Prohibit Abortions

2025-2026 Bill 1095: Prohibit Abortions - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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S. 1095
STATUS INFORMATION
General Bill
Sponsors: Senators Cash, Verdin, Fernandez, Kennedy, Garrett and Rice
Companion/Similar bill(s): 323
Document Path: SR-0571KM26.docx
Introduced in the Senate on April 1, 2026
Currently residing in the Senate
Summary: Prohibit Abortions
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

4/1/2026

Senate

Introduced and read first time (
Senate Journal-page 11
)

4/1/2026

Senate

Referred to Committee on
Medical Affairs
(
Senate Journal-page 11
)

4/7/2026

Scrivener's error corrected

4/21/2026

Senate

Committee report: Favorable with amendment
Medical Affairs
(
Senate Journal-page 7
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
04/01/2026
04/07/2026
04/21/2026

Indicates Matter Stricken

Indicates New Matter

Committee Report

April 21, 2026

S. 1095

Introduced
by Senators Cash, Verdin, Fernandez, Kennedy, Garrett and Rice

S. Printed 4/21/26--S.

Read the first time April 1, 2026

________

The committee on Senate Medical
Affairs

To whom was referred a Bill (S. 1095) to amend
the South Carolina Code of Laws so as to enact the "Unborn Child Protection Act";
by amending Section
44-41-610
, relating to definitions concerning abortions,
etc., respectfully

Report:

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, SECTION 3, by striking Section
44-41-610
(9) and
inserting:

(9) "Great bodily
injury" means
bodily injury which creates a
substantial risk of death or which causes serious, permanent disfigurement, or
protracted loss or impairment of the function of a bodily member or organ
those institutions licensed for hospital operation by the
department in accordance with Article 3, Chapter 7 of this title and which have
also been certified by the department to be suitable facilities for the
performance of abortions
.

Amend the bill
further, SECTION 3, by striking Section
44-41-614
(A) and inserting:

(A) It is unlawful to
knowingly
possess, manufacture,
mail, distribute, transport, deliver, or provide an abortion-inducing drug; or
aid
or
and
abet the performance
,
or
induction
of an abortion
, or attempted
abortion
,
;
or
to aid and abet
the manufacture, mailing, distribution, transportation,
delivery, or provision of an abortion-inducing drug. A person who violates this
subsection is guilty of a felony and, upon conviction, must be imprisoned for
not more than five years or fined not more than five thousand dollars, or both.
A pregnant woman who violates this section is guilty of a misdemeanor and, upon
conviction, must be imprisoned for not more than two years or fined one
thousand dollars; or both.

Amend the bill
further, SECTION 3, by striking Section
44-41-615
and inserting:

Section
44-41-615
.
(
A)
It is unlawful to knowingly
or intentionally use force, or the threat of force, to injure or intimidate a
pregnant woman for the purpose of coercing an abortion; or to recruit, harbor,
or transport an unemancipated pregnant minor who resides in this State to
another state to procure an abortion or to obtain an abortion-inducing drug
without the consent of the pregnant minor's parents or legal guardian.

(
B) It is a defense to a prosecution
pursuant to this section that a parent or guardian of the pregnant minor
consented to the pregnant minor being transported to another state to procure
an abortion or to obtain an abortion-inducing drug. It is not a defense to a
prosecution pursuant to this section that the abortion provider or the
abortion-inducing drug provider is located in another state.

(
C)
A person who violates this
section is guilty of a felony and, upon conviction, must be imprisoned for not
more than twenty years, or fined not more than one hundred thousand dollars, or
both.

Amend the bill
further, SECTION 3, by striking Section
44-41-680
(B)(1)(d) and inserting:

(d) be employed
by or
volunteer for
associated with
an entity known
by the person to engage in a pattern of prohibited abortion activity; or

Amend the bill
further, by striking SECTION 17 and inserting:

SECTION 17.
The
provisions in this act related to amending Section
44-53-250
, concerning adding
Mifepristone and Misoprostol to Schedule IV of the Schedules of Controlled
Substances, takes effect ninety days after the approval of the Governor.
This
The remainder of this
act
takes effect upon approval by the Governor.

Renumber sections to conform.

Amend title to conform.

DANIEL VERDIN for Committee.

