reglab/housing_qa huggingface dataset:
SC Code § 44-41-37 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 41 - Abortions|Section 44-41-37. Disclosure of consent requirements when counseling or discussing abortion with minor; brochure for use in counseling pregnant minors.

 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).  The 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;  (4) the judicial by-pass procedure as referred in Sections 44-41-32, 44-41-33, and 44-41-34; and  (5) how to access her local mental health center for counseling services.  HISTORY: 1990 Act No. 341, Section 1.
SC Code § 44-41-40 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 41 - Abortions|Section 44-41-40. Certain hospitals or clinics may refuse to perform abortions.

 No private or nongovernmental hospital or clinic shall be required to admit any patient for the purpose of terminating a pregnancy, nor shall such institutions be required to permit their facilities to be utilized for the performance of abortions. No cause of action shall arise against any such hospital or clinic for refusal to perform or to allow the performance of an abortion if the institution has adopted a policy not to admit patients for the purpose of terminating pregnancies; provided, that no hospital or clinic shall refuse an emergency admittance.  HISTORY: 1962 Code Section 32-684; 1974 (58) 2837.
SC Code § 44-41-50 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 41 - Abortions|Section 44-41-50. Medical employees not required to aid in abortions; providing necessary aftercare following abortion.

 (a) No physician, nurse, technician or other employee of a hospital, clinic or physician shall be required to recommend, perform or assist in the performance of an abortion if he advises the hospital, clinic or employing physician in writing that he objects to performing, assisting or otherwise participating in such procedures. Such notice will suffice without specification of the reason therefor.  (b) No physician, nurse, technician or other person who refuses to perform or assist in the performance of an abortion shall be liable to any person for damages allegedly arising from such refusal.  (c) No physician, nurse, technician or other person who refuses to perform or assist in the performance of an abortion shall because of that refusal be dismissed, suspended, demoted, or otherwise disciplined or discriminated against by the hospital or clinic with which he is affiliated or by which he is employed. A civil action for damages or reinstatement of employment, or both, may be prosecuted by any person whose employment or affiliation with a hospital or clinic has been altered or terminated in violation of this chapter.  (d) Any physician who performs an abortion shall also provide, for proper compensation, necessary aftercare for his patient unless released by the patient in writing. The extent of aftercare required shall be that care customarily provided by physicians in such cases in accordance with accepted medical practice.  HISTORY: 1962 Code Section 32-685; 1974 (58) 2837.
SC Code § 44-41-60 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 41 - Abortions|Section 44-41-60. Abortions must be reported.

 Any abortion performed in this State must be reported by the performing physician on the standard form for reporting abortions to the State Registrar, Department of 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. The form must indicate from whom consent was obtained, circumstances waiving consent, and, if an exception was exercised pursuant to Section 44-41-660, which exception the physician relied upon in performing or inducing the abortion.  HISTORY: 1975 (59) 187; 1978 Act No. 587 Section 4; 1990 Act No. 341, Section 5; 1995 Act No. 1, Section 12; 2021 Act No. 1 (S.1), Section 6, eff February 18, 2021.  Editor's Note  2021 Act No. 1, Sections 1, 2, provide as follows:  "SECTION 1. This act shall be known and may be cited as the 'South Carolina Fetal Heartbeat and Protection from Abortion Act'.  "SECTION 2. The General Assembly hereby finds, according to contemporary medical research, all of the following:  "(1) as many as thirty percent of natural pregnancies end in spontaneous miscarriage;  "(2) fewer than five percent of all natural pregnancies end in spontaneous miscarriage after the detection of a fetal heartbeat;  "(3) over ninety percent of in vitro pregnancies survive the first trimester if a fetal heartbeat is detected;  "(4) nearly ninety percent of in vitro pregnancies do not survive the first trimester if a fetal heartbeat is not detected;  "(5) a fetal heartbeat is a key medical predictor that an unborn human individual will reach live birth;  "(6) a fetal heartbeat begins at a biologically identifiable moment in time, normally when the fetal heart is formed in the gestational sac;  "(7) the State of South Carolina has legitimate interests from the outset of a pregnancy in protecting the health of the pregnant woman and the life of the unborn child who may be born; and  "(8) in order to make an informed choice about whether to continue a pregnancy, a pregnant woman has a legitimate interest in knowing the likelihood of the human fetus surviving to full-term birth based upon the presence of a fetal heartbeat."  Effect of Amendment  2021 Act No. 1, Section 6, in the first and second sentences, substituted "State Registrar" for "state registrar", and in the third sentence, substituted "obtained, circumstances waiving consent, and, if an exception was exercised pursuant to Section 44-41-660, which exception the physician relied upon in performing or inducing the abortion" for "obtained or circumstances waiving consent".
SC Code § 44-41-70 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 41 - Abortions|Section 44-41-70. Promulgation of rules and regulations for certification of hospitals and other facilities.

