The bill H. 3638 aims to amend the South Carolina Code of Laws regarding the rights of parents in directing the upbringing, education, and healthcare of their minor children. It specifically amends Section 63-5-340 to establish that parents have the fundamental right to make healthcare decisions for their children and access their medical records. Additionally, it states that the state cannot impose substantial burdens on these parental rights unless it demonstrates a compelling state interest. The bill also modifies Section 63-5-350 to require healthcare providers to obtain parental consent before providing healthcare to minors, with certain exceptions for emergencies and specific circumstances.

Furthermore, the bill prohibits the 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 introduces provisions for remedies, including compensatory damages and attorney fees, and empowers the Attorney General to enforce compliance with these regulations. Notably, Section 63-5-370, which relates to consent not subject to disaffirmance, is repealed as part of this legislative change.

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