_______

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT
THE "UNBORN CHILD PROTECTION ACT"; BY AMENDING SECTION
44-41-610
, RELATING TO
DEFINITIONS CONCERNING ABORTIONS, SO AS TO PROVIDE DEFINITIONS CONCERNING
ABORTIONS; BY ADDING SECTION
44-41-611
; TO PROVIDE THAT IT IS UNLAWFUL TO
KNOWINGLY AND INTENTIONALLY USE OR EMPLOY ANY INSTRUMENT, DEVICE, MEANS, OR
PROCEDURE UPON A PREGNANT WOMAN WITH THE SPECIFIC INTENT OF CAUSING AN
ABORTION, AND TO PROVIDE PENALTIES; BY ADDING SECTION
44-41-612
, SO AS TO PROVIDE
THAT IT IS UNLAWFUL FOR ANY PERSON TO KNOWINGLY AND INTENTIONALLY ADMINISTER
TO, PRESCRIBE FOR, DELIVER TO, PROVIDE TO, OR SELL AN ABORTION-INDUCING DRUG TO
A PREGNANT WOMAN WITH THE INTENT TO CAUSE AN UNLAWFUL ABORTION, TO PROVIDE THAT
IT IS UNLAWFUL FOR A WOMAN TO SELF-INDUCE AN ABORTION USING AN
ABORTION-INDUCING DRUG, AND TO PROVIDE PENALTIES; BY ADDING SECTION
44-41-613
,
SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON TO KNOWINGLY AND
INTENTIONALLY ENGAGE IN THE USE OF AN ABORTION-INDUCING DRUG ON A PREGNANT
WOMAN, WITHOUT HER KNOWLEDGE OR CONSENT, WITH THE INTENT TO CAUSE AN ABORTION,
AND TO PROVIDE PENALTIES; BY ADDING SECTION
44-41-614
, TO PROVIDE THAT IT IS
UNLAWFUL TO POSSESS, MANUFACTURE, MAIL, DISTRIBUTE, TRANSPORT, DELIVER, OR
PROVIDE AN ABORTION-INDUCING DRUG; OR AID OR ABET THE PERFORMANCE, INDUCTION,
OR ATTEMPTED ABORTION, OR THE MANUFACTURE, MAILING, DISTRIBUTION,
TRANSPORTATION, DELIVERY, OR PROVISION OF AN ABORTION-INDUCING DRUG, TO PROVIDE
THAT IT IS UNLAWFUL TO SOLICIT OR PROVIDE FUNDING ASSISTANCE TO UNLAWFULLY
DELIVER, DISPENSE, DISTRIBUTE, OR PROVIDE AN ABORTION-INDUCING DRUG TO A
PREGNANT WOMAN, AND TO PROVIDE PENALTIES; BY ADDING SECTION
44-41-615
, SO AS TO
PROVIDE THAT IT IS UNLAWFUL TO KNOWINGLY OR INTENTIONALLY USE FORCE, OR THE
THREAT OF FORCE, TO INJURE OR INTIMIDATE A PREGNANT WOMAN FOR THE PURPOSE OF
COERCING AN ABORTION; OR TO RECRUIT, HARBOR, OR TRANSPORT AN UNEMANCIPATED
PREGNANT MINOR WHO RESIDES IN THIS STATE TO ANOTHER STATE TO PROCURE AN
ABORTION OR TO OBTAIN AN ABORTION-INDUCING DRUG WITHOUT THE CONSENT OF THE
PREGNANT MINOR'S PARENTS OR LEGAL GUARDIAN, AND TO PROVIDE PENALTIES; BY ADDING
SECTION
44-41-616
, SO AS TO PROVIDE THAT MEDICAL TREATMENT PROVIDED TO A
PREGNANT WOMAN BY A PHYSICIAN OR OTHER LICENSED MEDICAL PROFESSIONAL THAT
RESULTS IN THE ACCIDENTAL DEATH OR UNINTENTIONAL INJURY TO AN UNBORN CHILD IS
NOT A VIOLATION OF SECTION
44-41-611
THROUGH
44-41-615
; BY ADDING SECTION
44-41-617
, SO AS TO PROVIDE DEFENSES FOR A PREGNANT WOMAN ACCUSED OF HAVING AN
ABORTION; BY AMENDING SECTION
44-41-620
, RELATING TO A PREGNANT WOMAN PROVIDING
VOLUNTARY AND INFORMED WRITTEN CONSENT FOR AN ABORTION, SO AS TO PROVIDE THAT
CONSENT MAY ONLY BE GIVEN FOR LEGAL ABORTIONS; BY AMENDING SECTION
44-41-630
,
RELATING TO OBSTETRIC ULTRASOUNDS PRIOR TO ABORTIONS, DISPLAYING ULTRASOUND
IMAGES, AND RECORDING WRITTEN MEDICAL DESCRIPTION OF IMAGES OF FETAL HEARTBEAT,
SO AS TO PROVIDE THAT THOSE REQUIREMENTS ONLY APPLY TO LEGAL ABORTIONS; BY
AMENDING SECTION
44-41-640
, RELATING TO EXCEPTIONS TO THE PROHIBITION ON
ABORTIONS FOR MEDICAL EMERGENCIES OR TO PREVENT THE DEATH OF THE PREGNANT
WOMAN, SO AS TO MAKE TECHNICAL, CONFORMING CHANGES; BY AMENDING SECTION
44-41-650
, RELATING TO EXCEPTIONS TO THE PROHIBITION ON ABORTION FOR RAPE AND
INCEST, SO AS TO DELETE THE EXCEPTIONS FOR RAPE AND INCEST, AND TO PROVIDE FOR
CIVIL ACTIONS FOR VIOLATIONS OF THE ARTICLE; BY AMENDING SECTION
44-41-660
,
RELATING TO THE EXCEPTION TO THE PROHIBITION ON ABORTION FOR FATAL FETAL
ANOMALY, SO AS TO DELETE THE EXCEPTION FOR FATAL FETAL ANOMALY AND TO PROVIDE
FOR CRIMINAL PROSECUTIONS FOR VIOLATIONS OF THE ARTICLE; BY AMENDING SECTION
44-41-670
, RELATING TO THE PROHIBITION OF CRIMINAL PROSECUTION OF PREGNANT
WOMEN, SO AS TO PROVIDE FOR ACTIVITIES THAT DO NOT GIVE RISE TO CIVIL OR
CRIMINAL LIABILITY; BY AMENDING SECTION
44-41-680
, RELATING TO CIVIL ACTIONS
FOR VIOLATIONS OF THE ARTICLE, SO AS TO PROVIDE FOR A CAUSE OF ACTION FOR
PEOPLE WHO ENGAGE IN A PATTERN OF PROHIBITED ABORTION ACTIVITY; BY AMENDING
SECTION
44-41-690
, RELATING TO PENALTIES FOR UNPROFESSIONAL CONDUCT BY PHYSICIANS
OR ANY OTHER PROFESSIONALLY LICENSED PERSON, SO AS TO PROVIDE FOR THE
CIRCUMSTANCES UNDER WHICH A PHYSICIAN OR ANY OTHER PROFESSIONALLY LICENSED
PERSON MAY HAVE THEIR LICENSE SUSPENDED; BY ADDING SECTION
44-6-75
SO AS TO
EXCLUDE ABORTION PROVIDERS AND AFFILIATED PHYSICIANS OR PROFESSIONAL MEDICAL
PRACTICES FROM MEDICAID FAMILY PLANNING SERVICES; BY ADDING SECTION
15-51-15
SO
AS TO ESTABLISH A WRONGFUL DEATH CLAIM FOR A WOMAN UPON WHOM AN UNLAWFUL
ABORTION IS PERFORMED OR INDUCED; BY AMENDING SECTION
59-32-30
, RELATING TO
LOCAL SCHOOL BOARDS IMPLEMENTING COMPREHENSIVE HEALTH EDUCATION PROGRAMS SO AS
TO PROVIDE FOR SPECIFIC INSTRUCTION ON HUMAN GROWTH AND DEVELOPMENT; BY
AMENDING SECTION
44-41-37
, RELATING TO THE DISCLOSURE OF CONSENT REQUIREMENTS
WHEN COUNSELING OR DISCUSSING ABORTION WITH A MINOR, SO AS TO REMOVE REFERENCES
TO JUDICIAL BYPASS PROCEDURES FOR OBTAINING AN ABORTION; BY AMENDING SECTION
44-41-60
, RELATING TO REPORTING ABORTIONS TO THE DEPARTMENT OF PUBLIC HEALTH,
SO AS TO PROVIDE A PENALTY FOR FAILURE TO TIMELY FILE A REPORT; BY AMENDING
SECTION
44-41-90
, RELATING TO STATE FUNDING OF ABORTIONS THROUGH THE STATE
HEALTH INSURANCE PLANS, SO AS TO REMOVE REFERENCES TO EXCEPTIONS TO THE
PROHIBITION ON ABORTION DELETED PURSUANT TO THIS ACT; BY AMENDING SECTION
44-53-250
, RELATING TO SCHEDULE IV DRUGS SO AS TO ADD MIFEPRISTONE AND
MISOPROSTOL TO SCHEDULE IV; BY AMENDING SECTION
38-71-238
, RELATING TO ABORTION
COVERAGE PROHIBITIONS IN HEALTH INSURANCE, SO AS TO DELETE REFERENCES TO
ALLOWABLE COVERAGE FOR EXCEPTIONS TO THE ABORTION PROHIBITION DELETED BY THIS
ACT; TO DIRECT THE BOARD OF PHARMACY TO NOTIFY PHARMACISTS IN THIS STATE ABOUT
THE PROVISIONS CONTAINED IN THIS ACT; TO DIRECT THE DEPARTMENT OF PUBLIC HEALTH
TO NOTIFY HEALTHCARE PRACTITIONERS AND PROVIDERS IN THIS STATE ABOUT THE
PROVISIONS IN THIS ACT; AND BY REPEALING SECTIONS
44-41-32
,
44-41-33
,
44-41-34
,
AND
14-8-200
(B)(7).

