Parental Rights

2025-2026 Bill 4757: Parental Rights - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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Indicates Matter Stricken
Indicates New Matter
H. 4757
STATUS INFORMATION
General Bill
Sponsors: Reps. Pope, Erickson, Davis, M.M. Smith, Bailey, Bradley, Brewer, Caskey, Crawford, Duncan, Forrest, Gagnon, Gatch, Gilliam, Guest, Haddon, Hardee, Hartnett, Hartz, Herbkersman, Hewitt, Hiott, Hixon, Holman, Lawson, Ligon, Long, Lowe, Martin, McCravy, McGinnis, C. Mitchell, T. Moore, B. Newton, W. Newton, Oremus, Pedalino, Robbins, Schuessler, Sessions, G.M. Smith, Taylor, Teeple, Vaughan, Whitmire, Wickensimer, Willis, Wooten, Yow, Chumley, Edgerton, Magnuson, Terribile, Kilmartin, White, Sanders, D. Mitchell, Cromer, Gilreath, Guffey, Lastinger, Chapman and Bowers
Companion/Similar bill(s): 243, 840, 3011, 3118
Document Path: LC-0558WAB26.docx
Introduced in the House on January 13, 2026
Introduced in the Senate on February 24, 2026
Last Amended on February 18, 2026

Currently residing in the Senate Committee on
Education
Summary: Parental Rights
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

12/16/2025

House

Prefiled

12/16/2025

House

Referred to Committee on
Medical, Military, Public and Municipal Affairs

1/13/2026

House

Introduced and read first time (
House Journal-page 80
)

1/13/2026

House

Referred to Committee on
Medical, Military, Public and Municipal Affairs
(
House Journal-page 80
)

1/14/2026

House

Member(s) request name added as sponsor: White,
Sanders

1/15/2026

House

Member(s) request name added as sponsor: D.
Mitchell, Cromer

1/20/2026

House

Member(s) request name added as sponsor: Gilreath

1/21/2026

House

Member(s) request name added as sponsor: Guffey,
Lastinger

2/10/2026

House

Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs
(
House Journal-page 2
)

2/11/2026

House

Member(s) request name added as sponsor: Chapman

2/11/2026

House

Requests for debate-Rep(s). Hewitt, Hiott, Davis,
Harris, Edgerton, White, Kilmartin, Brittain,
Jones, Guest, Crawford, Hosey (
House Journal-page 17
)

2/11/2026

Scrivener's error corrected

2/12/2026

House

Member(s) request name added as sponsor: Bowers

2/12/2026

Scrivener's error corrected

2/18/2026

House

Amended (
House Journal-page 25
)

2/18/2026

House

Read second time (
House Journal-page 25
)

2/18/2026

House

Roll call Yeas-116 Nays-1 (
House Journal-page 40
)

2/19/2026

Scrivener's error corrected

2/19/2026

House

Read third time and sent to Senate (
House Journal-page 33
)

2/19/2026

House

Roll call Yeas-105 Nays-1 (
House Journal-page 34
)

2/24/2026

Senate

Introduced and read first time (
Senate Journal-page 7
)

2/24/2026

Senate

Referred to Committee on
Education
(
Senate Journal-page 7
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
12/17/2025
02/10/2026
02/11/2026
02/12/2026
02/18/2026
02/19/2026

Indicates Matter Stricken

Indicates New Matter

Amended

February 18, 2026

H. 4757

Introduced by Reps. Pope, Erickson, Davis, M. M.
Smith, Bailey, Bradley, Brewer, Caskey, Crawford, Duncan, Forrest, Gagnon,
Gatch, Gilliam, Guest, Haddon, Hardee, Hartnett, Hartz, Herbkersman, Hewitt,
Hiott, Hixon, Holman, Lawson, Ligon, Long, Lowe, Martin, McCravy, McGinnis, C.
Mitchell, T. Moore, B. Newton, W. Newton, Oremus, Pedalino, Robbins,
Schuessler, Sessions, G. M. Smith, Taylor, Teeple, Vaughan, Whitmire,
Wickensimer, Willis, Wooten, Yow, Chumley, Edgerton, Magnuson, Terribile,
Kilmartin, White, Sanders, D. Mitchell, Cromer, Gilreath, Guffey, Lastinger,
Chapman and Bowers

