2023 South Carolina Code of Laws
Title 44 - Health
Chapter 41 - Abortions
Section 44-41-50. Medical employees not required to aid in abortions; providing necessary aftercare following abortion.

Universal Citation: SC Code § 44-41-50 (2023)

(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.

HISTORY: 1962 Code Section 32-685; 1974 (58) 2837; 2022 Act No. 235 (H.4776), Section 3, eff June 17, 2022.

Effect of Amendment

2022 Act No. 235, Section 3, redesignated (a) to (d) as (A) to (D), and in (A), (B), and (C), inserted ", medical student," following "technician".

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