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
This act may be cited as the "Unborn Child Protection Act".

S
ECTION 2. The
provisions contained in this act supersede the provisions contained in Articles
1, 3, and 5 of Chapter 41, Title 44.

S
ECTION 3.
A
rticle 6, Chapter 41, Title 44 of the S.C. Code is
amended to read:

A
rticle 6

F
etal
Heartbeat and Protection from Abortion
Unborn Child
Protection Act

S
ection
44-41-610
.
A
s used in this article:

(
1)
"Abortion" means the act of using or prescribing any instrument, medicine,
drug, or any other substance, device, or means with the intent to terminate the
clinically diagnosable pregnancy of a woman with knowledge that the termination
by those means will, with reasonable likelihood, cause the death of the unborn
child. Such use, prescription, or means is not an abortion if done with the
intent to save the life or preserve the health of the unborn child, or to
remove a dead unborn child.

(
2)
(
a) "Abortion-inducing drug" means any
drug or chemical, or any combination of drugs or chemicals, or any other
substance when used with the intent to cause an abortion of a clinically
diagnosable pregnancy including, but not limited to, RU-486, the Mifeprex
regimen, misoprostol, or methotrexate.

(
b) "Abortion-inducing drug" does not
mean a contraceptive, an emergency contraceptive, or the use of methotrexate to
treat an ectopic pregnancy.

(2)
(
3)
"Clinically diagnosable pregnancy" means the point in
time when it is possible to determine that a woman is pregnant due to the
detectible presence of human chorionic gonadotropin (hCG).

(3)
(
4)
"Conception" means fertilization of an ovum by sperm.

(4)
(
5)
"Contraceptive" means a drug, device, or chemical that
prevents ovulation
,

or
conception
, or the implantation of a fertilized ovum in a woman's uterine
wall after conception
.

(
5) "Fatal fetal anomaly" means that,
in reasonable medical judgment, the unborn child has a profound and
irremediable congenital or chromosomal anomaly that, with or without the
provision of life-preserving treatment, would be incompatible with sustaining
life after birth.

(
6)
"Fetal heartbeat" means cardiac activity, or the steady and repetitive rhythmic
contraction of the fetal heart, within the gestational sac.

(
7) "Fertilization" means the time
when a male human sperm penetrates the zona pellucida.

(7)
(
8)
"Gestational age" means the age of an unborn child as
calculated from the first day of the last menstrual period of a pregnant woman.

(
9) "Great bodily injury" means those
institutions licensed for hospital operation by the department in accordance
with Article 3, Chapter 7 of this title and which have also been certified by
the department to be suitable facilities for the performance of abortions.

(
10) "Hospital" means those
institutions licensed for hospital operation by the department in accordance
with Article 3, Chapter 7 of this title and which have also been certified by
the department to be suitable facilities for the performance of abortions.

(
11) "Interactive computer service"
means any information service, system, or access software provider that
provides or enables computer access by multiple users to a computer server,
including specifically a service or system that provides access to the internet
and such systems operated or services offered by libraries or educational
institutions.

(8)
(
12)
"Gestational sac" means the structure that comprises
the extraembryonic membranes that envelop the unborn child and that is
typically visible by ultrasound after the fourth week of pregnancy.

(9)
(
13)
"Medical emergency" means in reasonable medical
judgment, a condition exists that has complicated the pregnant woman's medical
condition and necessitates an abortion to prevent death or serious risk of a
substantial and irreversible physical impairment of a major bodily function,
not including psychological or emotional conditions. A condition must not be
considered a medical emergency if based on a claim or diagnosis that a woman
will engage in conduct that she intends to result in her death or in a
substantial and irreversible physical impairment of a major bodily function.

(10)
(
14)
"Physician" means a person licensed to practice
medicine in this State.

(11)
(
15)
"Pregnant"
or "pregnancy"
means
the human biological female reproductive condition of having a living unborn
child within her body, whether or not she has reached the age of majority.

(
12) "Rape" has the same meaning as
criminal sexual conduct, regardless of the degree.

(13)
(
16)
"Reasonable medical judgment" means a medical
judgment that would be made by a reasonably prudent physician who is
knowledgeable about the case and the treatment possibilities with respect to
the medical conditions involved.

(14)
(
17)
"Unborn child" means an individual organism of the
species homo sapiens from conception until live birth.

(
18) "Unlawful abortion" means any
abortion not authorized pursuant to this chapter.

S
ection
44-41-611
.
(
A) It is unlawful to knowingly and
intentionally use or employ any instrument, device, means, or procedure upon a
pregnant woman with the specific intent of causing an abortion. A person who
violates this section is guilty of a felony and, upon conviction, must be
imprisoned for not more than twenty years, or fined not more than one hundred
thousand dollars, or both. A woman upon whom an unlawful abortion was performed
pursuant to this section is guilty of a misdemeanor and, upon conviction, shall
be imprisoned for up to two years or fined up to one thousand dollars, or both.

(
B) It is not a violation of this
subsection for a physician or other licensed medical professional to:

(
1) act in the course of administering
lawful medical care pursuant to Section
44-41-640
; or

(
2) provide medical treatment to a
pregnant woman that results in the accidental death of or unintentional injury
to the unborn child.

S
ection
44-41-612
.
(
A) It is unlawful for any person to
knowingly and intentionally administer to, prescribe for, deliver to, provide
to, or sell to an abortion-inducing drug to a pregnant woman, with the intent
to cause an unlawful abortion. A person who violates section is guilty of a
felony and, upon conviction, must be imprisoned for not more than twenty years,
or fined not more than one hundred thousand dollars, or both. A woman who

ingests an abortion-inducing drug with the intent of
inducing an unlawful abortion is guilty of a misdemeanor and, upon conviction,
shall be imprisoned for up to two years or fined up to one thousand dollars, or
both.

(
B) It is not a violation of this section:

(
1) for a physician or other licensed
medical professional to act in the course of administering lawful medical care
pursuant to Section
44-41-640
;

(
2) for a physician or other licensed
medical professional to lawfully prescribe, dispense, or distribute a drug,
medicine, or other substance for a bona fide medical reason that is not
intended to cause an unlawful abortion; or

(
3) for a licensed pharmacist or
pharmacy to fill a prescription for a drug, medicine, or other substance
prescribed for a bona fide medical reason; provided, however, a diagnosis or a
diagnosis code must be written on the prescription by the prescriber indicating
that the drug, medicine, or other substance is intended for a purpose other
than to cause an unlawful abortion.

S
ection
44-41-613
.
(
A) It is unlawful for any person to
knowingly and intentionally engage in the use of an abortion-inducing drug on a
pregnant woman, without her knowledge or consent, with the intent to cause an
abortion. A person who violates this section is guilty of a felony and, upon
conviction, must be imprisoned for not more than twenty years, or fined not
more than one hundred thousand dollars, or both.

(
B) The prosecution of a person
pursuant to this section is not a defense against the prosecution under any
other provision of law, including murder or attempted murder, should the person
violate subsection (A) and the use of an abortion-inducing drug results in the
death or the substantial and irreversible impairment of a major bodily
function, not including psychological or emotional conditions of the pregnant
woman.