S. Printed 2/18/26--H. [SEC
2/19/2026 10:50 AM]

Read the first time January 13, 2026

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE
"PARENTAL RIGHTS ACT" BY ADDING ARTICLE 3 TO CHAPTER 28, TITLE 59, TO AFFIRM
AND ENUMERATE THE FUNDAMENTAL RIGHTS OF PARENTS TO DIRECT THE UPBRINGING,
EDUCATION, HEALTHCARE, AND GENERAL WELFARE OF THEIR CHILDREN, TO REQUIRE THE
STATE BOARD OF EDUCATION TO ADOPT MINIMUM STANDARDS TO IMPLEMENT PARENTAL
RIGHTS AND A RELATED MODEL PARENTAL RIGHTS POLICY, TO PROVIDE LOCAL EDUCATION
AGENCIES SHALL ADOPT AND IMPLEMENT RELATED POLICIES, TO ESTABLISH ADMINISTRATIVE
PROCEDURES FOR THE INVESTIGATION AND RESOLUTION OF ALLEGED VIOLATIONS, TO
PROVIDE FOR A LIMITED PRIVATE CAUSE OF ACTION UPON EXHAUSTION OF ADMINISTRATIVE
REMEDIES, AND TO DEFINE NECESSARY TERMS, AMONG OTHER THINGS; BY AMENDING
SECTION
63-5-340
, RELATING TO MINOR CONSENT FOR HEALTH SERVICES, SO AS TO
CLARIFY, STRENGTHEN, AND EXPAND REQUIREMENTS FOR PARENTAL CONSENT FOR
NONEMERGENCY MEDICAL TREATMENT OF MINORS, TO PROVIDE PROCEDURES AND REMEDIES
FOR VIOLATIONS ALLEGED BY PARENTS, AND TO DEFINE NECESSARY TERMS, AMONG OTHER
THINGS; BY REPEALING SECTION
63-5-350
RELATING TO FURNISHING HEALTH SERVICES TO
MINORS WITHOUT PARENTAL CONSENT; BY DESIGNATING THE EXISTING PROVISIONS OF
CHAPTER 28, TITLE 59 AS "GENERAL PROVISIONS"; AND BY REPEALING SECTION
63-5-370

RELATING TO CERTAIN CONSENT NOT BEING SUBJECT TO DISAFFIRMANCE.

Amend Title To Conform

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
This act may be cited as the "Parental Rights Act."

S
ECTION 2.
C
hapter 28, Title 59 of the S.C. Code is amended by
adding:

A
rticle 3

P
arental Rights in Education

S
ection
59-28-310
.
F
or the purposes of this article:

(
1)
"Child" means an unemancipated individual who has not attained eighteen years
of age.

(
2)
"Curriculum" includes all textbooks, handouts, videos, software,
questionnaires, surveys, or other written or electronic materials used to
instruct students in a class or course.

(
3)
"Decision-making authority" means the power granted by the State to a nonparent
to make important decisions regarding a child, including decisions regarding
the child's education, religious training, healthcare, extracurricular
activities, and travel.

(
4)
"Educational records" means all data and information about a child in the
possession or control of an LEA or any employee or agent of an LEA including,
but not limited to, attendance records, test scores of assessments, screeners,
and any other test administered by the school and statewide assessments,
grades, extracurricular activity or club participation, email accounts, online
or virtual accounts or data, disciplinary records, counseling records,
psychological records, applications for admission, medical records,
immunization information, teacher and counselor evaluations of a child, and
reports of behavioral patterns.

(
5)
"Local Education Agency" or "LEA" means a local education agency, to include
the sponsor of a public charter school pursuant to Section
59-40-40
, and the:

(
a)
Governor's School for the Arts and Humanities;

(
b)
Governor's School for Agriculture at John de la Howe;

(
c)
Special School of Science and Mathematics, also referred to as the Governor's
School for Science and Mathematics;

(
d)
Wil Lou Gray Opportunity School; and

(
e)
South Carolina School for the Deaf and the Blind.

