South Carolina Abortion Complication Reporting Act (S 283)

S 283 would require a hospital, licensed health facility, or individual physician’s office to file with the department a written report concerning each woman who comes under the care of the hospital, licensed health facility, or individual physician’s office due to a complication, or a woman who requires medical treatment or dies when the attending physician or hospital or facility staff has reason to believe the circumstance is a primary, secondary, or tertiary result of an abortion.

The report would need to be completed by the facility, signed by the attending physician, and transmitted to the department within seven days of the discharge or death of the woman receiving care.

Each report would need to include the following:

• the age and race of the woman;
• the woman’s state and county of residence;
• the date the abortion was performed or induced, as well as the reason for the abortion and the method used, if known;
• identification of the physician who performed or induced the abortion, the facility where the abortion was performed or induced, and the referring physician, agency, or service, if known;
• the specific complication that led to the treatment; and
• the amount billed for treatment of the complication, including whether the treatment was billed to Medicaid, insurance, the individual receiving the treatment, or otherwise.

The department would be required to annually prepare a comprehensive report based upon data compiled from reports.

The department would also need to summarize aggregate data from the reports required and submit it to the United States Centers for Disease Control and Prevention for the purpose of inclusion in the annual Vital Statistics Report.

The original reports filed are not public records and are not exempt from disclosure under Chapter 4, Title 30, the Freedom of Information Act. Although, they may be disclosed to law enforcement officials pursuant to an order of a court of competent jurisdiction.

Related Legislation

Based on model legislation drafted by Americans United for Life.

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People

Organizations

• Americans United for Life — Drafted Model Law