S
ection
44-41-614
.
(
A) It is unlawful to possess,
manufacture, mail, distribute, transport, deliver, or provide an
abortion-inducing drug; or aid or abet the performance, induction, or attempted
abortion, or the manufacture, mailing, distribution, transportation, delivery,
or provision of an abortion-inducing drug. A person who violates this subsection
is guilty of a felony and, upon conviction, must be imprisoned for not more
than five years or fined not more than five thousand dollars, or both. A
pregnant woman who violates this section is guilty of a misdemeanor and, upon
conviction, must be imprisoned for not more than two years or fined one
thousand dollars; or both.

(
B) It is unlawful for a person or
entity to knowingly solicit or provide funding or assistance for unlawfully
delivering, distributing, or providing an abortion-inducing drug to a pregnant
woman.
A person who violates this subsection is guilty of a felony
and, upon conviction, must be imprisoned for not more than five years or fined
not more than five thousand dollars, or both.
In addition
to criminal penalties, the Attorney General may initiate a civil asset
forfeiture action to recover only those funds directly related to the unlawful
conduct prohibited in this subsection or may initiate an action for injunctive
relief against an individual or organization that violates this section, or
both.

(
C) The provisions contained in this
section do not apply to:

(
1) a hospital where a lawful abortion
is performed or induced;

(
2) a physician or healthcare
professional licensed to practice medicine in this State, unless the plaintiff
pleads and proves that the physician or healthcare professional:

(
a) knowingly performed or induced an
abortion in violation of the laws of this State; or

(
b) knowingly aided or abetted an
abortion that was performed or induced in violation of the laws of this State;

(
3) an internet service provider or
the provider's affiliates or subsidiaries;

(
4) a search engine;

(
5) a cloud service provider that
solely provides access or connection to or from an internet website or other
information or content on the internet or on a facility, system, or network
that is not under the provider's control, including transmission, downloading,
intermediate storage, access software, or other services;

(
6) a provider or user of an
interactive computer service if the lawsuit would be preempted by 47 U.S.C.
Section 230(c);

(
7) a pharmacist or a person who
manufactures, distributes, mails, transports, delivers, prescribes, provides,
or possesses abortion-inducing drugs solely for lawful medical care pursuant to
Section
44-41-640
;

(
8) the provision of basic public
services, including fire and police protection and utilities, by a governmental
entity or a common carrier to an abortion provider, an abortion fund, an
affiliate of an abortion provider or abortion fund, or a manufacturer or
distributor of abortion-inducing drugs, in the same manner as the governmental
entity or common carrier provides those services to the general public; or

(
9) conduct taken at the behest of
federal agencies, contractors, or employees that are carrying out duties under
federal law, if a prohibition on that conduct would violate the doctrines of
preemption or intergovernmental immunity.

S
ection
44-41-615
. It is unlawful to
knowingly or intentionally use force, or the threat of force, to injure or
intimidate a pregnant woman for the purpose of coercing an abortion; or to
recruit, harbor, or transport an unemancipated pregnant minor who resides in
this State to another state to procure an abortion or to obtain an
abortion-inducing drug without the consent of the pregnant minor's parents or
legal guardian. A person who violates this section is guilty of a felony and,
upon conviction, must be imprisoned for not more than twenty years, or fined
not more than one hundred thousand dollars, or both.

S
ection
44-41-616
. Medical treatment
provided to a pregnant woman by a physician or other licensed medical
professional that results in the accidental death or unintentional injury to an
unborn child is not a violation of Section
44-41-611
through
44-41-615
.

S
ection
44-41-617
.
(
A) For a pregnant woman on whom an
abortion is performed or induced, it is a defense to prosecution under this
article that the woman engaged in the proscribed conduct because she was
compelled to do so by the threat of imminent death or great bodily injury. Any
pregnant woman upon whom an abortion has been performed or induced, or upon
whom an abortion has been attempted to be performed or induced, may be
compelled to testify in any criminal proceeding initiated for a violation of
this article, provided, however, that her testimony shall not be admitted in
any civil or criminal action against the pregnant woman and she shall be
forever immune from any prosecution for having solicited or the performance or
induction of the abortion or the attempted performance or induction of the
abortion, except for a prosecution for perjury.

(
B) In a prosecution for a violation
of Sections
44-41-611
through
44-41-615
:

(
a) enforcement is subject to the same
presumptions, defenses, justifications, laws of parties, immunities, and
clemencies as would apply to the homicide of a person who had been born alive;

(
b) solicitors in their respective
districts and the Attorney General have concurrent authority to prosecute
violations Sections
44-41-611
through
44-41-615
and to perform any duty that
necessarily relates to prosecutions of violations of those sections;

(
c) in the event of a conflict with
any other provision of law, the provisions contained in this article shall
prevail.

S
ection
44-41-620
.
An
A legal
abortion
may not be performed or induced without the voluntary and informed written
consent of the pregnant woman or, in the case of incapacity to consent, the
voluntary and informed written consent of her court-appointed guardian, and
without compliance with the provisions of Section
44-41-33
0(A).

S
ection
44-41-630
.
(A)
An abortion provider who is to
perform or induce
an
a legal
abortion,
a certified technician, or another agent of the abortion provider who is
competent in ultrasonography shall:

(
1) perform an obstetric ultrasound on
the pregnant woman, using whichever method the physician and pregnant woman
agree is best under the circumstances;

(
2) during the performance of the
ultrasound, display the ultrasound images so that the pregnant woman may view
the images; and

(
3) record a written medical
description of the ultrasound images of the unborn child's fetal heartbeat, if
present and viewable.

(
B) Except as provided in Section
44-41-640
, Section
44-41-650
, and Section
44-41-660
, no person shall perform or
induce an abortion on a pregnant woman with the specific intent of causing or
abetting an abortion if the unborn child's fetal heartbeat has been detected in
accordance with Section
44-41-33
0(A). A person who violates this subsection is
guilty of a felony and, upon conviction, must be fined ten thousand dollars,
imprisoned for not more than two years, or both.

S
ection
44-41-640
.
(
A) It is not a
violation of
Section
44-41-630
Sections
44-41-611
through
44-41-615

if an abortion is
performed or induced
to perform or induce
on
a pregnant woman due to a medical emergency or
is
performed
to prevent the death of the pregnant woman or to prevent the
serious risk of a substantial and irreversible impairment of a major bodily
function, not including psychological or emotional conditions, of the pregnant
woman.

(
B)
(
1) Section
44-41-630
does not apply
to a physician who performs or induces an abortion if the physician determines
according to standard medical practice that a medical emergency exists or is
performed to prevent the death of the pregnant woman or to prevent the serious
risk of a substantial or irreversible impairment of a major bodily function,
not including psychological or emotional conditions, that prevents compliance
with the section.

(
2)
A physician who performs or induces an abortion on a pregnant woman based on
the exception in item (1) shall make written notations in the pregnant woman's
medical records of the following:

(
a)
the physician's belief that a medical emergency necessitating the abortion
existed;

(
b)
the medical condition of the pregnant woman that assertedly prevented
compliance with Section
44-41-630
; and

(
c)
the medical rationale to support the physician's or person's conclusion that
the pregnant woman's medical condition necessitated the immediate abortion of
her pregnancy to avert her death and a medical emergency necessitating the
abortion existed.

