2017-2018 Bill 467: Abortions - South Carolina Legislature Online

1 South Carolina General Assembly 2 122nd Session, 2017-2018 3 4 S. 467 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Senators Martin and Verdin 10 Document Path: l:\s-res\srm\003hear.kmm.srm.docx 11 12 Introduced in the Senate on February 23, 2017 13 Currently residing in the Senate Committee on Medical Affairs 14 15 Summary: Abortions 16 17 18 HISTORY OF LEGISLATIVE ACTIONS 19 20 Date Body Action Description with journal page number 21 2/23/2017 Senate Introduced and read first time ( Senate Journalpage 9) 22 2/23/2017 Senate Referred to Committee on Medical Affairs ( Senate Journalpage 9) 23 24 View the latest legislative information at the website 25 26 27 VERSIONS OF THIS BILL 28 29 2/23/2017 30 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND ARTICLE 5, CHAPTER 41, TITLE 44 OF THE 12 1976 CODE, RELATING TO THE SOUTH CAROLINA 13 PAINCAPABLE UNBORN CHILD PROTECTION ACT, BY 14 ADDING SECTION 44-41-445, TO REQUIRE ABDOMINAL 15 ULTRASOUNDS BE CONDUCTED PRIOR TO PERFORMING 16 OR INDUCING AN ABORTION TO DETERMINE IF THE 17 ULTRASOUND DETECTS A FETAL HEARTBEAT; TO 18 AMEND SECTION 44-41-450, TO PROVIDE THAT AN 19 ABORTION CANNOT BE PERFORMED OR INDUCED ON A 20 WOMAN DURING THE THIRTEENTH THROUGH 21 NINETEENTH WEEK OF PREGNANCY IF THE 22 ULTRASOUND DETECTS A FETAL HEARTBEAT; AND TO 23 AMEND SECTION 44-41-330(A)(1), TO REQUIRE THAT A 24 WOMAN BE NOTIFIED OF HER RIGHT TO KNOW IF A 25 FETAL HEARTBEAT WAS DETECTED DURING THE 26 ULTRASOUND. 27 28 Be it enacted by the General Assembly of the State of South 29 Carolina: 30 31 SECTION 1. Article 5, Chapter 41, Title 44 of the 1976 Code is 32 amended by adding: 33 34 “Section 44-41-445. (A) A physician who is to perform or 35 induce or attempt to perform or induce an abortion, or an allied 36 health professional working in conjunction with the physician, 37 must conduct an abdominal ultrasound test to determine if the 38 embryo or fetus has a detectable heartbeat. 39 (B) An abdominal ultrasound test is not required in the case of 40 an emergency.” 41

[467] 2 1 SECTION 2. Section 44-41-450 of the 1976 Code is amended to 2 read: 3 4 “Section 44-41-450. (A)(1) No person shall perform or induce 5 or attempt to perform or induce an abortion upon a woman when it 6 has been determined, by the physician performing or inducing or 7 attempting to perform or induce the abortion or by another 8 physician upon whose determination that physician relies, that the 9 probable postfertilization age of the woman's unborn child is: 10 (a) between thirteen and nineteen twenty or more weeks 11 when the abdominal ultrasound test performed pursuant to Section 12 44-41-445 detects a heartbeat, and no person shall perform or 13 induce or attempt to perform or induce an abortion; or 14 (b) twenty weeks or more. 15 (2) except Notwithstanding the provisions contained in item 16 (1), an abortion may be performed or induced or attempted to be 17 performed or induced, in the case of fetal anomaly, or in 18 reasonable medical judgment, she has a condition which so 19 complicates her medical condition as to necessitate the abortion of 20 her pregnancy to avert her death or to avert serious risk of 21 substantial and irreversible physical impairment of a major bodily 22 function, not including psychological or emotional conditions. No 23 such greater risk must be considered to exist if it is based on a 24 claim or diagnosis that the woman will engage in conduct which 25 she intends to result in her death or in substantial and irreversible 26 physical impairment of a major bodily function. 27 (B) When an abortion upon a woman whose unborn child has 28 been determined to have a probable postfertilization age of twenty 29 or more weeks is not prohibited by subsection (A), the physician 30 shall terminate the pregnancy in the manner which, in reasonable 31 medical judgment, provides the best opportunity for the unborn 32 child to survive, unless, in reasonable medical judgment, 33 termination of the pregnancy in that manner would pose a greater 34 risk either of the death of the pregnant woman or of the substantial 35 and irreversible physical impairment of a major bodily function, 36 not including psychological or emotional conditions, of the woman 37 than would other available methods. No such greater risk must be 38 considered to exist if it is based on a claim or diagnosis that the 39 woman will engage in conduct which she intends to result in her 40 death or in substantial and irreversible physical impairment of a 41 major bodily function.” 42

[467] 3 1 SECTION 3. Section 44-41-330(A)(1) of the 1976 Code is 2 amended to read: 3 4 “(1) The woman must be informed by the physician who is to 5 perform the abortion or by an allied health professional working in 6 conjunction with the physician of the procedure to be involved and 7 by the physician who is to perform the abortion of the probable 8 gestational age of the embryo or fetus at the time the abortion is to 9 be performed. If an ultrasound is performed, an An abortion may 10 not be performed sooner than sixty minutes following completion 11 of the ultrasound required pursuant to Section 44-41-445. The 12 physician who is to perform the abortion, or an allied health 13 professional working in conjunction with the physician, must 14 inform the woman, before the ultrasound procedure, of her right to 15 know if a heartbeat is detected during the ultrasound and of her 16 right to view the ultrasound image at her request during or after the 17 ultrasound procedure.” 18 19 SECTION 4. This act takes effect upon approval by the 20 Governor. 21 XX 22

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