The bill H. 4538, known as the "Protections from Abortion-Inducing Drugs Act," seeks to amend the South Carolina Code of Laws by adding Article 8 to Chapter 41, Title 44. It prohibits the manufacturing, possession, distribution, and other related activities concerning abortion-inducing drugs within the state, while allowing for certain exceptions, such as in medical emergencies or for non-abortion-related medical purposes. The legislation establishes a framework for qui tam actions, enabling private individuals to sue on behalf of the state for violations, thereby limiting the state's direct enforcement capabilities. It also provides defenses for individuals accused of violations, including ignorance of the law and protections for specific healthcare providers.

Additionally, the bill introduces provisions related to qui tam actions under Section 44-41-830, specifying legal frameworks and limitations, such as prohibiting the application of laws from other jurisdictions unless required by federal law or the South Carolina Constitution. It declares any contractual provisions that attempt to enforce laws from different jurisdictions as void against public policy and outlines the venues for filing qui tam actions. The bill emphasizes that enforcement can only occur through these private lawsuits, grants sovereign immunity to the state against legal challenges to the article's validity, and includes a severability clause to maintain the remaining provisions if any part is found unconstitutional. Overall, the legislation aims to restrict access to abortion-inducing drugs while creating a robust enforcement mechanism through private lawsuits.