(
3)
A physician performing a medical procedure pursuant to item (1) shall make
reasonable medical efforts under the circumstances to preserve the life of the
pregnant woman's unborn child, to the extent that it does not risk the death of
the pregnant woman or the serious risk of a substantial and irreversible
physical impairment of a major bodily function of the pregnant woman, not
including psychological or emotional conditions and in a manner consistent with
reasonable medical practices. A medical procedure shall not be considered
necessary if it is performed based upon a claim or diagnosis that the woman
will engage in conduct that she intends to result in her death or in a
substantial physical impairment of a major bodily function.

(
4)
(
a) For at least seven years from the
date the notations are made in the pregnant woman's medical records, the
physician owner of the pregnant woman's medical records shall maintain a record
of the notations and in his own records a copy of the notations.

(
b)
A person, if he is the owner of the pregnant woman's medical records, who
violates this subsection is guilty of a felony and must be fined up to ten
thousand dollars, imprisoned for not more than two years, or both.

(
c)
An entity with ownership of the pregnant woman's medical records that violates
item (3) must be fined up to fifty thousand dollars.

(
C)
(
1) It is not a violation of
Section
44-41-630
Sections
44-41-611

through
44-41-615
for a physician to perform a medical procedure
necessary in his reasonable medical judgment to prevent the death of a pregnant
woman or the serious risk of a substantial and irreversible physical impairment
of a major bodily function of the pregnant woman, not including psychological
or emotional conditions.

(
2)
It is presumed that the following medical conditions constitute a risk of death
or serious risk of a substantial and irreversible physical impairment of a
major bodily function of a pregnant woman, not including psychological or
emotional conditions: molar pregnancy, partial molar pregnancy, blighted ovum,
ectopic pregnancy, severe preeclampsia, HELLP syndrome, abruptio placentae,
severe physical maternal trauma, uterine rupture, intrauterine fetal demise,
and miscarriage. However, when an unborn child is alive in utero, the
physician must make all reasonable efforts to deliver and save the life of an
unborn child during the process of separating the unborn child from the
pregnant woman, to the extent that it does not adversely affect the life or physical
health of the pregnant woman, and in a manner that is consistent with
reasonable medical practice. The enumeration of the medical conditions in this
item is not intended to exclude or abrogate other conditions that satisfy the
exclusions contained in item (1) or prevent other procedures that are not
included in the definition of abortion.

(
3)
A physician who performs a medical procedure pursuant to item (1) shall
declare, in a written document maintained with the woman's medical records,
that the medical procedure was necessary, the woman's medical condition
necessitating the procedure, the physician's rationale for his conclusion that
the procedure was necessary, and that all reasonable efforts were made to save
the unborn child in the event it was living prior to the procedure. The
declaration required by this item must be placed in the woman's medical records
not later than thirty days after the procedure was completed. A physician's
exercise of reasonable medical judgment in relation to a medical procedure
undertaken pursuant to this subsection is presumed to be within the applicable standard
of care.

(
D)
Medical treatment provided to a pregnant woman by a physician which results in
the accidental or unintentional injury or death of her unborn child is not a
violation of
Section
44-41-630

Sections
44-41-611
through
44-41-615
.

(
E)
It is not a violation of
Section
44-41-630
Sections
44-41-611
through
44-41-615
to use, sell, or
administer a contraceptive measure, drug, chemical, or device if the
contraceptive measure, drug, chemical, or device is used, sold, prescribed or
administered in accordance with manufacturer's instructions and is not used,
sold, prescribed or administered to cause or induce an abortion.

(
F) Compliance with the provisions of
this section is also an affirmative defense to allegations of a violation of
Sections
44-41-611
through
44-41-615
.

S
ection
44-41-650
.
(
A)
A physician may perform, induce, or attempt to perform or induce
an abortion on a pregnant woman after the fetal heartbeat has been detected in
accordance with Section
44-41-630
if:
The Attorney
General, a solicitor acting within his respective circuit, the mother of the
unborn child; the father of the unborn child, including the biological father
regardless of marital status; the grandparents of the unborn child; the
siblings of the unborn child; or the legal guardians of the unborn child's
mother if the mother has not reached the age of majority may bring a civil
action pursuant to this section for violation of this article.

(
1) the pregnancy is the result of
rape, and the probable gestational age of the unborn child is not more than
twelve weeks; or

(
2) the pregnancy is the result of
incest, and the probable gestational age of the unborn child is not more than
twelve weeks.

(
B)
A physician who performs or induces an abortion on a pregnant
woman based on an exception contained in this section must report the
allegation of rape or incest to the sheriff in the county in which the abortion
was performed. The report must be made no later than twenty-four hours after
performing or inducing the abortion, may be made orally or otherwise, and shall
include the name and contact information of the pregnant woman making the
allegation. Prior to performing or inducing an abortion, the physician who
performs or induces an abortion based on an allegation of rape or incest must
notify the pregnant woman that the physician will report the allegation of rape
or incest to the sheriff. The physician shall make written notations in the
pregnant woman's medical records that the abortion was performed pursuant to
the applicable exception, that the doctor notified the sheriff of the
allegation of rape or incest in a timely manner, and that the woman was
notified prior to the abortion that the physician would notify the sheriff of
the allegation of rape or incest.
A plaintiff who
prevails in a civil action by proving by a preponderance of the evidence that
the defendant violated, attempted to violate, or threatened to violate a
provision of this article, shall be awarded statutory damages of ten thousand
dollars to be imposed on each defendant in addition to:

(
1) injunctive relief;

(
2) compensatory damages if the
plaintiff suffered injury or harm including, but not limited to, medical
expenses, loss of parental care, custody, and companionship of the unborn
child, and emotional distress;

(
3) punitive damages; and

(
4) reasonable attorney's fees and
court costs.

(
C)
A person who violates this section is guilty of a felony and,
upon conviction, must be fined ten thousand dollars, imprisoned for not more
than two years, or both.
Under no circumstances may
civil damages be awarded to a plaintiff, or anyone related to the plaintiff, if
the pregnancy resulted from the plaintiff's criminal conduct.

(
D) A person must bring an action
pursuant to this article not later than three years after the date that the
alleged violation occurred.

(
E)
(
1) A South Carolina court may
exercise personal jurisdiction over any person or entity, whether acting
directly or through an agent, that violates this article, regardless of
location, that:

(
a) manufactures, mails, distributes,
transports, delivers, or provides abortion-inducing drugs, or aids and abets
the performance, induction, or attempted abortion, or the manufacture, mailing,
distribution, transportation, delivery, or provision of abortion-inducing drugs
to another person the person or entity knows or reasonably should know is
physically located in South Carolina, thereby transacting business in the
State;

(
b) commits an act in whole or in part
in this State by intentionally directing into South Carolina any
abortion-inducing drug in violation of state law, or by purposefully providing
remote services into South Carolina that directly result in the unlawful use of
abortion-inducing drugs or injury in this State;

(
c) causes injury in this State by an
act or omission outside this State, if the person or entity regularly delivers,
mails, ships, distributes, markets, solicits, or provides abortion-inducing
drugs or related services into this State, or otherwise engages in a persistent
course of conduct purposefully directed at this State;

(
d) produces, manufactures, or
distributes goods with the reasonable expectation that the goods will be used
or consumed in this State, and the abortion-inducing drugs are in fact used or
consumed in this State in violation of South Carolina law; or

(
e) aids or abets any person in
committing any of the acts described in subitems (a) through (d).

