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 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 of the act. The bill also repeals Section 63-5-370, which relates to consent not subject to disaffirmance. Overall, the legislation emphasizes parental authority in healthcare decisions for minors while outlining specific conditions under which parental consent is required.

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