South Carolina S 242: Parental Right to Dictate Health of Minor

Bill Text

2025-2026 Bill 242 Text of Previous Version (Jan. 16, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 242

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 AMENDING 
SECTION 63-5-340, RELATING TO THE RIGHTS OF MINORS SIXTEEN YEARS OR OLDER TO 
CONSENT TO HEALTH SERVICES ESSENTIAL TO THEIR LIFE OR HEALTH, SO AS TO PROVIDE 
THAT PARENTS HAVE THE FUNDAMENTAL RIGHT TO DIRECT THE UPBRINGING, EDUCATION, 
AND CARE OF THEIR MINOR CHILDREN, TO PROVIDE THESE RIGHTS EXTEND TO HEALTHCARE 
DECISIONS CONCERNING THE MINORS AND ACCESS TO THEIR MEDICAL RECORDS, AND TO 
PROVIDE THE STATE MAY NOT SUBSTANTIALLY BURDEN THESE RIGHTS EXCEPT IN CERTAIN 
CIRCUMSTANCES; BY AMENDING SECTION 63-5-350, RELATING TO HEALTH SERVICES THAT 
MAY BE RENDERED TO MINORS WITHOUT PARENTAL CONSENT, SO AS TO PROVIDE THAT 
HEALTHCARE PROVIDERS MUST OBTAIN PARENTAL CONSENT BEFORE PROCURING, PROVIDING, 
OR RENDERING HEALTHCARE FOR A MINOR EXCEPT IN CERTAIN CIRCUMSTANCES, TO 
PROHIBIT THE ENCOURAGEMENT OR COERCION OF MINORS TO WITHHOLD INFORMATION FROM A 
PARENT ABOUT THE HEALTH OF THE CHILD, TO PROVIDE PARENTS MAY ASSERT PROVISIONS 
OF THIS ACT AS CLAIMS OR DEFENSES IN CERTAIN JUDICIAL OR ADMINISTRATIVE 
PROCEEDINGS SUBJECT TO A STATUTE OF LIMITATIONS, TO PROVIDE REMEDIES, TO 
PROVIDE THE ATTORNEY GENERAL MAY BRING ACTIONS TO ENFORCE PROVISIONS OF THIS 
ACT, AND TO DEFINE NECESSARY TERMS; AND BY REPEALING SECTION 63-5-370 RELATING 
TO CONSENT NOT SUBJECT TO DISAFFIRMANCE.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Section 63-5-340 of the S.C. Code is amended to read:

 Section 
63-5-340. (A) Any minor who has reached the age 
of sixteen years may consent to any health services from a person authorized by 
law to render the particular health service for himself and the consent of no 
other person shall be necessary unless such involves an operation which shall 
be performed only if such is essential to the health or life of such child in 
the opinion of the performing physician and a consultant physician if one is 
available. A parent of a minor has the fundamental 
right to direct the upbringing, education, and care, including healthcare, of 
the minor, which includes:

 (1) the authority to make all 
healthcare decisions and consent to all healthcare on behalf of the minor; and

 (2) all rights to access the minor's 
medical records pursuant to Chapter 115, Title 44.

 (B) The State may not substantially 
burden the fundamental right of a parent to direct the upbringing, education, 
and care of that parent's minor child unless the State demonstrates that 
application of the burden to the parent is in furtherance of a compelling state 
interest and is the least restrictive means of furthering that compelling state 
interest.

SECTION 2. Section 63-5-350 of the S.C. Code is amended to read:

 Section 
63-5-350. Health services of any kind may be rendered to 
minors of any age without the consent of a parent or legal guardian when, in 
the judgment of a person authorized by law to render a particular health 
service, such services are deemed necessary unless such involves an operation 
which shall be performed only if such is essential to the health or life of 
such child in the opinion of the performing physician and a consultant 
physician if one is available.(A) As used in this section:

 (1) "Decision-making authority" means 
the power to make important decisions regarding a child, including decisions 
regarding the child's healthcare.

 (2) "First aid" means the one-time 
treatment of scratches, cuts not requiring stitches, minor burns, splinters, 
and contusions.

 (3) "Healthcare," "healthcare 
provider," and "healthcare professional," have the same meaning as in Section 
44-66-20(1), (2), and (3), respectively.

 (4) "Medical Records" means a record, 
either tangible or electronic, of a patient's medical information such as, but 
not limited to, medical history, care or treatments received, test results, 
diagnoses, and medications taken.

 (5) "Minor" or "Child" means an 
unemancipated individual who has not attained eighteen years of age.

 (6) "Parent" means:

 (a) biological parent, entity, adoptive 
parent, or person with legal custody, excluding an individual whose parental 
relationship to the child has been legally terminated; or

 (b) an individual who has been 
delegated decision-making authority of a child by court order or by a person 
identified in subitem (a).

 (7) "Person" includes, 
but is not limited to, an individual, association, corporation, the State, a 
state agency, a municipality located in this State, or any employee, agent, or 
representative of any such entity.

 (8) "Prehospital care" has the same 
meaning as in Section 44-61-310(10).

 (B) Except as otherwise provided b