H 4331 General Bill, By R.S. Corning
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Article 3
 in Chapter 41, Title 44 so as to enact the South Carolina Informed Consent for
 Abortion Act and to provide penalties for violation; and to designate Sections
 44-41-10 through 44-41-80 as Article 1, Chapter 41 of Title 44 entitled
 "Abortions Generally".

   02/04/92  House  Introduced and read first time HJ-13
   02/04/92  House  Referred to Committee on Judiciary HJ-13
   02/26/92  House  Committee report: Favorable with amendment
                     Judiciary HJ-34
   03/05/92  House  Objection by Rep. Rogers, Rudnick, Council,
                     Waites, Cobb-Hunter, Whipper, HJ-16
   03/05/92  House  Objection by Rep. White, Burch, Manly, Cork,
                     Glover, Beatty & Shissias HJ-16
   04/08/92  House  Amended HJ-87
   04/08/92  House  Read second time HJ-112
   04/09/92  House  Read third time and sent to Senate HJ-89
   04/14/92  Senate Introduced and read first time SJ-5
   04/14/92  Senate Referred to Committee on Judiciary SJ-5
   05/27/92  Senate Polled out of committee Judiciary SJ-23
   05/27/92  Senate  Favorable SJ-23

FAVORABLE

May 27, 1992

H. 4331

S. Printed 5/27/92--S.

Read the first time April 14, 1992.

To whom was referred a Bill (H. 4331), to amend the Code of Laws of South Carolina, 1976, by adding Article 3 in Chapter 41, Title 44 so as to enact the South Carolina Informed Decision for Abortion Act, etc., respectfully

Has polled the Bill out favorable.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 IN CHAPTER 41, TITLE 44 SO AS TO ENACT THE SOUTH CAROLINA INFORMED DECISION FOR ABORTION ACT AND TO PROVIDE PENALTIES FOR VIOLATION; AND TO DESIGNATE SECTIONS 44-41-10 THROUGH 44-41-80 AS ARTICLE 1, CHAPTER 41 OF TITLE 44 ENTITLED "ABORTIONS GENERALLY".

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

SECTION 1. Sections 44-41-10 through 44-41-80 of the 1976 Code are designated Article 1, Chapter 41, Title 44 entitled "Abortions Generally".

SECTION 2. Chapter 41, Title 44 of the 1976 Code is amended by adding:

"Article 3

Section 44-41-310. This article may be cited as the `Informed Decision for Abortion Act'.

Section 44-41-320. As used in this article:

(1) `Medical emergency' means that condition which, on the basis of the physician's 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 unborn child' means what, in the judgment of the attending physician, is with reasonable probability the gestational age of the unborn child at the time the abortion is planned to be performed.

Section 44-41-330. (A) No abortion may be performed or induced except with the voluntary and informed decision of the woman upon whom the abortion is to be performed or induced. Except in the case of a medical emergency, a decision to have an abortion is voluntary and informed only if:

(1) The woman is told the following by the physician who is to perform the abortion, by the referring physician, or by an allied health professional working in conjunction with one of the aforementioned physicians:

(a) the medical risks associated with the abortion procedure to be employed;

(b) the probable gestational age of the unborn child at the time the abortion is to be performed.

(2) The woman is informed, by the physician, by his agent or, should the abortion be performed in a clinic, by its agent, that she has the right to review the printed materials described in Section 44-41-340. The physician, his agent, or, should the abortion be performed in a clinic, its agent shall orally inform the woman the materials have been provided by this State and list agencies which offer alternatives to abortion and that medical assistance benefits may be available for prenatal care, childbirth, and neonatal care. If the woman chooses to view the materials, a copy of the materials must be furnished to her.

(3) The woman certifies in writing, before the abortion, that the information described in item (1) of this section has been furnished her, and that she has been informed of her opportunity to review the information referred to in item (2) of this section.

(4) Before performing the abortion, the physician who is to perform or induce the abortion or his agent receives a copy of the written certification prescribed by item (3) of this section.

(B) Nothing herein limits the information provided by the referring physician, the physician who is to perform the abortion, or allied health professional to the person upon whom the abortion procedure is to be performed.

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 unborn child at two-week gestational increments from the time when a woman can be known to be pregnant to full term, including any relevant information on the possibility of the unborn child's survival. The materials must be objective, nonjudgmental, and designed to convey only accurate scientific information about the unborn child at the various gestational ages.

(3) materials designed to inform the woman that medical assistance benefits may be available for prenatal care, childbirth, and neonatal care by providing the names, addresses, and phone numbers of appropriate agencies that provide or have information available on these benefits.

(4) 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 at no cost from the South Carolina Department of Health and Environmental Control upon request and in appropriate number to any person, facility, or hospital involved with an informed decision-making process.

Section 44-41-350. When a medical emergency exists, before performing an abortion the physician, if circumstances permit, shall inform the woman of the medical indications supporting his judgment that an abortion is necessary to avert the risk of her death or to avert the risk of immediate irreversible loss of major bodily function, and obtain her consent to the abortion.

Section 44-41-360. A person who performs an abortion when he knows or should know that the provisions of this article have not been complied with before the abortion is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than five hundred dollars and not more than one thousand dollars."

SECTION 3. The printed materials required to be published pursuant to Section 44-41-340 of the 1976 Code as added by this act must be published on or before the effective date of Article 3, Chapter 41, Title 44 of the 1976 Code, as added by this act, but only if funds are specifically appropriated by line item in an amount sufficient to defray the costs of the printed materials.

SECTION 4. This chapter, the procedures for obtaining an informed decision, and disclosure of materials apply to a man having a vasectomy.

SECTION 5. When the woman upon whom the abortion is to be performed has been determined by the South Carolina Department of Mental Retardation to have mental retardation or a related disability as defined in Section 44-20-30 and the woman's spouse, parents, or legal guardian is seeking the abortion, the informed decision may be made by the person seeking the abortion on her behalf. The physician must document the reason for not obtaining the informed decision from the woman upon whom the abortion is performed in the woman's medical records before performing the abortion and a statement certifying her mental retardation or related disability.

SECTION 6. This act takes effect June 30, 1993, or ninety days after the signature of the Governor, whichever occurs later, except that Section 3 of this act takes effect upon approval by the Governor.