Current Status Introducing Body:House Bill Number:3267 Primary Sponsor:Corning Type of Legislation:GB Subject:Woman's Right to Know Act Residing Body:Senate Computer Document Number:BBM/10117JM.93 Introduced Date:19930126 Date of Last Amendment:19940301 Last History Body:Senate Last History Date:19940511 Last History Type:Committee Report: Favorable with amendment Scope of Legislation:Statewide All Sponsors:Corning Cato Sturkie Haskins Fulmer Quinn Wells Klauber Robinson A. Young Cooper Davenport R. Smith Fair Meacham Simrill Walker Moody-Lawrence Delleney Felder Littlejohn H. Brown Baker Worley Gonzales Stone Harwell Marchbanks Sharpe Wofford Allison Chamblee Vaughn Clyborne Huff Wright Koon Lanford R. Young Wilkins Graham Jaskwhich Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
---- ------ ------------ ------------------------------ --- ------------
3267 Senate 19940511 Committee Report: Favorable 13
with amendment
3267 Senate 19940302 Introduced, read first time, 13
referred to Committee
3267 House 19940301 Amended, read third time,
sent to Senate
3267 House 19940224 Amended, read second time
3267 House 19940223 Debate interrupted
3267 House 19940216 Debate interrupted by
adjournment
3267 House 19940210 Debate interrupted by
adjournment
3267 House 19940209 Debate interrupted by
adjournment
3267 House 19940203 Amended, debate interrupted
by adjournment
3267 House 19940127 Debate interrupted by
adjournment
3267 House 19930429 Committee Report: majority 25
favorable, with amendment,
minority unfavorable
3267 House 19930126 Introduced, read first time, 25
referred to Committee
View additional legislative information at the LPITS web site.
COMMITTEE REPORT
May 11, 1994
H. 3267
Introduced by REPS. Corning, Cato, Sturkie, Haskins, Fulmer, Quinn, Wells, Klauber, Robinson, A. Young, Cooper, Davenport, R. Smith, Fair, Meacham, Simrill, Walker, Moody-Lawrence, Delleney, Felder, Littlejohn, H. Brown, Baker, Worley, Gonzales, Stone, Harwell, Marchbanks, Sharpe, Wofford, Allison, Chamblee, Vaughn, Clyborne, Huff, Wright, Koon, Lanford, R. Young, Wilkins, Graham and Jaskwhich
S. Printed 5/11/94--S.
Read the first time March 2, 1994.
To whom was referred a Bill (H. 3267), to designate Sections 44-41-10 through 44-41-80, Code of Laws of South Carolina, 1976, as Article 1 of Chapter 41, Title 44, and to entitle the article "Abortions Generally", etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/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:
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 a condition in which, on the basis of the physician's good faith judgment, an immediate abortion is necessary to avert the risk of the woman's 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, in the judgment of the attending physician or the physician's agent, based upon the attending physician's examination or the woman's medical history, the probable 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 disclosure 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, by the referring physician, or by an allied health professional working in conjunction with one of the aforementioned physicians of the procedure to be involved and of the probable gestational age of the embryo or fetus at the time the abortion is to be performed.
(2) The woman must be informed, by the physician, by the physician's 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, the physician's agent, or, should the abortion be performed in a clinic, its agent must inform the woman that materials have been provided by the State 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. If the woman chooses to view the materials, a copy of the materials must be furnished to her.
(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 reasonable opportunity to review the information referred to in item (2) of this subsection.
(4) No abortion may be performed until the physician who is to perform or induce the abortion or the physician's agent determines that the written certification prescribed by item (3) of this subsection or the certification required by subsection (D) has been signed, and that the physician has also signed the certification. This subsection does not apply in the case of a medical emergency or in the case where an abortion is performed pursuant to a court order.
(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.
(C) The clinic or other facility where the abortion is to be performed or induced, upon request, may mail the printed materials described in Section 44-41-340 to the woman upon whom the abortion is to be performed or induced or the woman may obtain the information at the local health department.
(D) 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.
(E) 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 a 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.
(F) 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, the materials described in Section 44-41-340 required to be available to a woman.
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 fetal development. The materials must be objective, nonjudgmental, and designed to convey only accurate scientific information about the embryo or fetus at the various gestational stages;
(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-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. The department in its discretion may provide the above information in a single publication or multiple publications.
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, must be fined not more than one thousand dollars for a first offense and not more than five thousand dollars for each subsequent offense.
Section 44-41-360. In every proceeding or action brought under this article, the court shall rule, upon motion of any person or upon its own motion, 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. If the court determines that her anonymity be preserved, it 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 such order 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 3. Section 30-4-40(a) of the 1976 Code is 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."
SECTION 4. 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 5. If any provision, word, phrase, or clause of 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 this act 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 this act are declared to be severable.
SECTION 6. This act takes effect June 30, 1994, or ninety days after the signature of the Governor, whichever occurs later, except that Section 4 of this act takes effect upon approval by the Governor./
Amend title to conform.
HOLLY A. CORK, for Committee.
1. Estimated Cost to State-First Year$ 100,060
2. Estimated Cost to State-Annually Thereafter$ 99,060
The proposed legislation, "Woman's Right to Know" requires that the Department of Health and Environmental Control (DHEC) cause to be printed and available in appropriate numbers to any person, facility, or hospital:
1) Geographically Indexed materials, with a comprehensive list with telephone numbers, of private and public agencies to assist a woman through pregnancy and the services available.
