Signed by Governor Henry McMaster

Vote Smart's Synopsis:

Vote to pass a bill that prohibits abortion after a fetal heartbeat is detected.

Highlights:

• Requires physicians to perform an obstetric ultrasound prior to providing abortion or abortion-related services (Sec. 44-41-630).

• Requires physicians to listen for a fetal heartbeat prior to providing abortion or abortion-related services (Sec. 44-41-640).

• Prohibits physicians from performing abortions after a fetal heart beat has been detect except when (Sec 44-41-660): 

• The physician believes it is medically prudent to do so; and 

• When there is a emergency necessitating the performance of an abortion to save the life of the mother.

• Requires physicians to record the rationale behind their decision to perform an abortion in the aforementioned exceptional circumstances to make sure it complies with statutory requirements (Sec. 44-41-640).

• Specifies that a physician is not in violation of the provisions of the law if they perform an abortion when (Sec. 44-41-670 & 44-41-680):

• They do everything they can to hear a fetal heartbeat and it is not audible;

• The pregnancy is a product of rape and the post-fertilization age of the fetus is less that 20 weeks;

• The pregnancy is a product of incest and the post-fertilization age of the fetus is less than 20 week;

• There is a fetal anomaly; or 

• The abortion is performed in an attempt to save the life of the mother or prevent substantial bodily harm from occuring to the mother   

• Authorizes a pregnant woman on whom an abortion was performed to file for damages with the court, if they were not shown fetal ultrasound pictures or a fetal heartbeat and their abortion was performed in violation of the Act (Sec. 44-41-740).

• Establishes that any physician who violates the provisions of the article is guilty of a felony and must be fined $10,000 and imprisoned for no more than 2 years (Sec. 44-41-680).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that prohibits abortion after a fetal heartbeat is detected.

Highlights:

• Requires physicians to perform an obstetric ultrasound prior to providing abortion or abortion-related services (Sec. 44-41-630).

• Requires physicians to listen for a fetal heartbeat prior to providing abortion or abortion-related services (Sec. 44-41-640).

• Prohibits physicians from performing abortions after a fetal heart beat has been detect except when (Sec 44-41-660): 

• The physician believes it is medically prudent to do so; and 

• When there is a emergency necessitating the performance of an abortion to save the life of the mother.

• Requires physicians to record the rationale behind their decision to perform an abortion in the aforementioned exceptional circumstances to make sure it complies with statutory requirements (Sec. 44-41-640).

• Specifies that a physician is not in violation of the provisions of the law if they perform an abortion when (Sec. 44-41-670 & 44-41-680):

• They do everything they can to hear a fetal heartbeat and it is not audible;

• The pregnancy is a product of rape and the post-fertilization age of the fetus is less that 20 weeks;

• The pregnancy is a product of incest and the post-fertilization age of the fetus is less than 20 week;

• There is a fetal anomaly; or 

• The abortion is performed in an attempt to save the life of the mother or prevent substantial bodily harm from occuring to the mother   

• Authorizes a pregnant woman on whom an abortion was performed to file for damages with the court, if they were not shown fetal ultrasound pictures or a fetal heartbeat and their abortion was performed in violation of the Act (Sec. 44-41-740).

• Establishes that any physician who violates the provisions of the article is guilty of a felony and must be fined $10,000 and imprisoned for no more than 2 years (Sec. 44-41-680).

Full Bill Text