South Carolina H 3504: Pregnancy CARE Act
Status: Member(s) request name added as sponsor: C.Mitchell, Oremus, Gibson, Huff, Lawson, Burns (as of 2025-01-28)
State: South Carolina · Session: 2025-2026 · Bill: H 3504
Sponsors: Beach, Burns, C. Mitchell, Edgerton, Gibson, Huff, Lawson, McCravy, Oremus, Rankin
Bill Text
2025-2026 Bill 3504 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online South Carolina General Assembly 126th Session, 2025-2026 Bill 3504 Indicates Matter Stricken Indicates New Matter (Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.) A bill TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "PREGNANCY CENTER AUTONOMY AND RIGHTS OF EXPRESSION (CARE) ACT" BY ADDING CHAPTER 141 TO TITLE 44 SO AS TO PROVIDE PREGNANCY CENTERS CERTAIN PROTECTIONS FROM GOVERNMENT REGULATION TO ENSURE THEIR ABILITY TO PROVIDE SERVICES CONSISTENT WITH THEIR LIFE-AFFIRMING OPERATING PRINCIPLES; TO CREATE A PRIVATE RIGHT OF ACTION FOR EQUITABLE RELIEF AND MONETARY DAMAGES FOR VIOLATION OF A PROVISION OF THE CHAPTER; AND FOR OTHER PURPOSES. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. This act may be cited as the "Pregnancy Center Autonomy and Rights of Expression (CARE) Act." SECTION 2. The General Assembly finds all of the following: (1) The life-affirming impact of pregnancy centers on the women, men, children, and the communities they serve is considerable and growing. (2) Pregnancy centers serve women in South Carolina and across the United States with integrity and compassion. (3) Pregnancy centers provide comprehensive care to women and men facing unexpected pregnancies, including resources to meet their physical, psychological, emotional, and spiritual needs. (4) Pregnancy centers offer women free, confidential, and compassionate services, which can include pregnancy tests, peer counseling, twenty-four-hour telephone hotlines, childbirth and parenting classes, referrals to community healthcare, adoption referrals, and other support services. (5) Many medical pregnancy centers offer ultrasounds and other medical services. (6) Pregnancy centers encourage women to make positive life choices by equipping them with complete and accurate information regarding their pregnancy options and the development of their unborn children. (7) Pregnancy centers provide important support and resources for women who choose childbirth over abortion. SECTION 3. Title 44 of the S.C. Code is amended by adding: CHAPTER 141 Pregnancy Center Autonomy and Rights of Expression (CARE) Act Section 44-141-10. As used in this chapter: (1)(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 and for the purpose of ensuring the death of her unborn child. Such use, prescription, or means is not an "abortion" if done with the intent to: (i) save the life or preserve the health of the unborn child; (ii) remove a dead unborn child caused by miscarriage; (iii) remove an ectopic pregnancy; or (iv) perform a pre-viability separation procedure when such procedure is, in reasonable medical judgement, necessary to save or preserve the life of the pregnant woman. (b) For the purposes of this definition: (i) "Miscarriage" means a spontaneous loss of the unborn child. (ii) "Ectopic pregnancy" means the state of carrying an unborn child outside of the uterine cavity. (iii) "Pre-viability separation procedure" means a medical procedure performed by a physician to remove an unborn child from his or her mother's uterine cavity before that stage of fetal development when, in the reasonable medical judgement of the physician based on the particular facts of the case before him or her and in light of the most advanced medical technology and information available to him or her, there is a reasonable likelihood of sustained survival of the unborn child outside the body of his or her mother, with or without artificial support. The term does not include an "abortion" as defined in subitem (a). (2) "Abortion-inducing drug" means any medicine, drug, or any other substance prescribed or dispensed with the intent of terminating the clinically diagnosable pregnancy of a woman and for the purpose of ensuring the death of the unborn child, and includes the off-label use of drugs known to have abortion-inducing properties, which are prescribed specifically with the intent of causing an abortion. This definition does not apply to drugs that may be known to cause an abortion, but which are prescribed for other medical indications. (3) "Contraception" means the use of any natural or artificial means to prevent the fertilization of a human ovum. (4) "Pregnancy center" means a private nonprofit organization that promotes childbirth and alternatives to abortion and provides women, children, and families with resources, counseling, classes, referrals, and/or information related to pregnancy, childbearing, adoption, and parenting. A "medical pregnancy center" may also provide medical testing, counseling, and care related
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