(
2) Notwithstanding any other
provision of law, including Chapter 2, Title 36, the courts of this State shall
exercise personal jurisdiction over any person or entity for claims arising
pursuant to this section to the fullest extent permitted by the Due Process
Clause of the Fourteenth Amendment to the United States Constitution. Service
of process may be made outside this State in accordance with applicable law.

(
F) In a civil action brought pursuant
to this article or an action brought pursuant to Section
15-51-15
, a court may
not award compensatory damages or punitive damages if the losing party
demonstrates that he paid, or has been ordered to pay, compensatory damages or
punitive damages in a previous civil action for the same violation.

(
G) The following do not constitute
defenses to a civil action brought pursuant to this article or an action
brought pursuant to Section
15-51-15
:

(
1) the fact that the pregnant woman
or, if the pregnant woman is a minor, a parent or legal guardian consented to
the abortion;

(
2) ignorance or mistake of law; or

(
3) reliance on a state or federal
court decision that is not binding on the court in which the action has been
brought.

(
H) A civil action for a violation of
this article may not be brought against:

(
1) any person that acted at the
behest of federal agencies, contractors, or employees that are carrying out
duties under federal law, if the imposition of liability would violate the
doctrines of preemption or intergovernmental immunity;

(
2) a physician or a healthcare
professional licensed by this State, unless the plaintiff pleads and proves
that the physician or healthcare professional knowingly performed or induced an
abortion in violation of the laws of this State; or knowingly aided or abetted
an abortion that was performed or induced in violation of the laws of this
State; or

(
3) a common carrier, a pharmaceutical
manufacturer, a pharmaceutical distributor, or a pharmacy located in this State
and licensed by the South Carolina Board of Pharmacy, unless the plaintiff
pleads and proves that the defendant:

(
a) failed to take reasonable
precautions to ensure that it would not engage in the conduct described in this
section; or

(
b) failed to adopt and implement a
policy to not distribute, mail, transport, deliver, provide, or possess
abortion-inducing drugs other than for a medical emergency, removing an ectopic
pregnancy, removing a dead, unborn child whose death was caused by a
spontaneous abortion, or any other purpose that does not include performing,
inducing, attempting, or assisting an unlawful abortion.

S
ection
44-41-660
.
(A) It is not a violation of Section
44-41-630

if an abortion is performed or induced on a pregnant woman due to the existence
of a fatal fetal anomaly. Section
44-41-630
does not apply to a physician who
performs or induces an abortion if the physician or person determines according
to standard medical practice that there exists a fatal fetal anomaly.
The Attorney General has the concurrent authority to prosecute a
person for a criminal violation of this article with the several solicitors of
the State, within their respective circuits.

(
B)
(
1) A person who performs or induces
an abortion based upon the existence of a fatal fetal anomaly shall make
written notations in the pregnant woman's medical records of:

(
a) the presence of a fatal fetal
anomaly;

(
b) the nature of the fatal fetal
anomaly;

(
c) the medical rationale for making
the determination that with or without the provision of life-preserving
treatment life after birth would be unsustainable.

(
2) For at least seven years from the
date the notations are made in the woman's medical records, the owner of the
pregnant woman's medical records shall maintain a record of the notations.

(
C) A person who violates this section
is guilty of a felony and, upon conviction, must be fined up to ten thousand
dollars, imprisoned for not more than two years, or both.

(
D) An entity with ownership of the
pregnant woman's medical records that violates item (2) must be fined up to
fifty thousand dollars.

S
ection
44-41-670
.
A pregnant woman on whom an abortion is
performed or induced in violation of this article may not be criminally
prosecuted for violating any of the provisions of this article or for
attempting to commit, or conspiring to commit a violation of any of the provisions
of the article and is not subject to a civil or criminal penalty based on the
abortion being performed or induced in violation of any of the provisions of
this article.
T
he provisions contained in this article do not create civil or
criminal liability for:

(
1) death or personal injuries
resulting from a lawful abortion performed in this State;

(
2) death or personal injuries
resulting from an abortion performed or induced by a licensed physician in
response to a medical emergency;

(
3) speech or conduct protected by the
First Amendment of the United States Constitution, as made applicable to the
states through the Supreme Court of the United States' interpretations of the
Fourteenth Amendment of the United States Constitution, or by Section 2,
Article I of the South Carolina Constitution;

(
4) the manufacture, distribution,
mailing, transport, delivery, prescription, provision, or possession of an
abortion-inducing drug solely for treating a medical emergency, removing an
ectopic pregnancy, removing a dead, unborn child whose death was caused by a
spontaneous abortion, or any other purpose that does not include performing,
inducing, attempting, or assisting an unlawful abortion.

S
ection
44-41-680
.
(
A)
In addition to all other remedies available under common or
statutory law, failure to comply with the requirements of this article shall
provide the basis for a civil action further described in this section.
For the purposes of this section:

(
1) "Prohibited abortion activity"
means an activity wherein a person knowingly or intentionally violates any of
the provisions contained in Sections
44-41-611
through
44-41-615
.

(
2) "Pattern of prohibited abortion
activity" means that an individual, entity, or an entity acting through its
agents or others that the entity acted in concert with engaged in at least two
incidents of abortion activity.

(
3) "Whistleblower" means an employee
who brings wrongdoing by an employer or other employees to the attention of a
person who may bring an action for a violation of this article.

(
B)
(
1)

A pregnant woman upon whom an
abortion has been performed, induced, or coerced in violation of this article
may maintain an action against the person who violated this article for actual
and punitive damages. In addition to all other damages, and separate and
distinct from all other damages, a plaintiff is entitled to statutory damages
of ten thousand dollars for each violation of this article to be imposed on
each defendant found to have violated this article.
It
is unlawful to:

(
a) knowingly or intentionally receive
any proceeds directly or indirectly derived from a pattern of prohibited
abortion activity;

(
b) knowingly or intentionally use or
invest any proceeds directly or indirectly derived from a pattern of prohibited
abortion activity to acquire an interest in property of, or to establish or
operate, an entity engaged in prohibited abortion activity;

(
c) through a pattern of prohibited
abortion activity, knowingly or intentionally acquire or maintain, either
directly or indirectly, an interest in or control of an entity, or the property
of an entity, engaged in a pattern of prohibited abortion activity;

(
d) be employed by or volunteer for an
entity known by the person to engage in a pattern of prohibited abortion
activity; or

(
e) knowingly or intentionally conduct
or otherwise participate in the activities of an entity engaged in a pattern of
prohibited abortion activity.

(
2) A person who violates this section
is guilty of a felony and, upon conviction, must be imprisoned for not more
than ten years, or fined not more than fifty thousand dollars, or both.

