§ 44-41-410 Short title
§ 44-41-420 Legislative findings
§ 44-41-430 Definitions
§ 44-41-440 Determination of probable post-fertilization age of unborn child
§ 44-41-450 Abortion prohibited when probable post-fertilization age of unborn child is twenty or more weeks; exceptions
§ 44-41-460 Report of abortion performed pursuant to Section 44-41-450; patient privacy; department to issue public report; late fee for failure of facility to report; regulations
§ 44-41-470 Penalties for noncompliance with Sections 44-41-440 and 44-41-450
§ 44-41-480 Construction against implicit repeal of existing law
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Terms Used In South Carolina Code > Title 44 > Chapter 41 > Article 5 - South Carolina Pain-Capable Unborn Child Protection Act

  • 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
  • Consent: means a signed and witnessed voluntary agreement to the performance of an abortion. See South Carolina Code 44-41-10
  • Conviction: A judgement of guilt against a criminal defendant.
  • Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 44-41-10
  • 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.
  • 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.
  • Physician: means a person licensed to practice medicine in this State. See South Carolina Code 44-41-10
  • 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
  • Statute: A law passed by a legislature.
  • 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