The bill H. 3638 seeks to amend the South Carolina Code of Laws regarding the rights of parents in relation to the healthcare decisions of their minor children. It establishes that parents have the fundamental right to direct the upbringing, education, and care of their minor children, which includes making healthcare decisions and accessing their medical records. The bill also stipulates that the state cannot substantially burden these parental rights unless it demonstrates a compelling state interest. Additionally, it requires healthcare providers to obtain parental consent before providing healthcare services to minors, with certain exceptions for emergencies and specific circumstances.

Furthermore, the bill prohibits any encouragement or coercion of minors to withhold health-related information from their parents and allows parents to assert claims or defenses in judicial or administrative proceedings if their rights are violated. It provides for remedies, including compensatory damages and the ability for the Attorney General to enforce compliance with the provisions. The bill also repeals Section 63-5-370, which relates to consent not subject to disaffirmance. Overall, the legislation aims to strengthen parental rights in healthcare decisions for minors while outlining specific conditions under which these rights may be limited.

Statutes affected:
12/12/2024: 63-5-340, 63-5-350, 63-5-370
Latest Version: 63-5-340, 63-5-350, 63-5-370