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

• 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
• 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 44-41-10
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Allegation: something that someone says happened.
• Allowable costs: means costs to a disposal site operator of operating a regional disposal facility. See South Carolina Code 48-46-30
• Amortization: Paying off a loan by regular installments.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Applicant: means any person who files an application for a permit under the provisions of this chapter. See South Carolina Code 48-39-10
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Atlantic Compact: means the Northeast Interstate Low-Level Radioactive Waste Management Compact as defined in the "Omnibus Low-Level Radioactive Waste Compact Consent Act of 1985" Public Law 99-240, Title II. See South Carolina Code 48-46-30
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Beach renourishment: means the artificial establishment and periodic renourishment of a beach with sand that is compatible with the existing beach in a way so as to create a dry sand beach at all stages of the tide, as described in § 48-39-270, to include where considered appropriate and necessary by the office, groin construction and maintenance to extend the life of such projects. See South Carolina Code 48-40-20
• Beaches: means those lands subject to periodic inundation by tidal and wave action so that no nonlittoral vegetation is established. See South Carolina Code 48-39-10
• Board: means the board of the department. See South Carolina Code 48-39-10
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• 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
• Clinically diagnosable pregnancy: means the point in time when it is possible to determine that a woman is pregnant due to the detectible presence of human chorionic gonadotropin (hCG). See South Carolina Code 44-41-610
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• compact commission: means the governing body of the Atlantic Compact, consisting of voting members appointed by the governors of Connecticut, New Jersey, and South Carolina. See South Carolina Code 48-46-30
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conception: means fertilization of an ovum by sperm. See South Carolina Code 44-41-610
• Conception: means the fertilization of an ovum by a sperm. 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
• Contraceptive: means a drug, device, or chemical that prevents ovulation, conception, or the implantation of a fertilized ovum in a woman's uterine wall after conception. See South Carolina Code 44-41-610
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decommissioning trust fund: means the trust fund established pursuant to a Trust Agreement dated March 4, 1981, among Chem-Nuclear Systems, Inc. See South Carolina Code 48-46-30
• 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 44-41-10
• Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 48-39-10
• Dependent: A person dependent for support upon another.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Disposal rates: means the price paid by customers of a regional disposal facility for disposal of waste, including any price schedule or breakdown of the price into discrete elements or cost components. See South Carolina Code 48-46-30
• Division: means the Coastal Division of the South Carolina Department of Health and Environmental Control. See South Carolina Code 48-39-10
• Emergency: means any unusual incident resulting from natural or unnatural causes which endanger the health, safety, or resources of the residents of the State, including damages or erosion to any beach or shore resulting from a hurricane, storm, or other such violent disturbance. See South Carolina Code 48-39-10
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Extended care maintenance fund: means the "escrow fund for perpetual care" that is used for custodial, surveillance, and maintenance costs during the period of institutional control and any post-closure observation period specified by the Department of Health and Environmental Control and for activities associated with closure of the site as provided for in § 13-7-30(4). See South Carolina Code 48-46-30
• Facility operator: means a public or private organization, corporation, or agency that operates a regional disposal facility in South Carolina. See South Carolina Code 48-46-30
• 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
• Fetal heartbeat: means cardiac activity, or the steady and repetitive rhythmic contraction of the fetal heart, within the gestational sac. See South Carolina Code 44-41-610
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• General partner: means a person who has been admitted to a limited partnership as a general partner in accordance with the partnership agreement and named in the certificate of limited partnership as a general partner. See South Carolina Code 33-42-20
• Generator: means a person, organization, institution, private corporation, and government agency that produces Class A, B, or C radioactive waste. See South Carolina Code 48-46-30
• Gestational age: means the age of an unborn child as calculated from the first day of the last menstrual period of a pregnant woman. See South Carolina Code 44-41-610
• Gestational sac: means the structure that comprises the extraembryonic membranes that envelop the unborn child and that is typically visible by ultrasound after the fourth week of pregnancy. See South Carolina Code 44-41-610
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• 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
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Maintenance: means active maintenance activities as specified by the Department of Health and Environmental Control, including pumping and treatment of groundwater and the repair and replacement of disposal unit covers. See South Carolina Code 48-46-30
• 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
• Medical emergency: means in reasonable medical judgment, a condition exists that has complicated the pregnant woman's medical condition and necessitates an abortion to prevent death or serious risk of a substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. See South Carolina Code 44-41-610
• Minor: means a female under the age of seventeen. See South Carolina Code 44-41-10
• Nonregional generator: means a waste generator who produces waste within a state that is not a member of the Atlantic Compact, whether or not this waste is sent to facilities located within the Atlantic Compact region for purposes of consolidation, treatment, or processing for disposal. See South Carolina Code 48-46-30
• Nonregional waste: means waste produced by a nonregional generator. See South Carolina Code 48-46-30
• Oath: A promise to tell the truth.
• Office: means the Office of Ocean and Coastal Resource Management of the Department of Health and Environment Control. See South Carolina Code 48-40-20
• Office: means the Office of Regulatory Staff. See South Carolina Code 48-46-30
• Partner: means a limited or general partner. See South Carolina Code 33-42-20
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Partnership agreement: means any valid agreement, written or oral, of the partners as to the affairs of a limited partnership and the conduct of its business. See South Carolina Code 33-42-20
• Person: means any individual, organization, association, partnership, business trust, estate trust, corporation, public or municipal corporation, county, local government unit, public or private authority and shall include the State of South Carolina, its political subdivisions and all its departments, boards, bureaus or other agencies, unless specifically exempted by this chapter. See South Carolina Code 48-39-10
• Person: means an individual, corporation, business enterprise, or other legal entity, either public or private, and expressly includes states. See South Carolina Code 48-46-30
• Physician: means a person licensed to practice medicine in this State. See South Carolina Code 44-41-610
• Physician: means a person licensed to practice medicine in this State. See South Carolina Code 44-41-10
• Plaintiff: The person who files the complaint in a civil lawsuit.
• 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
• 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 44-41-10
• Price schedule: means disposal rates. See South Carolina Code 48-46-30
• Primary oceanfront sand dune: means the dune or dunes that constitute the front row of dunes adjacent to the Atlantic Ocean. See South Carolina Code 48-39-10
• PSC: means the South Carolina Public Service Commission. See South Carolina Code 48-46-30
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Reasonable medical judgment: means a medical judgment that would be made by a reasonably prudent physician who is knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved. See South Carolina Code 44-41-610
• Receipts: means the total amount of money collected by the site operator for waste disposal over a given period of time. See South Carolina Code 48-46-30
• Regional disposal facility: means a disposal facility that has been designated or accepted by the Atlantic Compact Commission as a regional disposal facility. See South Carolina Code 48-46-30
• Regional generator: means a waste generator who produces waste within the Atlantic Compact, whether or not this waste is sent to facilities outside the Atlantic Compact region for purposes of consolidation, treatment, or processing for disposal. See South Carolina Code 48-46-30
• Regional waste: means waste generated within a member state of the Atlantic Compact. See South Carolina Code 48-46-30
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Site operator: means a facility operator. See South Carolina Code 48-46-30
• Statute: A law passed by a legislature.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trust fund: means the South Carolina Beach Restoration and Improvement Trust Fund. See South Carolina Code 48-40-20
• Unborn child: means an individual organism of the species homo sapiens from conception until live birth. See South Carolina Code 44-41-610
• Waste: means Class A, B, or C low-level radioactive waste, as defined in Title I of Public Law 99-240 and Department of Health and Environmental Control Regulation 61-63, 7. See South Carolina Code 48-46-30