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SC H3638

Bill

Status

Introduced

1/14/2025

Primary Sponsor

Marvin Smith

Click for details

Origin

House of Representatives

126th General Assembly

AI Summary

  • Establishes that parents have a fundamental right to direct the upbringing, education, and care of their minor children, including all healthcare decisions and access to medical records

  • Requires healthcare providers to obtain parental consent before providing healthcare to minors, with exceptions for emergencies, prehospital care, first aid, and prenatal/delivery care for minors 14 and older

  • Prohibits any person (except law enforcement) from encouraging or coercing minors to withhold health-related information from parents, or from withholding such information from parents themselves

  • Allows parents to sue for violations with a 3-year statute of limitations, recover compensatory damages, attorneys' fees, and up to $100,000 in noneconomic damages (unlimited if defendant was grossly negligent or committed fraud)

  • Repeals existing Section 63-5-370 regarding consent not subject to disaffirmance and eliminates the previous provision allowing minors 16 and older to consent to their own health services

Legislative Description

Parental rights

Last Action

Member(s) request name added as sponsor: Chapman

4/9/2025

Committee Referrals

Medical, Military, Public and Municipal Affairs12/12/2024

Full Bill Text

No bill text available