South Carolina House Bill H4536

South Carolina 2025-2026 Regular Session

• Introduced: 5/8/25
• Refer: 5/8/25

Caption

Abortion

Impact

The bill's implications extend to the broader legal landscape concerning reproductive rights in South Carolina. Specifically, it would solidify a strict liability regime that could deter the distribution of abortion-inducing drugs. The law aims to limit the circumstances under which individuals or entities can assert defenses against liability in civil actions, potentially leading to increased legal challenges in the realm of reproductive health, and complicating access to abortion-related services, particularly in instances of medical emergencies.

Summary

House Bill 4536 aims to amend the South Carolina Code by enacting the 'Liability for Injuries Caused by Abortion-Inducing Drugs Act.' This legislation introduces a framework for imposing liability on individuals or entities involved in the manufacture, distribution, or provision of abortion-inducing drugs, as well as those who aid or abet these actions. Specifically, the bill defines 'abortion-inducing drugs' and establishes strict liability for wrongful death or injuries resulting from their use, placing significant legal responsibilities on those involved in these processes.

Conclusion

As HB 4536 progresses, it will likely be scrutinized by both supporters and opponents, with implications for civil liability and women's health rights at the forefront of discussions. The outcome will reflect broader societal attitudes towards reproductive health and the legal standards surrounding it in South Carolina.

Contention

Notably, the bill has sparked considerable debate regarding the potential repercussions for healthcare providers, pharmaceutical distributors, and other stakeholders. Critics of HB 4536 express concern that the legislation could undermine access to essential reproductive health services and create an environment of legal uncertainty for medical professionals. Proponents argue it is necessary to protect potential life and ensure accountability for adverse outcomes associated with abortion-inducing drugs, framing the bill as a protective measure rather than an impediment to reproductive rights. Provisions for severability within the bill suggest a legislative intent to maintain its viability even in the face of legal challenges.