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 also defining key terms and outlining exceptions to these prohibitions. The legislation allows for qui tam actions, enabling private individuals to sue on behalf of the state for violations, and specifies that certain entities, such as internet service providers, are not liable for protected speech or conduct. It clarifies that the law does not apply to pregnant women seeking abortions or to the provision of abortion-inducing drugs for non-abortion-related medical purposes.
Additionally, the bill establishes specific provisions regarding the enforcement of qui tam actions, including the stipulation that no court may apply the law of another state unless required by federal law or the South Carolina Constitution. It declares any conflicting contractual provisions void and sets specific venues for these actions, requiring written consent for venue transfers. The bill also emphasizes the state's sovereign immunity against challenges to the article's provisions, ensuring that if any part is deemed unconstitutional, the remaining provisions will still be valid. Furthermore, it allows for the recovery of costs and attorney's fees for parties prevailing in actions against the enforcement of abortion-related laws, thereby reinforcing state authority over abortion regulations.