S 862

South Carolina General Assembly
126th Session, 2025-2026
Bill 862
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
Indicates Matter
Stricken
Indicates New Matter
As Passed By The Senate
March 31, 2026
S. 862
Introduced
by Senators Tedder, Elliott, Devine and Sutton
S. Printed 3/31/26--S.
Read the first time January 28, 2026
________
A bill
TO AMEND THE SOUTH
CAROLINA CODE OF LAWS BY ADDING SECTION 44-17-412 SO AS TO ALLOW PARENTS TO
MAKE CERTAIN HEALTHCARE DECISIONS FOR CHILDREN OVER THE AGE OF EIGHTEEN IF THE
CHILD QUALIFIES AS A DEPENDENT ON AND IS COVERED BY THE PARENTS' HEALTH
INSURANCE.
    Amend Title To Conform
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  Article 5, Chapter 17, Title 44 of the S.C. Code is
amended by adding:
    Section
44-17-412. (A) Notwithstanding any
other provision of law, a person listed in priority order pursuant to
subsection (C) may exercise temporary decision-making authority for a period
not exceeding forty-eight hours in regards to the matter of involuntary
temporary commitment on behalf of an unmarried adult during a verified medical
or behavioral health crisis when the conditions in subsection (B) are
satisfied.
    (B)
Temporary authority pursuant to this section applies only when:
       (1)
a licensed physician determines that the adult is experiencing a medical or
behavioral health crisis and is temporarily unable to make informed decisions
regarding his care or safety; and
       (2)
the person listed in priority order pursuant to subsection (C) is physically
present with the adult during the crisis intervention or treatment.
    (C)
When the receiving or treatment facility selects a person to exercise temporary
decision-making authority under this section, first preference shall be given
to a legally appointed guardian or an appointed agent authorized to act under a
durable or health care power of attorney. If the unmarried adult patient has
not previously selected such an agent or the medical facility is not presented
with written proof of such guardian or appointed agent, then the selection,
except for good cause documented in the patient's clinical record, shall be
made from the following list in the order of listing:
       (1)
a parent of the adult patient; or
       (2)
the adult child of the adult patient.
    (D)
Authority granted pursuant to this section is limited to decisions necessary to
address the immediate crisis and may not extend beyond forty-eight hours from
the time of the physician's written determination unless a new determination is
made by a licensed physician. If a subsequent determination is made by the
original licensed physician, the determination must be reviewed and confirmed
by a second licensed physician who independently reaches the same
determination.
    (E)
Nothing in this section authorizes the person exercising temporary
decision-making authority to exercise ongoing guardianship authority unless the
person acting is the legally appointed guardian in fact or to override a valid
advance directive executed by the adult individual.
    (F)
The procedure outlined herein for the initial forty-eight hours is an emergency
alternative to that outlined in Section 44-17-410. After the initial
forty-eight hours, the procedure under Section 44-17-410 must be followed.
SECTION 2.  This act takes effect upon approval
by the Governor.
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This web page was last updated on March 31, 2026 at 04:16 PM