View Amendment Current Amendment: 18 to Bill 5399

Reps. Caskey and W. Newton propose the following Amendment No. to H. 5399 (COUNCIL\VR\5399C032.CC.VR22):

Reference is to the bill as introduced.

Amend the bill, as and if amended, SECTION 3, by striking Section 44-41-830(A) and inserting:

/ Section 44-41-830.(A) It is not a violation of Section 44-41-820 for a licensed physician to perform a medical procedure necessary in reasonable medical judgment to prevent:

(1) the death of the pregnant woman;

(2) a substantial risk of death for the pregnant woman because of a physical condition;

(3) the substantial physical impairment of a major bodily function of the pregnant woman, not including psychological or emotional conditions ; or

(4) a lethal fetal abnormality meaning a profound and irremediable congenital or chromosomal anomaly that, with or without the provision of life-preserving treatment, would be incompatible with sustaining life after birth as certified by a licensed South Carolina physician. It is presumed that the following medical conditions constitute a lethal fetal abnormality: Anencephaly or acrania, hydranencephaly, alobar holoprosencephaly, bilateral renal agenesis, triploidy, achondrogenesis, thanatophoric dysplasia, lethal multiple pterygium syndrome. The enumeration of the medical conditions in this item is not intended to exclude or abrogate other conditions that satisfy the exclusions of this item or prevent other procedures that are not included in the definition of abortion in Section 44-41-810.

However, the physician shall make reasonable medical efforts under the circumstances to preserve the life of the pregnant woman's unborn child when performing a medical procedure on the mother pursuant to item (1), (2), or (3), to the extent it does not substantially risk the death or physical impairment of a major bodily function of the pregnant woman, not including psychological or emotional conditions and in a manner consistent with reasonable medical practice. A medical procedure shall not be considered necessary if based on a claim or diagnosis that a woman will engage in conduct that she intends to result in her death or in a substantial physical impairment of a major bodily function. /