The bill S. 242 aims to amend the South Carolina Code of Laws regarding the rights of parents in making healthcare decisions for 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 impose substantial burdens on 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 specific exceptions for emergencies and certain healthcare situations.

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 a previous section of the law related to consent not subject to disaffirmance, streamlining the legal framework surrounding parental rights in healthcare decisions for minors.

Statutes affected:
01/16/2025: 63-5-340, 63-5-350, 63-5-370
Latest Version: 63-5-340, 63-5-350, 63-5-370