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TO AMEND SECTION 44-41-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT TO PROVIDE CERTAIN INFORMATION TO A WOMAN BEFORE SHE CAN UNDERGO AN ABORTION, SO AS TO ALSO REQUIRE THAT INFORMATION ON ALTERNATIVES TO ABORTION BE PROVIDED, INCLUDING INFORMATION ON ADOPTIONS, HEALTH CARE, AND FINANCIAL ASSISTANCE; AND TO AMEND SECTION 44-41-350, RELATING TO PENALTIES FOR NONCOMPLIANCE, SO AS TO INCREASE FINES FOR A FIRST OFFENSE AND TO REQUIRE CLINIC CLOSURE FOR ONE MONTH FOR A SECOND OFFENSE AND PERMANENT CLOSURE FOR A THIRD OFFENSE.
Whereas, through studies, nearly eighty percent of women who undergo abortions go through serious psychological depression and regret as a result of the abortion; and
Whereas, alternatives to abortion are available and by informing a patient of these alternative procedures and probable mental and physical symptoms that may result from abortion, the patient would be able to make an educated decision based on the different options she has and on her own personal physical and mental health; and
Whereas, by promoting alternatives to abortion and educating women on the probable mental and physical symptoms of abortion, the number of aborted fetuses in South Carolina would be reduced; and
Whereas, promoting alternatives to abortion would decrease elective abortions and promote a more humane society, with reverence for the lives of both mother and child. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-41-330 of the 1976 Code is amended to read:
"Section 44-41-330. (A) Except in the case of a medical emergency, and in addition to any other consent required by the laws of this State, no abortion may be performed or induced unless the following conditions have been satisfied:
(1) The woman must be informed by The physician who is to perform the abortion or by an allied health professional working in conjunction with the physician shall:
(a) inform the woman of the procedure to be involved and by the physician who is to perform the abortion of the probable gestational age of the embryo or fetus at the time the abortion is to be performed;
(b) provide the woman with written information on alternatives to abortion, including referral and resource information on adoptions, prenatal and postnatal care, and financial assistance to needy families;
(2)(c) The woman must be presented by the physician who is to perform the abortion or by an allied health professional working in conjunction with the physician provide the woman with a written form containing the following statement: 'You have the right to review printed materials prepared by the State of South Carolina which describe fetal development, list agencies which offer alternatives to abortion, and describe medical assistance benefits which may be available for prenatal care, childbirth, and neonatal care'. This form must be signed and dated by both the physician who is to perform the procedure and the pregnant woman upon whom the procedure is to be performed.
(2) The physician who is to perform the abortion shall inform the woman of the possible negative physical and mental aftereffects of an abortion and of the probable gestational age of the embryo or fetus at the time the abortion is to be performed.
(3) The woman must certify in writing, before the abortion, that she has been provided with the information described in item items (1)(a) and (b) and (2) 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 (1)(c).
(4) Before performing the abortion, the physician who is to perform or induce the abortion must determine that the written certification prescribed by item (3) of this subsection or the certification required by subsection (D) has been signed.
(5) This subsection does not apply in the case where if an abortion is performed pursuant to a court order.
(B) Nothing herein in this section limits the information provided that may be provided to the woman by the physician who is to perform the abortion or by an allied health professional to the person upon whom the abortion procedure is to be performed.
(C) No abortion may be performed sooner than one hour after the woman receives the written materials and certifies this fact to the physician or the physician's agent.
(D) If the clinic or other facility where the abortion is to be performed or induced mails the printed materials described in Section 44-41-340 to the woman upon whom the abortion is to be performed or induced or if the woman obtains the information at the county health department and if the woman verifies in writing, before the abortion, that the printed materials were received by her more than one hour before the abortion is scheduled to be performed or induced, that the information described in item items (A)(1)(a) and (b) and (A)(2) has been provided to her, and that she has been informed of her opportunity to review the information referred to in item (A)(2)(1)(c), then the waiting period required pursuant to subsection (C) does not apply.
(E)(1) In the event If 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) items (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 item (A)(3). In the event If 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 to one parent or a legal guardian. The spouse, legal guardian, or parent, as appropriate, must make the certification required by Section 44-41-330 item (A)(3).
(2) This subsection does not apply in the case of an abortion performed pursuant to a court order.
(F) A clinic or other facility must maintain, for three years after the abortion is performed or induced, the woman's written verification that the information was so provided and the printed materials were so offered. In the case of an unemancipated minor or mentally incompetent person, the clinic or other facility is required to maintain a copy of the court order or the medical records and written consent for three years after the procedure is performed.
(G) A clinic or other facility in which abortions are performed shall promote alternatives to abortion through the provision of information required by subsection (A)(1)(b) and other information available pursuant to Section 44-41-340.
(H) This section does not apply if a clinic or other facility where abortions are performed or induced does not have, through no fault of the clinic or facility and if the clinic or facility can demonstrate through written evidence the unavailability of, the materials described in Section 44-41-340."
SECTION 2. Section 44-41-350 of the 1976 Code is amended to read:
"Section 44-41-350. A physician who performs an abortion when the physician knows or should know that the provisions of this article have not been complied with before the abortion is guilty of a misdemeanor and, upon conviction:
(1) for a first or second offense, must be fined not more than one five thousand dollars. No term of imprisonment may be imposed for a first or second offense. ;
(2) for a second offense, must be fined not more than ten thousand dollars, and the clinic or facility must be closed for one month;
(3) for a third or subsequent offense, must be imprisoned not more than three years or fined not more than five thousand dollars, or both, and the clinic must be permanently closed."
SECTION 3. This act takes effect sixty days after approval by the Governor.
This web page was last updated on Thursday, June 25, 2009 at 10:03 A.M.