2023 South Carolina Code of Laws › Title 44 - Health › Chapter 41 - Abortions › Section 44-41-430. Definitions.

For the repeal of this section, see 2023 Act No. 70, Section 13.B.
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.
Editor's Note
2023 Act No. 70, Section 13.B, provides as follows:
"[SECTION 13.]B. Article 5, Chapter 41, Title 44 of the S.C. Code is repealed. However, if some or all of the provisions contained in SECTION 2 of this act are ever temporarily or permanently restrained or enjoined by judicial order, or are held to be unconstitutional or invalid, then all of the provisions of Article 5, Chapter 41, Title 44 are reenacted retroactively to the date the judicial order either temporarily or permanently restraining or enjoining some or all of the provisions contained in SECTION 2 or declaring some or all of the provisions contained in SECTION 2 unconstitutional or invalid is entered."