Article 1 Abortions Generally
Article 3 Woman’S Right to Know
Article 5 South Carolina Pain-Capable Unborn Child Protection Act

Terms Used In South Carolina Code > Title 44 > Chapter 41

  • Abortion: means the use of an instrument, medicine, drug, or other substance or device with intent to terminate the pregnancy of a woman known to be pregnant for reasons other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus. See South Carolina Code 44-41-10
  • Clinic: shall mean any facility other than a hospital as defined in subsection (d) which has been licensed by the Department, and which has also been certified by the Department to be suitable for the performance of abortions. See South Carolina Code 44-41-10
  • Consent: means a signed and witnessed voluntary agreement to the performance of an abortion. See South Carolina Code 44-41-10
  • Council: means the Mining Council created by Sections 48-21-10 and 48-21-20. See South Carolina Code 44-38-40
  • Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 44-38-40
  • Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 44-41-10
  • Exploration: means the act of breaking the surface soil to determine the location, quantity, or quality of a mineral deposit. See South Carolina Code 44-38-40
  • Explorer: means a person engaged in exploration activities, as defined in this section, whether individually, jointly, or through subsidiaries, agents, employees, or contractors. See South Carolina Code 44-38-40
  • First trimester of pregnancy: means the first twelve weeks of pregnancy commencing with conception rather than computed on the basis of the menstrual cycle. See South Carolina Code 44-41-10
  • Hospital: means those institutions licensed for hospital operation by the department in accordance with Article 3, Chapter 7 of this title and which have also been certified by the department to be suitable facilities for the performance of abortions. See South Carolina Code 44-41-10
  • In loco parentis: means any person over the age of eighteen who has placed himself or herself in the position of a lawful parent by assuming obligations which are incidental to the parental relationship and has so served for a period of sixty days. See South Carolina Code 44-41-10
  • Land: includes submerged lands underlying a river, stream, lake, sound, or other body of water and specifically includes, among others, estuarine and tidal lands. See South Carolina Code 44-38-40
  • Medical emergency: means that condition which, on the basis of the physician's good faith judgment, so complicates a pregnancy as to necessitate an immediate abortion to avert the risk of her death or for which a delay will create serious risk of substantial and irreversible impairment of major bodily function. See South Carolina Code 44-41-320
  • Mining: means :

    (a) the breaking of the surface soil to facilitate or accomplish the extraction or removal of ores or mineral solids for sale or processing or consumption in the regular operation of a business;

    (b) removal of overburden lying above natural deposits of ore or mineral solids and removal of the mineral deposits exposed, or by removal of ores or mineral solids from deposits lying exposed in their natural state. See South Carolina Code 44-38-40
  • Minor: means a female under the age of seventeen. See South Carolina Code 44-41-10
  • Operating permit: means a permit for mining activity that is issued to an operator by the department. See South Carolina Code 44-38-40
  • Operator: means a person engaged in mining operations, whether individually, jointly, or through subsidiaries, agents, employees, or contractors. See South Carolina Code 44-38-40
  • Permitted land: means the affected land in addition to (a) lands identified for future mining to become affected land; (b) an undisturbed or buffer area that is or may become adjacent to the affected land. See South Carolina Code 44-38-40
  • Physician: means a person licensed to practice medicine in this State. See South Carolina Code 44-41-10
  • Pregnancy: means the condition of a woman carrying a fetus or embryo within her body as the result of conception. See South Carolina Code 44-41-10
  • Probable gestational age of the embryo or fetus: means what, in the judgment of the attending physician based upon the attending physician's examination and the woman's medical history, is with reasonable probability the gestational age of the embryo or fetus at the time the abortion is planned to be performed. See South Carolina Code 44-41-320
  • Reclamation: means the reasonable rehabilitation of the affected land for useful purposes and the protection of the natural resources of the surrounding area. See South Carolina Code 44-38-40
  • Reclamation plan: means the operator's written proposal as required and approved by the department for reclamation of the affected land, which includes but is not limited to:

    (a) proposed practices to protect adjacent surface resources;

    (b) specifications for surface gradient restoration, including sketches delineating slope angle, to a surface suitable for the proposed subsequent use of the land after reclamation is completed, and the proposed method of accomplishment;

    (c) manner and type of revegetation or other surface treatment of the affected areas;

    (d) method of prevention or elimination of conditions that are hazardous to animal or fish life in or adjacent to the area;

    (e) method of compliance with state air and water pollution laws;

    (f) proposed methods to limit significant adverse effects on adjacent surface water and groundwater resources;

    (g) proposed methods to limit significant adverse effects on significant cultural or historic sites;

    (h) method of rehabilitation of settling ponds;

    (i) method of control of contaminants and disposal of mining refuse;

    (j) method of restoration or establishment of stream channels and stream banks to a condition minimizing erosion, siltation, and other pollution;

    (k) maps and other supporting documents reasonably required by the department; and

    (l) a time schedule, including the anticipated years for completion of reclamation by segments, that meets the requirements of Section 48-20-90. See South Carolina Code 44-38-40
  • Second trimester of pregnancy: means that portion of a pregnancy following the twelfth week and extending through the twenty-fourth week of gestation. See South Carolina Code 44-41-10
  • Termination of mining: means cessation of mining operations or a segment of a mining operation with intent not to resume, or cessation of mining operations or a segment of a mining operation as a result of revocation of an operating permit. See South Carolina Code 44-38-40
  • Third trimester of pregnancy: means that portion of a pregnancy beginning with the twenty-fifth week of gestation. See South Carolina Code 44-41-10
  • Viability: means that stage of human development when the fetus is potentially able to live outside of the mother's womb with or without the aid of artificial life support systems. See South Carolina Code 44-41-10