C) Except for the requirement for a live birth, an action for wrongful death pursuant to this section is subject to the same defenses and requirements of proof as would apply to an action for wrongful death of a child who has been born alive.

    (D) If the plaintiff in a wrongful death action brought pursuant to this section prevails, then the court shall award:

       (1) compensatory damages if the plaintiff suffered injury or harm from the defendant's conduct including, but not limited to, medical expenses, loss of parental care, custody, and companionship, or emotional distress, or any combination thereof;

       (2) punitive damages; and

       (3) reasonable attorney's fees and court costs.

    (E) An action may not be brought pursuant to this section by the woman who consents to the abortion, the father of the unborn child, a parent or legal guardian of a pregnant minor upon whom an abortion was performed or induced, or the estate of a pregnant woman who died as a result of an abortion, if the father, parent or legal guardian, or the mother who died as a result of the abortion consented to or aided or abetted the abortion.

 

SECTION 6.  Section 59-32-30 of the S.C. Code is amended by adding:

 

    (H)(1) The instruction on human growth and development required in this section must include a presentation of a high-quality, computer generated rendering or animation of at least three minutes in duration comparable in quality with the "Meet Baby Olivia" video developed by Live Action, a 501(c)(3) non profit, demonstrating the process of fertilization and stages of human development inside the uterus, noting significant markers in cell growth and organ development from fertilization until birth.

       (2) The Attorney General may bring a civil action for a writ of mandamus to compel a public school district to comply with item (1).

 

SECTION 7.  Section 44-41-37 of the S.C. Code is 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).

    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 billchapter; and

    (4) the judicial by-pass procedure as referred in Sections 44-41-32, 44-41-33, and 44-41-34;  and

    (5)(4) how to access her local mental health center for counseling services.

 

SECTION 8.  Section 44-41-60 of the S.C. Code is amended to read:

 

    Section 44-41-60.  (A) Any legal abortion performed in this State pursuant to Section 44-41-640 must be reported by the performing physician on the standard form for reporting abortions to the State Registrar, Department of Public 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. A physician who fails to complete or transmit a completed report in a timely manner as required in this section is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than thirty days or fined one thousand dollars, or both. Each instance where a doctor fails to complete or transmit a completed report in a timely manner as required by this section constitutes a separate offense. The form must indicate from whom consent was obtained, circumstances waiving consent, and, if an exception was exercised pursuant to Section 44-41-640, 44-41-650, or 44-41-660, which exception the physician relied upon in performing or inducing the abortion.

    (B) Annually, on or before January thirty-first, the Department of Public Health shall compile a public report providing statistics for the previous calendar year from the information submitted by physicians pursuant to this section and statistics for prior calendar years with any updated information for calendar years that was submitted after the compilation of statistics for that year.

 

SECTION 9.  Section 44-41-90(A) of the S.C. Code is amended to read:

 

    (A) No funds appropriated by the State for employer contributions to the State Health Insurance Plan may be expended to reimburse the expenses of an abortion, except as provided in Sections 44-41-640, 44-41-650, and 44-41-660.

 

SECTION 10. Section 44-53-250 of the S.C. Code is amended by adding:

 

    (h) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances, including their salts, isomers, whether position, geometric, or optical, and salts of such isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

       (1) Mifepristone

       (2) Misoprostol

 

SECTION 11. Section 38-71-238 of the S.C. Code is amended to read:

 

    Section 38-71-238. (A) Abortion coverage may not be provided by a qualified health plan offered by a health insurer, including a group health plan as defined in Section 607(1) of the Employee Retirement Income Security Act of 1974 or health maintenance organization as defined in Section 38-33-20, through a health insurance exchange created pursuant to the federal "Patient Protection and Affordable Care Act".

    (B) This limitation shall not apply to an abortion performed when the life of the mother is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused or arising from the pregnancy, or when the pregnancy is the result of rape or incestpursuant to Section 44-4-640.

 

SECTION 12. The Board of Pharmacy is directed to notify all pharmacists in South Carolina about the provisions of this law and that lawful prescriptions for mifepristone and misoprostol may be filled in accordance with this act.

 

SECTION 13. The Department of Public Health is directed to notify all healthcare practitioners and providers in South Carolina about the provisions of this law and that mifepristone and misoprostol may be prescribed and administered in accordance with this act.

 

SECTION 14. Sections 44-41-32, 44-41-33, 44-41-34, and 14-8-200(b)(7) of the S.C. Code are repealed.

 

SECTION 15. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide.  After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

 

SECTION 16. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

 

SECTION 17. This act takes effect upon approval by the Governor.

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