South Carolina Code of Laws
Chapter 41 - Abortions
Section 44-41-340. Publication of materials regarding available assistance.

(A) The South Carolina Department of Health and Environmental Control shall cause to be published the following printed materials:
(1) geographically indexed materials designed to inform the woman of public and private agencies and services available to assist a woman through pregnancy, upon childbirth, and while the child is dependent, including adoption agencies, which include a comprehensive list of the agencies available, a description of the services they offer, and a description of the manner, including telephone numbers, in which they may be contacted;
(2) materials designed to inform the woman of the probable anatomical and physiological characteristics of the embryo or fetus at two-week gestational increments from the time when a woman can be known to be pregnant to full term. Any photograph, drawing or other depiction must state in bold letters, which are easily legible, stating the magnification of the photograph, drawing or depiction if it is not the actual size of the embryo or fetus at the age indicated. The materials must be objective, nonjudgmental, and designed to convey only accurate scientific information about the embryo or fetus at the various gestational ages;
(3) materials designed to inform the woman of the principal types of abortion procedures and the major risks associated with each procedure, as well as the major risks associated with carrying a fetus to full-term;
(4) materials designed to inform the woman that medical assistance benefits may be available for prenatal care, childbirth, and neonatal care by providing the names, addresses, and phone numbers of appropriate agencies that provide or have information available on these benefits;
(5) materials designed to inform the woman of the mechanisms available for obtaining child support payments;
(6) a list of health care providers, facilities, and clinics that offer to perform ultrasounds free of charge. The list must be arranged geographically and shall include the name, address, hours of operation, and telephone number of each entity listed. A health care provider, facility, or clinic that would like to be included on this list may contact the department and provide the required information. The department must update this list annually before September first;
(7) a plainly worded explanation of how a woman may calculate the gestational age of her embryo or fetus;
(8) a scientifically accurate statement concerning the contribution that each parent makes to the genetic constitution of their biological child;
(9) forms for notifications, certifications, and verifications required by Section 44-41-330.
(B) The materials must be easily comprehendible and must be printed in a typeface large enough to be clearly legible.
(C) The materials required under this section must be available from the South Carolina Department of Health and Environmental Control upon request and in appropriate number to any person, facility, or hospital.
(D)(1) The materials required under this section must be available on the department's Internet website in a format suitable for downloading. The website must be capable of permitting the user to print a time and date stamped certification identifying when the materials are downloaded.
(2) The department's Internet website also must provide a link to the Internet website maintained by health care providers, facilities, and clinics that offer to perform ultrasounds free of charge that have requested to be placed on the list maintained by the department.
HISTORY: 1995 Act No. 1, Section 8; 2010 Act No. 268, Sections 2, 3 eff June 24, 2010.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 44 - Health

Chapter 41 - Abortions

Section 44-41-10. Definitions.

Section 44-41-20. Legal Abortions.

Section 44-41-30. Persons from whom consent is required.

Section 44-41-31. Abortion upon minors; consent requirements; support obligations of parent or legal guardian who refuses to give consent for minor's abortion; penalty for false representation.

Section 44-41-32. Petitioning court for right to obtain abortion without consent of parent or legal guardian.

Section 44-41-33. Court order granting or denying minor right to obtain abortion.

Section 44-41-34. Appeals; hearings closed to public; records to be sealed; Supreme Court to adopt rules.

Section 44-41-35. Failure to obtain required consent.

Section 44-41-36. Penalty for failing to conform with requirements of Sections 44-41-10 through 44-41-36 when performing abortion on minor; justified reliance on representations of minors or other persons.

Section 44-41-37. Disclosure of consent requirements when counseling or discussing abortion with minor; brochure for use in counseling pregnant minors.

Section 44-41-40. Certain hospitals or clinics may refuse to perform abortions.

Section 44-41-50. Medical employees not required to aid in abortions; providing necessary aftercare following abortion.

Section 44-41-60. Abortions must be reported.

Section 44-41-70. Promulgation of rules and regulations for certification of hospitals and other facilities.

Section 44-41-75. Licensing of certain abortion facilities; regulations.

Section 44-41-80. Performing or soliciting unlawful abortion; testimony of woman may be compelled.

Section 44-41-85. Performance of partial-birth abortion by physician; felony; cause of action against physician.

Section 44-41-310. Short title.

Section 44-41-320. Definitions.

Section 44-41-330. Conditions for performance; information requirements; waiting period; minors or mentally incompetent persons; retention of records.

Section 44-41-340. Publication of materials regarding available assistance.

Section 44-41-350. Penalties for noncompliance with this article.

Section 44-41-360. Preservation of anonymity of woman having abortion.

Section 44-41-370. Applicability of article.

Section 44-41-380. Severability of provisions of article.

Section 44-41-410. Short title.

Section 44-41-420. Legislative findings.

Section 44-41-430. Definitions.

Section 44-41-440. Determination of probable post-fertilization age of unborn child.

Section 44-41-450. Abortion prohibited when probable post-fertilization age of unborn child is twenty or more weeks; exceptions.

Section 44-41-460. Report of abortion performed pursuant to Section 44-41-450; patient privacy; department to issue public report; late fee for failure of facility to report; regulations.

Section 44-41-470. Penalties for noncompliance with Sections 44-41-440 and 44-41-450.

Section 44-41-480. Construction against implicit repeal of existing law.

Section 44-41-610. Definitions.

Section 44-41-620. Effect of court judgment or order; enforcement.

Section 44-41-630. Obstetric ultrasound; display of images; recording written medical description of images of fetal heartbeat.

Section 44-41-640. Abortion provider shall make fetal heartbeat audible for pregnant woman to hear.

Section 44-41-650. Determination of detectable fetal heartbeat prior to abortion; penalties.

Section 44-41-660. Exception for medical emergency; written notations in medical records.

Section 44-41-670. No violation of Section 44-41-650 if no fetal heartbeat detected.

Section 44-41-680. Performance of abortion prohibited if fetal heartbeat detected; exceptions; physician required to notify law enforcement after performing abortion in certain circumstances; penalties.

Section 44-41-690. Exceptions to prevent death or serious risk of substantial and irreversible impairment of a major bodily function; written documentation required.

Section 44-41-700. No violation of Section 44-41-680 if no fetal heartbeat detected.

Section 44-41-710. Construction and application of article.

Section 44-41-720. Contraceptives not affected by this article.

Section 44-41-730. Pregnant woman not subject to criminal prosecution for violating any provisions of this article.

Section 44-41-740. Civil action; damages; attorney's fees.