(
C)
A separate and distinct cause of action for injunctive relief
against any person who has violated this article may be maintained by
The Attorney General, or a solicitor acting within his circuit,
may bring an action to prevent, restrain, or punish a violation of subsection
(B) by seeking appropriate orders including, but not limited to
:

(
1)

the woman upon whom the abortion was performed or induced
in violation of this article
ordering a person or
entity to be divested of any proceeds directly or indirectly derived from a
pattern of prohibited abortion business activities and of an interest, direct
or indirect, in any entity engaged in a pattern of abortion business activity
;

(
2)

the parent or guardian of the pregnant woman if she had
not attained the age of eighteen years at the time of the abortion or died as a
result of the abortion
imposing reasonable
restriction on the future activities or investments of a person or entity
including, but not limited to, prohibiting a person or entity from engaging in
prohibited abortion business activities
;
and

(
3)

a solicitor or prosecuting attorney with proper
jurisdiction
ordering the dissolution or
reorganization of an entity engaged in a pattern of prohibited abortion
business activities, making provision for the rights of innocent people.
; or

(
4) the Attorney General.

(
D)
(
1)

If a plaintiff prevails in an
action initiated pursuant to this section the court shall award the plaintiff
reasonable costs and attorney's fees.
A person or
entity may not take any action to impede a whistleblower from communicating
about a violation of this article with the Attorney General, a solicitor, or
any other person authorized to bring an action for a violation of this article.
Actions to impede a whistleblower may include, but are not limited to:

(
a) enforcing, or threatening to
enforce, a confidentiality agreement or a predispute arbitration agreement with
respect to the communications; or

(
b) discharging, demoting, suspending,
threatening, harassing, or in any other manner discriminating against a
whistleblower in the terms and conditions of employment.

(
2) A person who violates this section
is guilty of a felony and, upon conviction, must be imprisoned for not more
than ten years, or fined not more than fifty thousand dollars, or both.

(
E) No damages, costs, or attorney's
fees may be assessed against the woman upon whom an abortion was performed or
induced.

(
F) Under no circumstances may civil
damages be awarded to a plaintiff if the pregnancy resulted from the
plaintiff's criminal conduct.

(
G) A civil cause of action pursuant
to this section must be brought within three years of the date of the abortion
and is not subject to the limitations and requirements contained in Chapter 79,
Title 15.

S
ection
44-41-690
.
(
A)
In addition to any other penalties imposed by law, a
physician or any other professionally licensed person who

is indicted for an intentional, knowing, or reckless violation of the
prohibition on abortion contained in this article shall have his license
suspended by the State Board of Medical Examiners or other, appropriate
licensing authority after due process according to the board's rules and
procedures. The suspension shall remain in place until the charges against the
physician are dismissed, or the physician is acquitted, convicted, pleads
guilty, or pleads nolo contendere. In the event that the charges are dismissed,
or the physician is acquitted, then the physician's license may be reinstated
by the board upon application by the physician.

(
B) A physician or any other
professionally licensed person who
intentionally, knowingly, or
recklessly violates the prohibition on abortion contained in this article
commits an act of unprofessional conduct. A physician's license to practice in
this State immediately shall be revoked by the State Board of Medical Examiners,
after due process according to the board's rules and procedures. Any other
licensed person's professional license shall be immediately revoked by the
appropriate licensing board, after due process according to that board's rules
and procedures. A complaint may be originated by any person or by the board
sua sponte. A licensing board acting pursuant to this section may assess costs
of the investigation, fines, and other disciplinary actions as it may deem
appropriate.

S
ection
44-41-700
.
Reserved.
This
article may not be construed to impose liability or conduct protected by the
First Amendment to the United States Constitution or by the South Carolina
Constitution.

S
ection
44-41-710
.
Reserved.
The
President of the Senate, on behalf of the Senate, and the Speaker of the House
of Representatives, on behalf of the House of Representatives, have an
unconditional right to intervene on behalf of their respective bodies in a
state court action and may provide evidence or argument, written or oral, if a
party to that court action challenges the constitutionality of this article, or
any portion of this article. In a federal court action that challenges the
constitutionality of this article or any portion of this article, the President
of the Senate, on behalf of the Senate, and the Speaker of the House of
Representatives, on behalf of the House of Representatives, may seek to
intervene, to file an amicus brief, or to present arguments in accordance with
the federal rules of procedure. Intervention by the President of the Senate or
the Speaker of the House of Representatives, or both, does not limit the duty
of the Attorney General to appear and prosecute legal actions or defend state
agencies, officers, or employees as otherwise provided. In any action in which
both houses of the General Assembly intervene or participate, the Senate and
the House of Representatives shall function independently from each other in
the representation of their respective clients.

S
ection
44-41-720
.
Reserved
If a
pregnant woman has an adverse event related to administration, dispensing, or
prescription of an abortion-inducing drug for the purpose of inducing an
abortion, then the physician who diagnosed and treated the woman for the
adverse event shall provide a report of the adverse event within three days of
the adverse event to the Department of Public Health on a form prescribed by
the department
.
The report will be used for
statistical purposes only and the confidentiality of the patient shall be
protected so the report shall not contain the woman's name, any common
identifies, or any other information that would make it possible to identify her.
The report shall contain, at least, the date the woman presented for the
adverse event, the specific reportable adverse event, the treatment for the
adverse event, and how the pregnant woman obtained the abortion-inducing drug,
if known. For the purposes of this section, "adverse event" means any
unintended medical complication associated with the use of an abortion-inducing
drug regardless of whether the event is considered drug related.

S
ection
44-41-730
. Reserved.

S
ection
44-41-740
. Reserved.

S
ECTION 4.
A
rticle 1, Chapter 6, Title 44 of the S.C. Code is
amended by adding:

S
ection
44-6-75
.
(
A) Any facility licensed by
the Department of Public Health to operate as an abortion provider pursuant to
Section
44-41-75
, and any affiliated physicians or professional medical
practices who are operating concurrently with and in the same physical, geographic
location, or footprint as the licensed facility are unqualified to provide
family planning services under the State's Medicaid program.

(
B)
State and local funds for family planning, whether through a grant, a contract,
state-administered federal funds, or any other form, may not be directly or
indirectly provided to any facility licensed by the Department of Public Health
to operate as an abortion provider pursuant to Section
44-41-75
or to a
physician or professional medical practice affiliated with a licensed abortion
provider who is operating concurrently with and in the same physical,
geographic location, or footprint as the licensed facility.

(
C) The
Department of Public Health shall prepare, produce, and make publicly available
in a user-friendly format a list of all qualified family planning service
providers operating within a twenty-five-mile radius of any facility licensed
to provide abortions pursuant to Section
44-41-75
that is excluded from the
State's Medicaid provider network.

S
ECTION 5.
C
hapter 51, Title 15 of the S.C. Code is amended by
adding:

S
ection
15-51-15
.
(
A) A woman upon whom an
unlawful abortion was performed or induced may bring a wrongful death action on
behalf of her dead unborn child against the person who performed or induced the
unlawful abortion, if the unlawful abortion was the proximate cause of the
death of the unborn child.

