Targeted Regulation of Abortion Providers (TRAP)

South Carolina imposes a variety of burdensome requirements on abortion providers that are not imposed on other health care providers, including:

Restrictions on Where Abortions May Be Performed

Among the most common TRAP regulations are those restricting the performance of abortions to hospitals or other specialized facilities, which place medically unnecessary and costly requirements on doctors and can decrease the availability of abortion care for women. South Carolina has such regulations, including:

Any provider that performs any 2nd trimester or five or more 1st trimester (including non-surgical) abortions in a month must be licensed as an abortion clinic. S.C. Code Ann. §§ 44-7-130 (22), 44-41-75 (Enacted 1995); 61-12 S.C. Code Ann. Regs. 101B, 102A. Providers who perform abortions beyond 18 weeks and up to 26 weeks must additionally become licensed as ambulatory surgical centers. 61-12 S.C. Code Ann. Regs. 302.

All licensed facilities are subject to inspection at any time, and "inspectors shall have access to all properties and areas, objects, records and reports, and shall have the authority to make photocopies of those documents required in the course of inspections or investigations." 61-12 S.C. Code Ann. Regs. 102 (F). There are no provisions that protect the privacy and/or confidentiality of the patients.

"Abortion clinics" are subject to more than 30 pages (including more than 40 sub-sections) of regulations regarding administration, professional qualifications, patient and employee testing, and physical plant specifications. 61-12 S.C. Code Ann. Regs. 202 - 205, 304, 305, 309, 401A, 605, 606, 806, 807A-L. Regulations include many requirements that are not medically-related, such as: "All outside areas, grounds and/or adjacent buildings shall be kept free of rubbish, grass, and weeds...;" garbage cans stored outside must be cleaned immediately after being emptied; air temperature must be maintained at between 72 and 76 degrees in "patient areas;" and parking facility requirements. 61-12 S.C. Code Ann. Regs. 605B, 605C, 606, 806, 807L(1).

The requirements are in addition to local and state codes, standards, and ordinances, as well as standard building, plumbing, electrical, and mechanical codes with which the clinics must comply. 61-12 S.C. Code Ann. Regs. 802.

An appellate court held that the regulations are constitutional. Greenville Women's Clinic v. Bryant, 222 F.3d 157 (4th Cir. 2000), cert. denied, 531 U.S. 1191 (2001). With one exception concerning the privacy of patient records, the district court on remand upheld the constitutionality of the regulations after considering additional constitutional challenges. The appellate court again upheld the constitutionality of the regulations, but reversed the district court's finding that allowing state inspectors access to clinic records violated patients' right to privacy. Greenville Women's Clinic v. Bryant, No. 6:96-1898-20 (D. S.C. Aug. 31, 2001), aff'd in part, rev'd in part, 317 F.3d 357 (4th Cir. 2002), cert. denied, 538 U.S. 1008 (2003).

South Carolina requires that second trimester abortions be performed in a hospital or state-certified clinic, and that third trimester abortions be performed in a hospital. S.C. Code Ann. § 44-41-20 (Enacted 1974).

Restrictions on Who May Perform Abortions

South Carolina prohibits certain qualified health care professionals from performing abortions.

Only a physician licensed to practice medicine in the state may perform an abortion. S.C. Code Ann. §§ 44-41-10(b), -20 (Enacted 1974).