 (a) The department shall promulgate and enforce regulations for the certification of hospitals as defined in Section 44-41-10(d) as suitable facilities for the performance of abortions.  (b) The department shall promulgate and enforce regulations for the licensing and certification of facilities other than hospitals as defined in Section 44-41-10(d) wherein abortions are to be performed as provided for in Section 44-41-20(a) and (b).  HISTORY: 1962 Code Section 32-686; 1974 (58) 2837; 1995 Act No. 1, Section 3.
SC Code § 44-41-75 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 41 - Abortions|Section 44-41-75. Licensing of certain abortion facilities; regulations.

 (A) A facility in which any second trimester or five or more first trimester abortions are performed in a month must be licensed by the department to operate as an abortion clinic and must comply with the provisions of Article 3.  (B) The department shall promulgate regulations concerning sanitation, housekeeping, maintenance, staff qualifications, emergency equipment and procedures to provide emergency care, medical records and reports, laboratory, procedure and recovery rooms, physical plant, quality assurance, infection control, and information on and access to patient follow-up care necessary to carry out the purposes of this section.  HISTORY: 1995 Act No. 1, Section 1.
SC Code § 44-41-80 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 41 - Abortions|Section 44-41-80. Performing or soliciting unlawful abortion; testimony of woman may be compelled.

 (a) Any person, except as permitted by this chapter, who provides, supplies, prescribes or administers any drug, medicine, prescription or substance to any woman or uses or employs any device, instrument or other means upon any woman, with the intent to produce an abortion shall be deemed guilty of a felony and, upon conviction, shall be punished by imprisonment for a term of not less than two nor more than five years or fined not more than five thousand dollars, or both. Provided, that the provisions of this item shall not apply to any woman upon whom an abortion has been attempted or performed.  (b) Except as otherwise permitted by this chapter, any woman who solicits of any person or otherwise procures any drug, medicine, prescription or substance and administers it to herself or who submits to any operation or procedure or who uses or employs any device or instrument or other means with intent to produce an abortion, unless it is necessary to preserve her life, shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment for a term of not more than two years or fined not more than one thousand dollars, or both.  (c) Any woman upon whom an abortion has been performed or attempted in violation of the provisions of this chapter may be compelled to testify in any criminal prosecution initiated pursuant to subsection (a) of this section; provided, however, that such testimony shall not be admissible in any civil or criminal action against such woman and she shall be forever immune from any prosecution for having solicited or otherwise procured the performance of the abortion or the attempted performance of the abortion upon her.  HISTORY: 1962 Code Section 32-687; 1974 (58) 2837.
SC Code § 44-41-85 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 41 - Abortions|Section 44-41-85. Performance of partial-birth abortion by physician; felony; cause of action against physician.

