A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT THE "MOTHERS AND PREBORNS ACT"; BY ADDING SECTION 44-37-80 SO AS TO CREATE THE OFFICE OF THE HEALTHY NEWBORN OMBUDSMAN IN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND TO PROVIDE FOR THE DUTIES AND AUTHORITY OF THE OMBUDSMAN; AND BY AMENDING SECTION 44-41-340, RELATING TO THE PUBLICATION OF MATERIALS REGARDING AVAILABLE ASSISTANCE CONCERNING PREGNANCY, SO AS TO PROVIDE THAT THE BROCHURE OR OTHER WRITTEN MATERIALS PROVIDED FOR IN SECTION 44-37-80 ARE INCLUDED IN THE MATERIALS PROVIDED TO A PREGNANT WOMAN PRIOR TO AN ABORTION.

 

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

 

SECTION 1.  This act may be cited as the "Mothers and Preborns Act".

 

SECTION 2.  Chapter 37, Title 44 of the S.C. Code is amended by adding:

 

    Section 44-37-80.  (A) For the purposes of this section, "parent" means a biological parent, step-parent, adoptive parent, legal guardian, or other primary caregiver of a preborn human through infancy.

    (B) The Healthy Mother and Healthy Newborn Ombudsman Office is created within the Department of Health and Human Services. The office shall be headed by an ombudsman appointed by the Director of the Department of Health and Human Services.

    (C) The Healthy Mother and Healthy Newborn Ombudsman shall:

       (1) maintain records of all state programs designed to assist a parent during pregnancy and infancy;

       (2) refer parents to the appropriate programs related to services available to the parent or about which a parent inquires;

       (3) act as a liaison between the programs available to parents and parents seeking services from the programs when the need for liaison services is recognized by the ombudsman;

       (4) review and attempt to resolve complaints concerning the programs available to parents made to the ombudsman by affected parents; and

       (5) produce a brochure or other written material that provides an overview of the services the ombudsman provides and describes the programs available to parents during pregnancy and infancy. The information in the brochure must be available on the ombudsman's website. The brochure or other written material must be provided to all obstetricians in the State who must also provide the brochure or other written material to their pregnant patients as early as possible during pregnancy. The brochure or other written material must also be available at every county health office and prominently displayed on each program's website.

    (D)(1) Upon receipt of a written complaint that contains specific allegations and is signed by a parent seeking services, the ombudsman shall forward copies of the complaint to the program whose services the parent sought and any other affected parties. The ombudsman shall conduct an inquiry into the allegations stated in the complaint and attempt to resolve the complaint.

       (2) In conducting the inquiry, the ombudsman is authorized to request and receive information and documents from the complainant, the program from which the parent sought services, and any other affected parties that are pertinent to the complaint. Following each inquiry, the ombudsman shall issue a report verbally or in writing to the complainant and the program about which the complaint was filed. The program and any other affected parties that are the subject of the complaint shall respond to the ombudsman's request for information or documents within a reasonable time.

       (3) The ombudsman shall prepare an annual report summarizing his activities. The annual report shall be submitted to all the programs designed to assist parents both during pregnancy and through infancy and to the Chairman of the Senate Medical Affairs Committee and the Chairman of the House of Representatives Judiciary Committee.

    (E) All programs designed to assist parents both during pregnancy and through infancy shall cooperate with the ombudsman in carrying out his duties.

 

SECTION 3.  Section 44-41-340(A) of the S.C. Code is amended to read:

 

    (A) The South Carolina Department of Public 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, websites, and email addresses through in which they may be contacted;

       (2) materials designed to inform the woman of the probable anatomical and physiological characteristics of the embryo or fetuspreborn human 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 fetuspreborn human at the age indicated.  The materials must be objective, nonjudgmental, and designed to convey only accurate scientific information about the embryo or fetuspreborn human 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 preborn human 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, websites, and email addresses 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;

       (6) a list of health care providers, facilities, and clinics that offer to perform ultrasounds free of charge. The list must be arranged geographically and shall include the name, address, hours of operation, and telephone number, website, and email address of each entity listed. A health care provider, facility, or clinic that would like to be included on this list may contact the department and provide the required information. The department must update this list annually before September first;

       (7) a plainly worded explanation of how a woman may calculate the gestational age of her embryo or fetuspreborn human;

       (8) a scientifically accurate statement concerning the contribution that each parent makes to the genetic constitution of their biological child the preborn human;

       (9) the brochure or other written materials provided for in Section 44-37-80; and

       (9)(10) forms for notifications, certifications, and verifications required by Section 44-41-330.

 

SECTION 4.  This act takes effect upon approval by the Governor.

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