(
6)
"Parent" means

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

(
7)
"State" means the State of South Carolina, any school district in this State,
to include charter authorizers, and any political subdivision of the State and
includes a branch, department, agency, board, commission, instrumentality,
entity, or officer, employee, official of the State, school district, or a
political subdivision of the State, or any other person acting under color of
law.

S
ection
59-28-320
.
(
A) The liberty of a
parent to the care, custody, and control of the parent's child, including the
right to direct the upbringing, education, healthcare, and mental health of the
child, is a fundamental right.

(
B)The
State shall not substantially burden the fundamental rights of a parent under
this article unless the State demonstrates that the burden, as applied to the
parent and the child, is in furtherance of a compelling state interest and is
the least restrictive means of furthering that compelling state interest.

(
C)
All parental rights are exclusively reserved to the parent of a child without
obstruction by or interference from the State including, without limitation,
the following rights and responsibilities:

(
1)
directing the upbringing of the child;

(
2)
directing the moral or religious training of the child;

(
3)
making and consenting to all physical and mental healthcare decisions for the
child;

(
4)
accessing and reviewing all health and medical records of the child;

(
5)
directing the education of the child, including the right to choose public,
private, religious, or home schools, and the right to make reasonable choices
within public schools for the education of the child;

(
6)
accessing and reviewing all written and electronic educational records relating
to the child that are controlled by or in possession of an LEA;

(
7)
having the child excused from school attendance for religious purposes,
including to attend released time class for religious instruction as provided
in Section
59-1-460
and
59-39-112
, provided students who are excused must make
up the class time missed pursuant to district policies;

(
8)
participating in parent-teacher organizations or school organizations that are
sanctioned by the school district;

(
9)
being notified promptly if an employee of the State reasonably believes that
abuse, neglect, exploitation, or any criminal offense has been committed
against the child by someone other than the parent, unless doing so would
interfere with a criminal or Department of Social Services investigation;

(
10)
consenting before the collection, storing, or sharing of any individual
biometric data, including data generated by automatic measurements of an
individual's biological characteristics, such as a fingerprint, voiceprint, eye
retina or iris, or other unique biological pattern or characteristic, that is
used to identify a specific individual. Biometric data does not include:

(
a)
a physical or digital photograph, a video or audio recording, or data generated
from the recording, or information collected, used, or stored for healthcare
treatment, payment, or operations under the Health Insurance Portability and
Accountability Act of 1996 (HIPAA), 42 U.S.C. Section 1320d, et seq.;

(
b)
data or information collected, used, or stored for law enforcement purposes;
and

(
c)
data, information, or diagnostic results collected in the course of a
non-invasive and non-chemically assisted vision or hearing screening;

(
11)
to consent before any record of the child's blood or deoxyribonucleic acid
(DNA) is created, stored, or shared, unless authorized by law or pursuant to a
court order; and

(
12)
to consent before any governmental entity makes a video or voice recording of
the child, unless the video or voice recording is made during or as a part of:

(
a)
a court proceeding;

(
b)
a law enforcement investigation;

(
c)
a forensic interview in a criminal or Department of Social Services
investigation;

(
d)
the security or surveillance of buildings or grounds;

(
e)
a photo identification card;

(
f)
classroom instruction or assessment activities that are accessible exclusively
by the teacher, student, and parents of students in the class; or

(
g)
a public event where there is no reasonable expectation of privacy.

(
D)
This section does not:

(
1)
authorize or allow a parent to abuse or neglect a child as defined in Section
63-7-20
;

(
2)
apply to a parental action or decision that would end life;

(
3)
apply to Chapter 41, Title 44;

(
4)
prohibit a court from issuing an order that is otherwise permitted by law;

(
5)
prevent the Department of Social Services or other law enforcement entity from
conducting an investigation or otherwise carrying out its responsibilities
under state law and consistent with this section; and

(
6)
apply to a non-invasive and non-chemically assisted vision or hearing screening
or vision exam offered on the site of a Title 1 public school to the students
attending the school, provided the services are rendered as part of a
not-for-profit program, as defined in Section
40-37-320
, and provided the LEA
provides the parent of the minor appropriate notice and provides the parent
with an opportunity to withhold consent to these services.

(
E)
The provisions of this section may not be construed to amend or otherwise alter
mandatory reporting statutes found in Subarticle 1, Article 3, Chapter 7, Title
63.