 (A) A physician who knowingly performs a partial-birth abortion and thereby kills a human fetus is guilty of a felony and, upon conviction, must be fined not less than five thousand dollars or imprisoned for not less than five years, or both. This section shall not apply to a partial-birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, a physical illness, or a physical injury if no other medical procedure would suffice for that purpose.  (B) As used in this section:  (1) the term "partial-birth abortion" means an abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery.  (2) the term "physician" means a physician, surgeon, or osteopath authorized to practice medicine in this State and licensed pursuant to Chapter 47 of Title 40. However, an individual who is not a physician, but who directly and knowingly performs a partial-birth abortion is also subject to the provisions of this section.  (C)(1) The father, if married to the mother at the time she receives a partial-birth abortion, and if the mother has not attained the age of eighteen years at the time of the abortion, the maternal grandparents of the fetus have a cause of action against the physician or other person unlawfully performing a partial-birth abortion and may obtain appropriate relief, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion.  (2) Such relief includes, but is not limited to:  (a) actual damages which shall be trebled;  (b) punitive damages for all injuries, psychological and physical, occasioned by the violation of this section; and  (c) reasonable costs and attorney's fees.  (D) A woman upon whom a partial-birth abortion is performed may not be prosecuted for a violation of this section, for a conspiracy to violate this section, or for any other offense which is based on a violation of this section.  HISTORY: 1997 Act No. 11, Section 1.
SC Code § 44-41-310 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 41 - Abortions|Section 44-41-310. Short title.

 This article may be cited as the "Woman's Right to Know Act".  HISTORY: 1995 Act No. 1, Section 8.
SC Code § 44-41-320 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 41 - Abortions|Section 44-41-320. Definitions.

 As used in this article:  (1) "Medical emergency" means that condition which, on the basis of the physician's good faith judgment, so complicates a pregnancy as to necessitate an immediate abortion to avert the risk of her death or for which a delay will create serious risk of substantial and irreversible impairment of major bodily function.  (2) "Probable gestational age of the embryo or fetus" means what, in the judgment of the attending physician based upon the attending physician's examination and the woman's medical history, is with reasonable probability the gestational age of the embryo or fetus at the time the abortion is planned to be performed.  HISTORY: 1995 Act No. 1, Section 8.
SC Code § 44-41-350 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 41 - Abortions|Section 44-41-350. Penalties for noncompliance with this article.

 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 thousand dollars. No term of imprisonment may be imposed for a first or second offense.  (2) for a third or subsequent offense, must be imprisoned not more than three years or fined not more than five thousand dollars, or both.  HISTORY: 1995 Act No. 1, Section 8.
SC Code § 44-41-360 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 41 - Abortions|Section 44-41-360. Preservation of anonymity of woman having abortion.

 In every proceeding or action brought under this article, the court shall rule whether the anonymity of any woman upon whom an abortion is performed or attempted shall be preserved from public disclosure if she does not give her consent to such a disclosure. The court, upon motion of any person or upon its own motion, shall make such a ruling and, upon determining that her anonymity be preserved, shall issue orders to the parties, witnesses, and counsel, and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each order under this section must be accompanied by specific written findings explaining why the anonymity of the woman should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable, less restrictive alternative exists. This section may not be construed to conceal the identity of the plaintiff or of the prosecutrix or of witnesses from the defendant or to abridge or deny the defendant's ability to conduct discovery under applicable rules of court or the defendant's right to a trial by jury or to cross examination.  HISTORY: 1995 Act No. 1, Section 8.
SC Code § 44-41-370 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 41 - Abortions|Section 44-41-370. Applicability of article.

 This article applies only to facilities in which any second trimester or five or more first trimester abortions are performed in a month.  HISTORY: 1995 Act No. 1, Section 8.
SC Code § 44-41-380 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 41 - Abortions|Section 44-41-380. Severability of provisions of article.

 If any provision, word, phrase, or clause of Article 3, Chapter 41, Title 44 of the 1976 Code, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the provisions, words, phrases, clauses, or applications of Article 3, Chapter 41, Title 44 which can be given effect without the invalid provision, word, phrase, clause, or application, and, to this end, the provisions, words, phrases, and clauses of Article 3, Chapter 41, Title 44 are declared to be severable.  HISTORY: 1995 Act No. 1, Section 10; 2010 Act No. 268, Section 4, eff June 24, 2010.
SC Code § 44-41-410 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 41 - Abortions|Section 44-41-410. Short title.

 This article may be cited as the "South Carolina Pain-Capable Unborn Child Protection Act".  HISTORY: 2016 Act No. 183 (H.3114), Section 1, eff May 25, 2016.
SC Code § 44-41-430 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 41 - Abortions|Section 44-41-430. Definitions.

