(A) It is not a violation of § 44-41-630 if an abortion is performed or induced on a pregnant woman due to the existence of a fatal fetal anomaly. § 44-41-630 does not apply to a physician who performs or induces an abortion if the physician or person determines according to standard medical practice that there exists a fatal fetal anomaly.

(B)(1) A person who performs or induces an abortion based upon the existence of a fatal fetal anomaly shall make written notations in the pregnant woman’s medical records of:

Terms Used In South Carolina Code 44-41-660

  • Abortion: means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child. See South Carolina Code 44-41-610
  • Conviction: A judgement of guilt against a criminal defendant.
  • Fatal 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. See South Carolina Code 44-41-610
  • Physician: means a person licensed to practice medicine in this State. See South Carolina Code 44-41-610
  • Pregnant: means the human biological female reproductive condition of having a living unborn child within her body, whether or not she has reached the age of majority. See South Carolina Code 44-41-610

(a) the presence of a fatal fetal anomaly;

(b) the nature of the fatal fetal anomaly;

(c) the medical rationale for making the determination that with or without the provision of life-preserving treatment life after birth would be unsustainable.

(2) For at least seven years from the date the notations are made in the woman’s medical records, the owner of the pregnant woman’s medical records shall maintain a record of the notations.

(C) A person who violates this section is guilty of a felony and, upon conviction, must be fined up to ten thousand dollars, imprisoned for not more than two years, or both.

(D) An entity with ownership of the pregnant woman’s medical records that violates item (2) must be fined up to fifty thousand dollars.

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