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COMMITTEE REPORT
April 18, 2007
H. 3355
Introduced by Reps. Delleney, Mulvaney, Bedingfield, Shoopman, Leach, Gullick, Duncan, Hamilton, Kelly, M.A. Pitts, Rice, Talley, Walker, Haskins, Simrill, Vick, Owens, Viers, Loftis, G.M. Smith, Toole, G.R. Smith, Pinson and Bingham
S. Printed 4/18/07--S.
Read the first time March 22, 2007.
To whom was referred a Bill (H. 3355) to amend Section 44-41-330, Code of Laws of South Carolina, 1976, relating to prerequisites for the performance of an abortion, information to be provided, 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:
/ 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 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.
(2)(a) If the doctor or allied health professional performs an ultrasound on the woman prior to performing the abortion, he must inform the woman that she has the right to view the ultrasound images that the doctor is viewing. At the woman's request, the physician or allied health professional must permit the woman to view the ultrasound images and provide a medical description of the images that she is viewing.
(b) If the physician or allied health professional is not required to perform an ultrasound on the woman prior to performing an abortion, the physician must inform the woman in person that ultrasound imaging services are available that enable the woman to view the image of her embryo or fetus. At the woman's request, the physician or allied health professional must perform an ultrasound on the woman or provide her with the list of health care providers, facilities, and clinics that perform ultrasounds free of charge as provided in Section 44-41-340(A)(6).
(c) All ultrasound images viewed by a woman pursuant to this subsection must be of a quality consistent with standard medical practice in the industry. A medical description of the ultrasound image of an embryo or fetus provided to a woman must include, but is not limited to, the dimensions of the embryo or fetus and the presence of external members and internal organs, if present and viewable.
(23) 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 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, list health care providers, facilities, and clinics that provide ultrasounds free of charge, and describe medical assistance benefits which may be available for prenatal care, childbirth, and neonatal care. You also have the right to view an ultrasound image or images of the embryo or fetus with a medical description of the images provided by a doctor or other health professional." 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.
(34) 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 right to view ultrasound images of the embryo or fetus as provided in item (2) of this subsection, and that she has been informed of her opportunity to review the information referred to in item (23) of this subsection.
(45) Before performing the abortion, the physician who is to perform or induce the abortion must determine that the written certification prescribed by item (34) of this subsection or the certification required by subsection (D) has been signed. This subsection does not apply in the case where an abortion is performed pursuant to a court order.
(B) Nothing herein limits the information provided by 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 one hour after the woman receives the written materials, is informed of her right to view ultrasound images of the embryo or fetus, 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 (A)(1) has been provided to her, that she has been informed of her right to view ultrasound images of the embryo or fetus as provided in item (A)(2), and that she has been informed of her opportunity to review the information referred to in item (A)(23), then the waiting period required pursuant to subsection (C) does not apply.
(E) 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 (23) 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)(34). 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)(34). This subsection does not apply in the case of an abortion performed pursuant to a court order. The provisions contained in this section related to viewing ultrasound images do not apply to an unemancipated minor or person under adjudication of mental incompetency.
(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, that she was informed of her right to view ultrasound images of the embryo or fetus, and the printed materials were so offered to her. 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) This requirement in this section related to offering the woman the materials described in Section 44-41-30 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. Chapter 41, Title 44 of the 1976 Code is amended by adding:
"Section 44-41-335. A physician or allied health professional must perform an ultrasound before an abortion may performed or induced when the gestational age of the embryo or fetus is clinically estimated to be equal to or more than fourteen weeks from the first day of the last menstrual period as established by the physician's performance of a bimanual physical examination."
SECTION 3. Section 44-41-340 of the 1976 Code is amended to read:
"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 a fetus 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.and;
(6) a list of health care providers, facilities, and clinics that provide ultrasounds free of charge. The list must be arranged geographically by county and include the name, address, telephone number, and hours of operation of each listed entity.
(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 4. 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 5. This act takes effect upon approval by the Governor. The Department of Health and Environmental Control must compile the list required in Section 44-41-340(A)(6) as added by SECTION 3 of this act within six months of the effective date. The list compiled by the department must be made available as a supplement to all other written materials required by Section 44-41-340(A)(6) already in print and in use as of the effective date of this act. The list must be included in all future written materials as required by this act. /
Renumber sections to conform.
Amend title to conform.
HARVEY S. PEELER, JR. for Committee.
EXPLANATION OF IMPACT:
The Department of Health & Environmental Control does not perform abortions. The cost of the ultrasound examination and any costs associated with the printing of certification forms would be borne by physicians, clinics or their patients. There is no cost to the state general fund or to federal and/or other funds as a result of the provisions of this bill.
Approved By:
Don Addy
Office of State Budget
TO AMEND SECTION 44-41-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREREQUISITES FOR THE PERFORMANCE OF AN ABORTION, INFORMATION TO BE PROVIDED, CERTIFICATION, WAITING PERIOD, SPECIAL PROVISIONS FOR MINORS OR MENTALLY INCOMPETENT PERSONS, RETENTION OF RECORDS, AND UNAVAILABILITY OF RECORDS, SO AS TO PROVIDE THAT THE PHYSICIAN WHO IS TO PERFORM THE ABORTION MUST VERIFY THE PROBABLE GESTATIONAL AGE OF THE EMBRYO OR FETUS BY USING AN OBSTETRIC ULTRASOUND, TO PROVIDE THAT THE IMAGES USED TO VERIFY THE PROBABLE GESTATIONAL AGE MUST BE REVIEWED WITH THE WOMAN SEEKING THE ABORTION, AND TO PROVIDE THAT THE WOMAN SEEKING THE ABORTION MUST CERTIFY IN WRITING BEFORE THE ABORTION IS PERFORMED THAT SHE HAS REVIEWED THE ULTRASOUND IMAGES.
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 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, verified by an obstetric ultrasound, at the time the abortion is to be performed.
(a) The obstetric ultrasound must be performed by the physician who is to perform the abortion or a certified technician working in conjunction with the physician.
(b) The images viewed by the physician or certified technician to verify the gestational age must be reproduced and reviewed with the mother by the physician or allied health professional working in conjunction with the physician prior to the woman giving informed consent to having an abortion procedure performed.
(2) 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 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.
(3) The woman must certify in writing, before the abortion, that the information and obstetric ultrasound images described in item (1) of this subsection has have been furnished provided to and reviewed with 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 must determine that the written certification prescribed by item (3) of this subsection or the certification required by subsection (D) has been signed. This subsection does not apply in the case where an abortion is performed pursuant to a court order.
(B) Nothing herein limits the information provided by 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 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 and obstetric ultrasound images described in item (A)(1) has have been provided to and reviewed with 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.
(E) 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.
(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) 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. This act takes effect upon approval by the Governor.
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