South Carolina Bill Regarding Medication Abortion Restrictions (S 34)
This law was last updated on Nov 19, 2018
S 34 would prohibit dispensing abortion-inducing drugs by anyone other than a physician and would require that the administration of the drugs follow FDA protocols as outlined on the final printed label of the abortion-inducing drug. The physician would have been required to provide a copy of the drug’s label to the pregnant woman.
The bill would require that the physician dispensing the drug first examine the pregnant woman and document, in the woman’s medical chart, the gestational age and intrauterine location of the pregnancy prior to dispensing the abortion-inducing drug. The bill does not specify that the examination must be in person, although that is implied. This bill is likely, therefore, a telemedicine ban.
The physician dispensing the drug would be required to have a signed contract with a physician who agrees to handle complications and would be required to provide a signed contract upon request of the pregnant woman or the Department of Health.
Admitting Privileges/Transfer Agreeement Requirement
The physician would also be required to provide the pregnant woman with the name and telephone number of the position who will be handling emergencies, and the hospital at which any emergencies will be handled. The physician contracted to handle emergencies would be required to maintain active admitting privileges and gynecological and surgical privileges at the hospital designated to handle any emergencies associated with the use of the abortion-inducing drug.
The bill also would have required the physician to schedule a follow-up visit 14 days after the administration or use of the drug. The physician would have been required to make a reasonable effort to ensure that the woman returns for the follow-up visit and to document such efforts by including in the woman’s medical record the date, time, and name of the person making the effort.
The bill would have required physicians to report adverse events after a medication abortion to the FDA through the MedWatch Reporting System and to the State Medical Board not later than three days following the physician’s knowledge of the adverse event third day after the date the physician learns of the occurrence.
A violation of the provision would be a felony and subject the offender to a prison term of not less than two nor more than five years or a fine of not more than five thousand dollars, or both.
The provisions of this bill would not apply to any woman upon whom an abortion has been attempted or performed.