South Carolina § 44-41-60 - Abortions must be reported.

§ 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 44-41-640, 44-41-650, or 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; 2023 Act No. 70 (S.474), SECTION 7, eff May 25, 2023.

Editor's Note

2021 Act No. 1, SECTION 1, provides as follows:

"SECTION 1. This act shall be known and may be cited as the 'South Carolina Fetal Heartbeat and Protection from Abortion Act'."

2023 Act No. 70, SECTIONS 11 and 12, provide as follows:

"SECTION 11. The Public Employee Benefit Authority and the State Health Plan shall cover prescribed contraceptives for dependents under the same terms and conditions that the Plan provides contraceptive coverage for employees and spouses. The State Health Plan shall not apply patient cost sharing provisions to covered contraceptives.

"SECTION 12. The President of the Senate, on behalf of the Senate, and the Speaker of the House of Representatives, on behalf of the House of Representatives have an unconditional right to intervene on behalf of their respective bodies in a state court action and may provide evidence or argument, written or oral, if a party to that court action challenges the constitutionality of this act. In a federal court action that challenges the constitutionality of this act the Legislature may seek to intervene, to file an amicus brief, or to present arguments in accordance with federal rules of procedure. Intervention by the Legislature pursuant to this provision does not limit the duty of the Attorney General to appear and prosecute legal actions or defend state agencies, officers or employees as otherwise provided. In any action in which the Legislature intervenes or participates, the Senate and the House of Representatives shall function independently from each other in the representation of their respective clients."

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".

2023 Act No. 70, SECTION 7, in the third sentence, inserted "44-41-640, 44-41-650, or".