South Carolina Code of Laws
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.

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.