South Carolina
2023 South Carolina Code of Laws | Title 44 - Health | Chapter 41 - Abortions
[Source]
Section 44-41-40. Certain hospitals or clinics may refuse to perform abortions.
No private or nongovernmental hospital or clinic shall be required to
admit any patient for the purpose of terminating a pregnancy, nor shall such
institutions be required to permit their facilities to be utilized for the
performance of abortions. No cause of action shall arise against any such
hospital or clinic for refusal to perform or to allow the performance of an
abortion if the institution has adopted a policy not to admit patients for
the purpose of terminating pregnancies; provided, that no hospital or clinic
shall refuse an emergency admittance.
Section 44-41-50. Medical employees not required to aid in abortions; providing necessary aftercare following abortion.
(A) No physician, nurse, technician, medical student, or other employee of a hospital, clinic or physician shall be required to recommend, perform or assist in the performance of an abortion if he advises the hospital, clinic or employing physician in writing that he objects to performing, assisting or otherwise participating in such procedures. Such notice will suffice without specification of the reason therefor.
(B) No physician, nurse, technician, medical student, or other person who refuses to perform or assist in the performance of an abortion shall be liable to any person for damages allegedly arising from such refusal.
(C) No physician, nurse, technician, medical student, or other person who refuses to perform or assist in the performance of an abortion shall because of that refusal be dismissed, suspended, demoted, or otherwise disciplined or discriminated against by the hospital or clinic with which he is affiliated or by which he is employed. A civil action for damages or reinstatement of employment, or both, may be prosecuted by any person whose employment or affiliation with a hospital or clinic has been altered or terminated in violation of this chapter.
(D) Any physician who performs an abortion shall also provide, for proper compensation, necessary aftercare for his patient unless released by the patient in writing. The extent of aftercare required shall be that care customarily provided by physicians in such cases in accordance with accepted medical practice.
Note: Definitions
[SC Code ยง 44-41-10 (2023)]
(a) "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. Such use, prescription, or means is not an abortion if done with the intent to save the life or preserve the health of the unborn child, or to remove a dead unborn child.
(b) "Physician" means a person licensed to practice medicine in this State.
(c) "Department" means the South Carolina Department of Health and Environmental Control.
(d) "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.
(e) "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.
***