(
B) If
the woman upon whom an unlawful abortion was performed or induced does not
bring a wrongful death action pursuant to this section, then a wrongful death
action may be brought against the person who performed or induced the unlawful abortion,
if the unlawful abortion was the proximate cause of the death of the unborn
child, by the father of the unborn child, a parent or legal guardian of a
pregnant minor upon whom an unlawful abortion was performed or induced, or the
estate of a pregnant woman who died as a result of an unlawful abortion.

(
C) Except
for the requirement for a live birth, an action for wrongful death pursuant to
this section is subject to the same defenses and requirements of proof as would
apply to an action for wrongful death of a child who has been born alive.

(
D) If
the plaintiff in a wrongful death action brought pursuant to this section
prevails, then the court shall award:

(
1)
compensatory damages if the plaintiff suffered injury or harm from the
defendant's conduct including, but not limited to, medical expenses, loss of
parental care, custody, and companionship, or emotional distress, or any
combination thereof;

(
2)
punitive damages; and

(
3)
reasonable attorney's fees and court costs.

(
E) An
action may not be brought pursuant to this section by the woman who consents to
the abortion, the father of the unborn child, a parent or legal guardian of a
pregnant minor upon whom an abortion was performed or induced, or the estate of
a pregnant woman who died as a result of an abortion, if the father, parent or
legal guardian, or the mother who died as a result of the abortion consented to
or aided or abetted the abortion.

S
ECTION 6.
S
ection
59-32-30
of the S.C. Code is amended by adding:

(
H)
(
1) The instruction on human growth and
development required in this section must include a presentation of a
high-quality, computer generated rendering or animation of at least three
minutes in duration comparable in quality with the "Meet Baby Olivia" video
developed by Live Action, a 501(c)(3) non profit, demonstrating the process of
fertilization and stages of human development inside the uterus, noting
significant markers in cell growth and organ development from fertilization
until birth.

(
2)
The Attorney General may bring a civil action for a writ of mandamus to compel
a public school district to comply with item (1).

S
ECTION 7.
S
ection
44-41-37
of the S.C. Code is amended to read:

S
ection
44-41-37
.
A
physician or other professional person or agency counseling or
discussing with a minor the question of her obtaining an abortion shall fully
inform her of the procedures she must follow under law to obtain an abortion
without the consent required in Section
44-41-31
(1).

T
he Adoption and Birth Parent Services Division of the
Department of Social Services shall develop and distribute brochures to health
and education professionals for use in counseling pregnant minors. This
brochure shall include the following:

(
1)
how to access her local health department for prenatal care;

(
2)
how to access her local Adoption and Birth Parent Services Division of the
Department of Social Services or any private not for profit adoption service;

(
3)
the parental consent requirement as outlined in this
bill
chapter
;
and

(
4) the judicial by-pass procedure as
referred in Sections
44-41-32
,
44-41-33
, and
44-41-34
; and

(5)
(
4)
how to access her local mental health center for
counseling services.

S
ECTION 8.
S
ection
44-41-60
of the S.C. Code is amended to read:

S
ection
44-41-60
.
(
A)
Any
legal
abortion
performed in this State
pursuant to Section
44-41-640

must
be reported by the performing physician on the standard form for reporting
abortions to the State Registrar, Department of
Public
Health
and Environmental Control
, within seven days after the
abortion is performed. The names of the patient and physician may not be
reported on the form or otherwise disclosed to the State Registrar.
A physician who fails to complete or transmit a completed report
in a timely manner as required in this section is guilty of a misdemeanor and,
upon conviction, must be imprisoned for not more than thirty days or fined one
thousand dollars, or both. Each instance where a doctor fails to complete or
transmit a completed report in a timely manner as required by this section
constitutes a separate offense.

The form must
indicate from whom consent was obtained, circumstances waiving consent, and, if
an exception was exercised pursuant to Section
44-41-640
,
44-41-650
, or
44-41-660
, which exception the physician relied upon in performing or inducing
the abortion.

(
B) Annually, on or before January
thirty-first, the Department of Public Health shall compile a public report
providing statistics for the previous calendar year from the information
submitted by physicians pursuant to this section and statistics for prior calendar
years with any updated information for calendar years that was submitted after
the compilation of statistics for that year.

S
ECTION 9.
S
ection
44-41-90
(A) of the S.C. Code is amended to
read:

(
A) No funds appropriated by the State
for employer contributions to the State Health Insurance Plan may be expended
to reimburse the expenses of an abortion, except as provided in Sections
44-41-640
,
44-41-650
, and
44-41-660
.

S
ECTION 10.
S
ection
44-53-250
of the S.C. Code is amended by
adding:

(
h) Unless specifically excepted or
unless listed in another schedule, any material, compound, mixture, or
preparation that contains any quantity of the following substances, including
their salts, isomers, whether position, geometric, or optical, and salts of
such isomers whenever the existence of such salts, isomers, and salts of
isomers is possible within the specific chemical designation:

(
1)
Mifepristone

(
2)
Misoprostol

S
ECTION 11.
S
ection
38-71-238
of the S.C. Code is amended to read:

S
ection
38-71-238
.
(
A) Abortion coverage
may not be provided by a qualified health plan offered by a health insurer,
including a group health plan as defined in Section 607(1) of the Employee
Retirement Income Security Act of 1974 or health maintenance organization as
defined in Section
38-33-20
, through a health insurance exchange created
pursuant to the federal "Patient Protection and Affordable Care Act".

(
B)
This limitation shall not apply to an abortion performed
when
the life of the mother is endangered by a physical disorder, physical illness,
or physical injury, including a life-endangering physical condition caused or
arising from the pregnancy, or when the pregnancy is the result of rape or
incest
pursuant to Section
44-4-640
.

S
ECTION 12. The
Board of Pharmacy is directed to notify all pharmacists in South Carolina about
the provisions of this law and that lawful prescriptions for mifepristone and
misoprostol may be filled in accordance with this act.

S
ECTION 13. The
Department of Public Health is directed to notify all healthcare practitioners
and providers in South Carolina about the provisions of this law and that
mifepristone and misoprostol may be prescribed and administered in accordance
with this act.

S
ECTION 14. Sections
44-41-32
,
44-41-33
,
44-41-34
, and
14-8-200
(b)(7) of the S.C. Code are repealed.

S
ECTION 15. The repeal or amendment by this act
of any law, whether temporary or permanent or civil or criminal, does not affect
pending actions, rights, duties, or liabilities founded thereon, or alter,
discharge, release or extinguish any penalty, forfeiture, or liability incurred
under the repealed or amended law, unless the repealed or amended provision
shall so expressly provide. After the effective date of this act, all
laws repealed or amended by this act must be taken and treated as remaining in
full force and effect for the purpose of sustaining any pending or vested
right, civil action, special proceeding, criminal prosecution, or appeal
existing as of the effective date of this act, and for the enforcement of
rights, duties, penalties, forfeitures, and liabilities as they stood under the
repealed or amended laws.

S
ECTION 16. 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.

S
ECTION 17. This act takes effect upon
approval by the Governor.

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This web page was last updated on April 21, 2026 at 5:58 PM