summary
Introduced
01/16/2025
01/16/2025
In Committee
01/16/2025
01/16/2025
Crossed Over
Passed
Dead
Introduced Session
126th General Assembly
Bill Summary
Amend The South Carolina Code Of Laws By Amending Section 63-5-340, Relating To The Rights Of Minors Sixteen Years Or Older To Consent To Health Services Essential To Their Life Or Health, So As To Provide That Parents Have The Fundamental Right To Direct The Upbringing, Education, And Care Of Their Minor Children, To Provide These Rights Extend To Healthcare Decisions Concerning The Minors And Access To Their Medical Records, And To Provide The State May Not Substantially Burden These Rights Except In Certain Circumstances; By Amending Section 63-5-350, Relating To Health Services That May Be Rendered To Minors Without Parental Consent, So As To Provide That Healthcare Providers Must Obtain Parental Consent Before Procuring, Providing, Or Rendering Healthcare For A Minor Except In Certain Circumstances, To Prohibit The Encouragement Or Coercion Of Minors To Withhold Information From A Parent About The Health Of The Child, To Provide Parents May Assert Provisions Of This Act As Claims Or Defenses In Certain Judicial Or Administrative Proceedings Subject To A Statute Of Limitations, To Provide Remedies, To Provide The Attorney General May Bring Actions To Enforce Provisions Of This Act, And To Define Necessary Terms; And By Repealing Section 63-5-370 Relating To Consent Not Subject To Disaffirmance.
AI Summary
This bill amends South Carolina law to strengthen parental rights in healthcare decisions for minors, establishing that parents have a fundamental right to direct their child's healthcare and access their medical records. Specifically, the bill requires healthcare providers to obtain parental consent before treating a minor, with limited exceptions such as emergency medical situations, prehospital care, first aid, and certain prenatal or postnatal care for minors 14 and older. The legislation prohibits anyone from encouraging a minor to withhold medical information from their parents and defines key terms like "healthcare," "parent," and "minor." Parents are granted the ability to bring legal claims for violations of these provisions, with potential remedies including compensatory damages, injunctive relief, and attorneys' fees. The bill also stipulates that the state cannot substantially burden parental rights unless it can demonstrate a compelling state interest and uses the least restrictive means to achieve that interest. The Attorney General is empowered to enforce compliance with these new provisions, and the law will take effect upon the Governor's approval.
Committee Categories
Military Affairs and Security
Sponsors (3)
Last Action
Referred to Committee on Family and Veterans' Services (on 01/16/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.scstatehouse.gov/billsearch.php?billnumbers=0242&session=126&summary=B |
| BillText | https://www.scstatehouse.gov/sess126_2025-2026/prever/242_20250116.htm |
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