South Carolina Pain-Capable Unborn Child Protection Act (S 626)
This law was last updated on Mar 5, 2014
S 626 would have required that prior to performing an abortion, a physician or allied health professional working in conjunction with a physician determine the probable post-conception age of the fetus or embryo.
The bill would have banned abortions if the probable post-conception age of the fetus or embryo is determined to be twenty or more weeks. The bill defines “post-conception age” to mean “the age of a fetus or embryo as calculated from the conception.”
The ban would not have applied in cases of a medical emergency or if the pregnancy was the result of rape or incest.
A violation of this provision would have resulted in the revocation of the medical license of the physician performing or inducing the abortion.
The bill would have required the Department of Health to develop plainly worded written materials designed to inform the woman of the pain capabilities of embryos and fetuses which would have been required to be provided to the woman in the same manner as the written material required by South Carolina’s informed consent law, Section 44-41-330.
The bill includes legislative findings based on junk science that a fetus can feel pain at 20 weeks.
The bill states that the purpose of the 20-week ban is to “assert, and protect by narrowly tailored means, separate and distinct compelling state interests in this chapter; protecting lives of viable unborn children and protecting the lives of unborn children from the state of development at which substantial medical evidence indicates that they are capable of feeling pain.”
Similar to H 4223.