 For the purposes of this article:  (1) "Abortion" means the use or prescription of any instrument, medicine, drug, or any other substance or device:  (a) to intentionally kill the unborn child of a woman known to be pregnant; or  (b) to intentionally prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to increase the probability of a live birth or of preserving the life or health of the child after live birth.  (2) "Attempt to perform or induce an abortion" means an act, or an omission of a statutorily required act, that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance or induction of an abortion in this State in violation of this article.  (3) "Department" means the South Carolina Department of Health and Environmental Control.  (4) "Fertilization" means the fusion of a human spermatozoon with a human ovum.  (5) "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) "Medical emergency" means a condition that, in reasonable medical judgment, so complicates the medical condition of the pregnant woman that it necessitates the immediate abortion of her pregnancy without first determining post-fertilization age to avert her death or for which the delay necessary to determine post-fertilization age will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. No condition must be considered a medical emergency if based on a claim or diagnosis that the woman will engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function.  (7) "Physician" means any person licensed to practice medicine and surgery or osteopathic medicine and surgery in this State.  (8) "Post-fertilization age" means the age of the unborn child as calculated from the fusion of a human spermatozoon with a human ovum.  (9) "Probable post-fertilization age of the unborn child" means what, in reasonable medical judgment, will with reasonable probability be the post-fertilization age of the unborn child at the time the abortion is planned to be performed or induced.  (10) "Reasonable medical judgment" means a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.  (11) "Unborn child" or "fetus" each means an individual organism of the species homo sapiens from fertilization until live birth.  (12) "Woman" means a female human being whether or not she has reached the age of majority.  HISTORY: 2016 Act No. 183 (H.3114), Section 1, eff May 25, 2016.
SC Code § 44-41-440 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 41 - Abortions|Section 44-41-440. Determination of probable post-fertilization age of unborn child.

 Except in the case of a medical emergency or fetal anomaly, no abortion must be performed or induced or be attempted to be performed or induced unless the physician performing or inducing it has first made a determination of the probable post-fertilization age of the unborn child or relied upon such a determination made by another physician. In making such a determination, the physician shall make such inquiries of the woman and perform or cause to be performed such medical examinations and tests as a reasonably prudent physician, knowledgeable about the case and the medical conditions involved, would consider necessary to perform in making an accurate diagnosis with respect to post-fertilization age.  HISTORY: 2016 Act No. 183 (H.3114), Section 1, eff May 25, 2016.
SC Code § 44-41-450 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 41 - Abortions|Section 44-41-450. Abortion prohibited when probable post-fertilization age of unborn child is twenty or more weeks; exceptions.

 (A) No person shall perform or induce or attempt to perform or induce an abortion upon a woman when it has been determined, by the physician performing or inducing or attempting to perform or induce the abortion or by another physician upon whose determination that physician relies, that the probable post-fertilization age of the woman's unborn child is twenty or more weeks, except in the case of fetal anomaly, or in reasonable medical judgment, she has a condition which so complicates her medical condition as to necessitate the abortion of her pregnancy to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. No such greater risk must be considered to exist if it is based on a claim or diagnosis that the woman will engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function.  (B) When an abortion upon a woman whose unborn child has been determined to have a probable post-fertilization age of twenty or more weeks is not prohibited by subsection (A), the physician shall terminate the pregnancy in the manner which, in reasonable medical judgment, provides the best opportunity for the unborn child to survive, unless, in reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the woman than would other available methods. No such greater risk must be considered to exist if it is based on a claim or diagnosis that the woman will engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function.  HISTORY: 2016 Act No. 183 (H.3114), Section 1, eff May 25, 2016.
SC Code § 44-41-470 (2021)
2021 South Carolina Code of Laws|Title 44 - Health|Chapter 41 - Abortions|Section 44-41-470. Penalties for noncompliance with Sections 44-41-440 and 44-41-450.

 Any physician who intentionally or knowingly fails to conform to any requirement in Section 44-41-440 and Section 44-41-450 is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars nor more than ten thousand dollars or imprisoned for not more than three years, or both. No part of the minimum fine may be suspended. For conviction of a third or subsequent offense, the sentence must be imprisonment for not less than sixty days nor more than three years, no part of which may be suspended.  HISTORY: 2016 Act No. 183 (H.3114), Section 1, eff May 25, 2016.