S 242

South Carolina General Assembly
126th Session, 2025-2026
Bill 242
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
A bill
TO 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.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  Section 63-5-340 of the S.C. Code is amended to read:
    Section
63-5-340.  (A) Any minor who has reached the age
of sixteen years may consent to any health services from a person authorized by
law to render the particular health service for himself and the consent of no
other person shall be necessary unless such involves an operation which shall
be performed only if such is essential to the health or life of such child in
the opinion of the performing physician and a consultant physician if one is
available. A parent of a minor has the fundamental
right to direct the upbringing, education, and care, including healthcare, of
the minor, which includes:
       (1) the authority to make all
healthcare decisions and consent to all healthcare on behalf of the minor; and
       (2) all rights to access the minor's
medical records pursuant to Chapter 115, Title 44.
    (B) The State may not substantially
burden the fundamental right of a parent to direct the upbringing, education,
and care of that parent's minor child unless the State demonstrates that
application of the burden to the parent is in furtherance of a compelling state
interest and is the least restrictive means of furthering that compelling state
interest.
SECTION 2.  Section 63-5-350 of the S.C. Code is amended to read:
    Section
63-5-350.  Health services of any kind may be rendered to
minors of any age without the consent of a parent or legal guardian when, in
the judgment of a person authorized by law to render a particular health
service, such services are deemed necessary unless such involves an operation
which shall be performed only if such is essential to the health or life of
such child in the opinion of the performing physician and a consultant
physician if one is available.(A) As used in this section:
       (1) "Decision-making authority" means
the power to make important decisions regarding a child, including decisions
regarding the child's healthcare.
       (2) "First aid" means the one-time
treatment of scratches, cuts not requiring stitches, minor burns, splinters,
and contusions.
       (3) "Healthcare," "healthcare
provider," and "healthcare professional," have the same meaning as in Section
44-66-20(1), (2), and (3), respectively.
       (4) "Medical Records" means a record,
either tangible or electronic, of a patient's medical information such as, but
not limited to, medical history, care or treatments received, test results,
diagnoses, and medications taken.
       (5) "Minor" or "Child" means an
unemancipated individual who has not attained eighteen years of age.
       (6) "Parent" means:
  (a) biological parent, entity, adoptive
parent, or person with legal custody, excluding an individual whose parental
relationship to the child has been legally terminated; or
  (b) an individual who has been
delegated decision-making authority of a child by court order or by a person
identified in subitem (a).
       (7) "Person" includes,
but is not limited to, an individual, association, corporation, the State, a
state agency, a municipality located in this State, or any employee, agent, or
representative of any such entity.
       (8) "Prehospital care" has the same
meaning as in Section 44-61-310(10).
    (B) Except as otherwise provided by
law, this section, or court order, a person or healthcare provider must obtain
the consent of a minor's parent before procuring, providing a referral for, or
rendering healthcare to the minor.
    (C) Subsection (B) does not apply when:
       (1) a parent of the minor has provided
prior consent authorizing the person or entity to perform an activity listed in
subsection (B);
       (2) it has been reasonably determined
by a healthcare provider that an emergency exists and either of the following
conditions is true:
  (a) it is necessary to perform an
activity listed in subsection (B) in order to prevent death or imminent,
irreparable physical injury to the minor, or
  (b) a parent of the child cannot be
located or contacted after a good faith effort;
       (3) a healthcare provider or healthcare
professional renders prehospital care to a minor;
       (4) a person renders emergency care at
the scene of an accident or emergency pursuant to Section 15-1-310;
       (5) a healthcare provider, for the
purpose of providing appropriate prenatal care, delivery, neonatal or postnatal
care, renders healthcare to a child who has attained fourteen years of age; or
       (6) a person renders first aid to a
minor.
    (D) This section does not authorize or
allow a parent to abuse or neglect a child as defined in Section 63-7-20(6).
This section does not apply to a parental action or decision that would end
life. The provisions of this section do not apply to Chapter 41, Title 44. This
section does not prohibit a court from issuing an order that is otherwise
permitted by law.
    (E) No person, except for authorized
law enforcement officers or agents, may encourage or coerce a minor to withhold
information from the minor's parent, nor may any person withhold from a minor's
parent information that is relevant to the physical, emotional, or mental
health of the minor.
    (F) A parent may assert a violation of
this section or Section 63-5-340 as a claim or defense in a judicial or
administrative proceeding and obtain compensatory damages, injunctive relief,
declaratory relief, attorneys' fees, court costs, and any other appropriate
relief.
       (1) A parent is required to bring a
claim for a violation of this section no later than three years after the day
the cause of action accrues.
       (2) An award of noneconomic damages may
not exceed one hundred thousand dollars for each claimant unless the jury or
court determines that the defendant was grossly negligent, wilful, wanton, or
reckless, and such conduct was the proximate cause of the claimant's
noneconomic damages, or if the defendant has engaged in fraud or
misrepresentation related to the claim, or if the defendant altered or
destroyed medical records with the purpose of avoiding a claim or liability to
the claimant.
       (3) The provisions of this section do
not limit the amount of compensation for economic damages suffered by a
claimant.
    (G) The Attorney General may bring an
action to enforce compliance with this section. Nothing in this section may be
construed to deny, impair, or otherwise affect any right or authority of the
Attorney General, the State, or any agency, officer, or employee of the State
to institute or intervene in any proceeding.
SECTION 3.  Section
63-5-370 of the S.C. Code is repealed.
SECTION 4.  This act takes effect upon approval
by the Governor.
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This web page was last updated on January 16, 2025 at 11:37 AM