(
F) A
parent shall be presumed to have provided consent when:

(
1)
a parent of the minor has given express written consent authorizing the person
or entity to perform an activity listed in subsection (C);

(
2)
a government entity or any other person reasonably relies in good faith on an
individual's representations that the individual is the parent of a minor or
has otherwise been granted authority to make decisions regarding a minor's care
under state law; and

(
3)
a person, including a law enforcement officer, participates or assists in
rendering emergency care pursuant to Section
15-1-310
.

(
G)
(
1) An employee of this State, except
for authorized law enforcement officers or agents, in the performance of their
duties shall not:

(
a)
encourage or coerce a child to withhold information from the child's parent;

(
b)
withhold from a child's parent information that relates to the child's
education or is relevant to the physical, emotional, or mental health of the
child, including any request by a child to be treated in a manner that is
inconsistent with his or her sex; or

(
2)
The provisions of this subsection nor related provisions require disclosure to
a parent when such disclosure would reasonably interfere with an active child
abuse or neglect investigation by DSS or law enforcement.

(
3)
if the employee is an official or staff at a public school, engage in conduct
in violation of Section
59-32-36
(A).

(
H)
An individual may exercise decision-making authority over a child if granted
such authority by the child's parent, or by a court of order or state law,
provided that such court order or state law does not obstruct or interfere with
the parents' rights under this article.

(
I)
Notwithstanding another provision of this article, if a mandated reporter makes
a mandatory report of suspected abuse or neglect and the parent or guardian is
the alleged subject of that report, consent for testing directly related to the
alleged harm may be obtained through DSS or court authorization without
requiring consent from the alleged perpetrator.

S
ection
59-28-330
.
T
he State Board of Education shall:

(
1)
adopt minimum standards to implement parental rights that must include the
parental rights policies for LEA's; and

(
2)
adopt a model parental rights policy that complies with the minimum standards
established pursuant to item (1) and must be publicly available and posted on
the department's website.

S
ection
59-28-340
.
(
A) Each LEA governing
board, in consultation with parents, teachers, and administrators, shall
develop and adopt a parental rights policy to promote the involvement of
parents of children enrolled in the LEA, including:

(
1)
the minimum standards required by Section
59-28-330
(1), provided the LEA that
adopts the State Board's model policy is presumed to be compliant with the
requirements of this item;

(
2)
a plan to improve parental involvement and parent-teacher cooperation in areas
such as homework, attendance, and discipline;

(
3)
clear procedures allowing parents to learn about their child's course of study
and review all curriculum and teacher-training materials, including the right
to:

(
a)
review all curriculum and teacher-training materials for any class in which the

parent's child is enrolled or is considering
enrolling, either through online posting or in-person inspection during regular
hours or by appointment, and without cost;

(
b)
copy or record such materials at cost if not posted online; and

(
c)
meet with a teacher, principal, or designated school representative to discuss
the materials;
(
4) procedures
enabling parents to learn the nature and purpose of approved clubs and
extracurricular activities and withdraw their child from any activity to which
they object;

(
5)
procedures requiring at least five days' notice to, and affirmative consent
from, a parent before the child attends any instruction or presentation that
has the goal or purpose of studying, exploring, or informing students about
gender roles or stereotypes, gender identity, gender expression, or sexual
orientation; and

(
6)
allowing parents to withdraw their child from any specific instruction or
presentation the parent deems harmful, including materials or activities that
conflict with the parents' beliefs or practices regarding sex, morality, or
religion.

(
B) A
parent is entitled to access all written or electronic educational records, as
defined in Section
59-28-310
, concerning the parent's child that are held by
the LEA, any LEA employee, or any person or organization contracted or
authorized to provide services to students.

(
C)
Nothing in this section prevents an LEA from adopting additional parent
protections consistent with this chapter and the minimum standards established
by the State Board of Education.

S
ection
59-28-350
.
(
A) As provided in this
section, a parent alleging a violation of this article by an LEA may seek
relief through administrative channels before the LEA governing body and the State
Board of Education as provided in subsections (B) and (C). After exhausting all
of these administrative remedies, the parent may bring a private civil cause of
action in circuit court. The statute of limitations for a private civil cause
of action is tolled until all of these administrative remedies are exhausted.

