South Carolina Pain-Capable Unborn Child Protection Act 2015 (S 130)
This law was last updated on Nov 19, 2018
S 130 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 is 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 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 a compelling state interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain.”
Informed Consent Provision
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. The bill states that these materials must 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.