Gov. Henry McMaster Signs Six-Week Abortion Ban into Law

Governor Henry McMaster today was joined by members of the General Assembly and others to sign S. 474, a six-week abortion ban, into law.

The act prohibits abortions after electrical activity from the embryo is detected (usually around six weeks of pregnancy), with exceptions for the life or health of the pregnant patient, medical emergencies, fatal fetal anomalies, and, up to twelve weeks of pregnancy, in cases of rape or incest.

The act states that a physician who performs or induces an abortion based on the exceptions of rape or incest, must report the allegation of rape or incest to the sheriff in the county in which the abortion was performed. The report must include the name and contact information of the pregnant patient making the allegation. A physician who violates this section can be found guilty of a felony and, upon conviction, must be fined $10,000, imprisoned for not more than two years, or both.

An abortion provider who is to perform or induce an abortion (for any reason) is required to perform an obstetric ultrasound. During the performance of the ultrasound, they can display the ultrasound images to the patient. In addition, the patient must be informed of “the nature and risks of undergoing or not undergoing the proposed procedure that a reasonable patient would consider material to making a knowing and willful decision of whether to have an abortion; the probable gestational age of the unborn child, verified by an ultrasound, at the time the abortion is to be performed; the presence of the unborn child’s fetal heartbeat, if present and viewable.” An abortion may not be performed sooner than sixty minutes following completion of the ultrasound. The patient has a right to decline to view and hear the explanation of the live ultrasound images after she is informed of her right and offered an opportunity to view the images and hear the explanation. If the patient declines, they have to complete a form acknowledging that they were offered an opportunity to view and hear the explanation of the images but that they declined that opportunity.

The Act is effective immediately. However, a legal challenge is expected. Vicki Ringer, the director of public affairs for Planned Parenthood South Atlantic, told the Associated Press on Tuesday evening that her organization would “file a request for a temporary restraining order after Gov. McMaster signs the measure.”

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