H 5448

South Carolina General Assembly
126th Session, 2025-2026
Bill 5448
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 ADDING CHAPTER 23 TO TITLE 63 SO AS TO ESTABLISH
STANDARDS AFFIRMING AND PROTECTING THE RIGHTS OF PARENTS, GUARDIANS, AND LOVED
ONES TO BE PRESENT WHEN THEIR CHILD IS UNDERGOING A MEDICAL PROCEDURE OR
RECEIVING DRIVING INSTRUCTION, TO ALLOW PENALTIES FOR VIOLATION OF THE
PROVISIONS OF THIS CHAPTER, TO CREATE A CIVIL RIGHT OF ACTION, AND FOR OTHER
PURPOSES.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  Title 63 of the S.C. Code is amended by adding:
CHAPTER 23
Parental Right to Be Present
    Section
63-23-10.  For purposes of this chapter:
    (1)
"Anesthesia" means general, local, or twilight sedation administered for
medical or surgical purposes.
    (2)
"Driving instruction" means any formal lesson or examination related to
obtaining a driver's license.
    (3)
"Instructor" means any state-licensed driving instructor or examiner.
    (4)
"Loved one" means a legal guardian, spouse, friend, family member, domestic
partner, or family member with power of attorney or medical authority.
    (5)
"Medical facility" means hospitals, clinics, surgical centers, and any licensed
practice providing medical, dental, or surgical procedures.
    (6)
"Minor" means any individual under the age of eighteen.
    Section
63-23-20.  (A) All licensed medical
facilities must allow at least one parent or legal guardian to be present for
all medical procedures, tests, surgeries, and treatments involving a minor,
unless the parent voluntarily waives this right in writing.
    (B)
Parents or legal guardians have the right to observe, through physical presence
any procedure in which their child is under anesthesia, to ensure the safety of
the minor.
    (C)
Facilities must make reasonable accommodations to allow such observation
without interfering with medical procedures or patient safety.
    Section
63-23-30.  (A) Any patient,
regardless of age, undergoing anesthesia has the right to designate a loved one
to be present for monitoring during procedures and in postanesthesia recovery.
    (B)
Facilities must make reasonable accommodations to allow observation without
interfering with medical procedures or patient safety.
    Section
63-23-40.  (A) A parent or legal
guardian has the right to be present in the back seat during any driving lesson
or official driving test taken by their minor child.
    (B)
All driving schools must obtain appropriate insurance coverage and use properly
equipped vehicles to allow for the safe transport of a third-party observer
during instruction or testing.
    (C)
Driving instructors may not deny or penalize students for exercising this
right.
    Section
63-23-50.  (A) Any facility or
institution found to be in violation of this chapter is subject to fines,
license review, or other regulatory actions as determined by the appropriate
state licensing boards.
    (B)
Individuals denied these rights may file a grievance with the relevant
regulatory or civil rights authority.
    Section
63-23-60.  (A) All facilities,
institutions, and providers named in this chapter including, but not limited
to, medical facilities and driving schools bear full responsibility for making
the necessary accommodations to ensure compliance with the rights outlined in this
chapter.
    (B)
Failure to proactively implement policies, equipment, staffing, or insurance
coverage required to uphold these rights constitutes a violation of this
chapter.
    Section
63-23-70.  (A) No company, business,
facility, institution, organization, or agent thereof shall separate a parent
or legal guardian from their minor child during any procedure, test, lesson,
examination, medical treatment, or recovery period, without:
       (1)
the explicit, informed, and voluntary consent of the parent or guardian; or
       (2)
a clear and documented medical, legal, or safety-based justification,
consistent with applicable laws and best practices.
    (B)
Under no circumstances shall a parent be removed or denied access to their
child for the convenience of staff, scheduling, or policy reasons alone.
SECTION 2.  This act takes effect upon approval
by the Governor.
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This web page was last updated on March 26, 2026 at 12:21 PM