2) Materials designed to inform the woman of the probable anatomical and physiological characteristics of the unborn child at two week gestation periods, to include survivability, in a manner which must be objective, nonjudgemental, and designed to convey only accurate, scientific information.
3) Materials designed to inform the woman that medical assistance may be available for parental care, child birth, and neonatal care and identifying the agencies (private/public) with addresses and phone numbers.
4) Materials designed to inform the woman of the mechanisms available to obtain child support.
All materials must be available at DHEC at no expense to the requestor for prenatal care, childbirth, and neonatal care.
Assuming that 15,000 abortions is a valid estimate in a given year, that approximately forty (40) locations perform abortions (as determined from DHEC), the first year publication of the index, gestational, medical assistance and child support information should number approximately 18,000. The additional material is to provide a stock of publications at each site commensurate with the number of abortions performed. The average per site is about 330 with the range being 6 to 1,008 abortions. The printing cost is estimated at $5.00; $.30; $.08; $.04 respectively with a total cost of $97,560. Developmental costs of the index is estimated at $1,500 and the medical information is $1,000, if copyrighted material cost is waived. The first year cost is estimated at a total of $100,060. This estimate is not based upon any statistical base and the cost may exceed or be less than shown. Assuming that the providers of abortions would need to go to a local DHEC office for the material, distributional costs to DHEC would be negligible if incorporated with normal supply distributions.
Second year costs, including updating of the Index at approximately $1,500 with no update cost to the educational material, with the same demand of 18,000 copies of both documents being available at DHEC offices statewide is estimated at $99,060.
This is the same bill as proposed in the 1993 session except that a $10 fee is no longer required nor will the fee offset the cost of the printing and distribution of the material.
Prepared By: Approved By:
Edward P. Brophy George N. Dorn, Jr.
State Budget Analyst State Budget Division
TO DESIGNATE SECTIONS 44-41-10 THROUGH 44-41-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS ARTICLE 1 OF CHAPTER 41, TITLE 44, AND TO ENTITLE THE ARTICLE "ABORTIONS GENERALLY"; TO AMEND CHAPTER 41, TITLE 44, RELATING TO ABORTIONS, BY ADDING ARTICLE 3 SO AS TO ENACT THE "WOMAN'S RIGHT TO KNOW ACT", INCLUDING PROVISIONS FOR PENALTIES; TO PROVIDE THAT THE PRINTED MATERIALS REQUIRED TO BE PUBLISHED PURSUANT TO SECTION 44-41-340, AS ADDED BY THIS ACT, MUST BE PUBLISHED ON OR BEFORE THE EFFECTIVE DATE OF ARTICLE 3, CHAPTER 41, TITLE 44, AS ADDED BY THIS ACT; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS, WORDS, PHRASES, AND CLAUSES OF THIS ACT.
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:
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 medical history given by the woman, 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, by the referring physician, or by an allied health professional working in conjunction with one of the aforementioned physicians of the procedure to be involved and of the probable gestational age of the embryo or fetus at the time the abortion is to be performed.
(2) The woman must be 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 must orally inform the woman that materials have been provided by this State which describe the embryo or fetus, list agencies which offer alternatives to abortion, and describe medical assistance benefits which 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 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 or his agent must determine that the written certification prescribed by item (3) of this subsection or the certification required by subsection (D) has been signed.
(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.
(C) No abortion may be performed sooner than two hours after the woman receives the written materials and certifies this fact to the physician or his agent. This subsection (C) does not apply in the case of a medical emergency.
(D) If the clinic or other place 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 picks up the information at the local health department and if the woman verifies in writing, before the abortion, that the printed materials were received by her more than twenty-four hours 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. However, the clinic or other place is nevertheless required to maintain, for three years, the woman's written verification that the information was so provided and the printed materials were so received.
(E) Subsections (C) and (D) shall not apply if the abortion is performed pursuant to a court order or if the woman is mentally retarded, this is documented in her medical record, and her parents or legal guardian or legal representatives consent in writing to the abortion. The clinic or other such place is nevertheless required to maintain, for three years, a copy of such court order or such medical records and written consent.
(F) In the event the person upon whom the abortion is to be performed or induced is a minor and her parents consent to the abortion, the information described in Section 44-41-330(A)(1) must be furnished to the parents of such minor and the information referred to in Section 44-41-330(A)(2) must be furnished to the parents and the parents must make the certification required by Section 44-41-330(A)(3).
(G) This section is suspended if a clinic or other place where abortions are performed or induced does not have, through no fault of the clinic or place and if the clinic or place can demonstrate through written evidence the unavailability of the materials, the materials described in Section 44-41-340 required to be available to a woman pursuant to subsection (A)(2) or mailed pursuant to subsection (D).
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-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 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 one thousand dollars and not more than five thousand dollars. If a person has been previously convicted under this section, he shall, upon a second and any subsequent conviction under this section, be punished by imprisonment of not less than one year and not more than five years, as well as by the fine provided for in this section, no part of which may be suspended.
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 or sua sponte, 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 such order 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. If otherwise allowed by law, any information requested of the South Carolina Department of Highways and Public Transportation relating to the ownership of a motor vehicle licensed and registered in this State, based on the presentation by the requesting party of the motor vehicle license tag number, may be provided by the department only after forty-eight hours following the request, unless the requesting party is able to demonstrate to the satisfaction of the department that the requested information is needed for emergency purposes."
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.
SECTION 4. If any provision, word, phrase, or clause of 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 this act 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 this act are declared to be severable.
SECTION 5. This act takes effect June 30, 1994, 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.