South Carolina H 4538: Abortion

Bill Text

2025-2026 Bill 4538 Text of Previous Version (May. 08, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4538

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 
"PROTECTIONS FROM ABORTION-INDUCING DRUGS ACT" BY ADDING ARTICLE 8 TO CHAPTER 
41, TITLE 44 SO AS TO PROHIBIT THE MANUFACTURING, POSSESSION, DISTRIBUTION, MAILING, 
TRANSPORTING, DELIVERING, OR PROVIDING OF ABORTION-INDUCING DRUGS IN THIS STATE 
OR ENGAGING IN CONDUCT THAT WOULD MAKE A PERSON AN ACCOMPLICE TO THE PROHIBITED 
CONDUCT, WITH EXCEPTIONS; TO DEFINE TERMS; TO AUTHORIZE QUI TAM ACTIONS FOR 
VIOLATION OF THE PROVISIONS OF THE ARTICLE; AND FOR OTHER PURPOSES.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Chapter 41, Title 44 of the S.C. Code is amended by 
adding:

Article 8

Protections From Abortion-Inducing Drugs

 Section 
44-41-810. As used in this article:

 (1) 
"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. Such use, prescription, or means is not an abortion if done with the 
intent to save the life or preserve the health of the unborn child, or to 
remove a dead unborn child.

 (2) 
"Abortion-inducing drugs" includes any drug, medicine, or any other substance, 
including a regimen of two or more drugs, medicines, or substances, that is 
prescribed, dispensed, or administered with the intent of terminating a 
clinically diagnosable pregnancy of a woman and with knowledge that the 
termination will, with reasonable likelihood, cause the death of the woman's 
unborn child. The term includes off-label use of drugs, medicines, or other 
substances known to have abortion-inducing properties that are prescribed, 
dispensed, or administered with the intent of causing an abortion, including 
the mifeprex regimen, mifepristone, misoprostol (Cytotec), and methotrexate. 
The term does not include:

 (a) 
Plan B, morning-after pills, intrauterine devices, or any other type of 
contraception or emergency contraception;

 (b) 
a drug, medicine, or other substance that may be known to cause an abortion but 
is prescribed, dispensed, or administered solely for reasons that do not 
include abortion, such as misoprostol that is prescribed, dispensed, or 
administered for the purpose of treating stomach ulcers; or

 (c) 
a drug, medicine, or other substance that is prescribed by a licensed physician 
to perform or induce an abortion in response to a medical emergency.

 (3) 
"Abortion fund" means a person, corporation, organization, government or 
governmental subdivision or agency, business trust, estate, trust, partnership, 
association, or any other legal entity that exists for the purpose of aiding or 
abetting elective abortions, and that pays for, reimburses, or subsidizes in 
any way the costs associated with obtaining an elective abortion.

 (4) 
"Abortion provider" means a person, corporation, organization, government or 
governmental subdivision or agency, business trust, estate, trust, partnership, 
association, or any other legal entity that performs elective abortions.

 (5) 
"Affiliate" means a person or entity who enters into with another person or 
entity a legal relationship created or governed by at least one written 
instrument, including a certificate of formation, a franchise agreement, 
standards of affiliation, bylaws, or a license, that demonstrates:

 (a) 
common ownership, management, or control between the parties to the 
relationship;

 (b) 
a franchise granted by the person or entity to the affiliate; or

 (c) 
the granting or extension of a license or other agreement authorizing the 
affiliate to use the other person's or entity's brand name, trademark, service 
mark, or other registered identification mark.

 (6) 
"Elective abortion" means any abortion other than those performed or induced in 
response to a medical emergency by a licensed physician.

 (7) 
"Fertilization" means the fusion of a human spermatozoon with a human ovum.

 (8) 
"Governmental entity" means this State, a state agency in the executive, 
judicial, or legislative branch of state government, or a political subdivision 
of this State.

 (9) 
"Human being" means an individual member of the species Homo sapiens at any 
stage of development beginning at fertilization.

 (10) 
"Interactive computer service" means any information service, system, or access 
software provider that provides or enables computer access by multiple users to 
a computer server, including specifically a service or system that provides 
access to the inte