§ 44-41-380 — Severability of provisions of article.

South Carolina § 44-41-380

• Jurisdiction: South Carolina
• Title 44: HEALTH
• Ch. 41: ABORTIONS

Text

If any provision, word, phrase, or clause of Article 3, Chapter 41, Title 44 of the 1976 Code, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the provisions, words, phrases, clauses, or applications of Article 3, Chapter 41, Title 44 which can be given effect without the invalid provision, word, phrase, clause, or application, and, to this end, the provisions, words, phrases, and clauses of Article 3, Chapter 41, Title 44 are declared to be severable.

Legislative History

HISTORY: 1995 Act No. 1, SECTION 10; 2010 Act No. 268, SECTION 4, eff June 24, 2010. ARTICLE 5 South Carolina Pain-Capable Unborn Child Protection Act [Repealed] Editor's Note 2023 Act No. 70, SECTION 13.B, provides as follows: "[SECTION 13.]B. Article 5, Chapter 41, Title 44 of the S.C. Code is repealed. However, if some or all of the provisions contained in SECTION 2 of this act are ever temporarily or permanently restrained or enjoined by judicial order, or are held to be unconstitutional or invalid, then all of the provisions of Article 5, Chapter 41, Title 44 are reenacted retroactively to the date the judicial order either temporarily or permanently restraining or enjoining some or all of the provisions contained in SECTION 2 or declaring some or all of the provisions contained in SECTION 2 unconstitutional or invalid is entered." SECTIONS 44-41-410 to 44-41-480. Repealed. HISTORY: Former Section 44-41-410, titled Short title, had the following history: 2016 Act No. 183 (H.3114), SECTION 1, eff May 25, 2016. Repealed by 2023 Act No. 70, SECTION 13.B, eff May 25, 2023. HISTORY: Former Section 44-41-420, titled Legislative findings, had the following history: 2016 Act No. 183 (H.3114), SECTION 1, eff May 25, 2016. Repealed by 2023 Act No. 70, SECTION 13.B, eff May 25, 2023. HISTORY: Former Section 44-41-430, titled Definitions, had the following history: 2016 Act No. 183 (H.3114), SECTION 1, eff May 25, 2016. Repealed by 2023 Act No. 70, SECTION 13.B, eff May 25, 2023. HISTORY: Former Section 44-41-440, titled Determination of probable post-fertilization age of unborn child, had the following history: 2016 Act No. 183 (H.3114), SECTION 1, eff May 25, 2016. Repealed by 2023 Act No. 70, SECTION 13.B, eff May 25, 2023. HISTORY: Former Section 44-41-450, titled Abortion prohibited when probable post-fertilization age of unborn child is twenty or more weeks; exceptions, had the following history: 2016 Act No. 183 (H.3114), SECTION 1, eff May 25, 2016. Repealed by 2023 Act No. 70, SECTION 13.B, eff May 25, 2023. HISTORY: Former Section 44-41-460, titled Report of abortion performed pursuant to Section 44-41-450; patient privacy; department to issue public report; late fee for failure of facility to report; regulations, had the following history: 2016 Act No. 183 (H.3114), SECTION 1, eff May 25, 2016; 2021 Act No. 1 (S.1), SECTION 4, eff February 18, 2021. Repealed by 2023 Act No. 70, SECTION 13.B, eff May 25, 2023. HISTORY: Former Section 44-41-470, titled Penalties for noncompliance with Sections 44-41-440 and 44-41-450, had the following history: 2016 Act No. 183 (H.3114), SECTION 1, eff May 25, 2016. Repealed by 2023 Act No. 70, SECTION 13.B, eff May 25, 2023. HISTORY: Former Section 44-41-480, titled Construction against implicit repeal of existing law, had the following history: 2016 Act No. 183 (H.3114), SECTION 1, eff May 25, 2016. Repealed by 2023 Act No. 70, SECTION 13.B, eff May 25, 2023. Editor's Note 2023 Act No. 70, SECTION 13.B, provides as follows: "[SECTION 13.]B. Article 5, Chapter 41, Title 44 of the S.C. Code is repealed. However, if some or all of the provisions contained in SECTION 2 of this act are ever temporarily or permanently restrained or enjoined by judicial order, or are held to be unconstitutional or invalid, then all of the provisions of Article 5, Chapter 41, Title 44 are reenacted retroactively to the date the judicial order either temporarily or permanently restraining or enjoining some or all of the provisions contained in SECTION 2 or declaring some or all of the provisions contained in SECTION 2 unconstitutional or invalid is entered." ARTICLE 6 Fetal Heartbeat and Protection from Abortion Editor's Note 2021 Act No. 1, SECTION 1, provides as follows: "SECTION 1. This act shall be known and may be cited as the 'South Carolina Fetal Heartbeat and Protection from Abortion Act'."