The department, in accordance with the laws of the State governing injunctions and other processes, may maintain an action in the name of the State against any person for establishing, conducting, managing, or operating any birthing center without obtaining a license as provided in this chapter. In charging any defendant in a complaint in the action, it is sufficient to charge that the defendant, upon a certain day and in a certain county, did establish, conduct, manage, or operate the birthing center without a license, without averring any further or more particular facts concerning the charge.

Any person violating the provisions of this chapter or regulations promulgated under this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars for a first offense and five hundred dollars for each subsequent offense. Each day the facility or program operates without a license after notice is considered a subsequent offense.

Terms Used In South Carolina Code 44-89-100

  • Birthing center: means a facility or other place where human births are planned to occur. See South Carolina Code 44-89-30
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 44-89-30
  • Person: means a natural individual, private or public organization, political subdivision, or other governmental agency. See South Carolina Code 44-89-30
  Previous section
Next section  
 Chapter 89 Contents