(
B)
(
1) Each LEA shall establish a
designee to receive and investigate complaints under this section. To initiate
a complaint, a parent must file a written complaint with the governing board of
the LEA.

(
2)
The complaint must include:

(
a)
the name of the school, district, or provider alleged to have violated this
article;

(
b)
a description of the alleged violation;

(
c)
the facts supporting the claim;

(
d)
a statement by the complainant verifying that he has made a good faith effort
to communicate with the principal or individual alleged to have violated this
article and resolve the matter; and

(
e)
any documentation the parent wishes the LEA to consider.

(
3)
Within seven calendar days of receiving the complaint, the designee shall
attempt to meet with the parent, gather relevant information, and make a
specific finding as to whether a violation occurred.

(
4)
Within thirty calendar days after receiving the complaint, the designee shall
submit its finding, a recommended response, and any proposed remedial steps to
the LEA governing board for action at the board's next regularly scheduled
meeting. These remedial steps may include:

(
a)
compliance with the requirements of this article;

(
b)
revision of policies or procedures;

(
c)
staff training; or

(
d)
other lawful action the committee deems necessary to remedy the violation.

(
5)
If the designee determines that the alleged conduct does not constitute a
violation, the LEA governing body shall notify the parent in writing.

(
C)
If the LEA does not remedy the complaint through its final administrative
action, the parent may appeal to the State Board of Education pursuant to the
Administrative Procedures Act. The State Board shall review the matter under
its established procedures and issue a written final decision within fifteen
business days. If the State Board determines that a violation has occurred, the
State Board may issue a remedial order requiring corrective action including,
but not limited to:

(
1)
compliance with the requirements of this article;

(
2)
revision of policies or procedures;

(
3)
staff training; or

(
4)
other lawful action deemed necessary to remedy the violation.

(
D) The
Attorney General may conduct independent investigations of alleged violations
of this article and bring actions to enforce the provisions of this article.
Nothing in this article limits the authority of the Attorney General to
institute or intervene in any proceeding.

(
E)
(
1) After all available administrative
remedies described in subsections (B) and (C) have been fully exhausted, a
parent may bring a private cause of action in circuit court against the LEA and
may recover declaratory relief, injunctive relief, liquidated damages of five
thousand dollars per violation, and reasonable attorney's fees and costs.

(
2)
The circuit court shall dismiss any action filed before exhaustion of
administrative remedies as required in this subsection unless the parent
demonstrates that immediate judicial relief is necessary to prevent imminent
irreparable harm to the parent's child.

(
3)
A claim must be filed within three years after it accrues, with the limitations
period tolled only during administrative proceedings initiated in good faith.

(
4)
A claimant may recover noneconomic damages only if the claimant proves, by
clear and convincing evidence, that the defendant's conduct was intentional or
wilful and wanton and any noneconomic damages shall not exceed one hundred
thousand dollars.

(
5)
An employee of a local education agency including a teacher, administrator, or
other school staff member, acting within the scope of his official duties,
shall not be personally liable in a civil action for conduct undertaken in good
faith compliance with this article. Any claim arising out of an employee
described in item (5) when acting within the scope of official duties, shall be
governed exclusively by the provisions of the South Carolina Tort Claims Act
pursuant to Chapter 78, Title 15, and the State or political subdivision shall
be substituted as the proper party defendant as provided by law.

(
6)
Any claim arising from an act or omission of an employee described in item (5)
when acting within the scope of official duties, shall be governed exclusively
by the provisions of the South Carolina Tort Claims Act pursuant to Chapter 78,
Title 15, and the State or political subdivision shall be substituted as the
proper party defendant as provided by law.

(
7)
If an employee is found by either the local board or State Board, by clear and
convincing evidence, to have violated the rights of a parent as provided for in
Section
59-28-320
, the LEA shall initiate dismissal of the employee consistent
with the procedures in Section
59-25-460
and, for certified employees, take the
steps necessary for suspension or revocation of a certificate under Section
59-25-160
.

(
8)
Nothing in this section shall be construed to provide immunity for conduct that
constitutes actual malice, intent to harm, fraud, or a crime involving moral
turpitude.

(
F)
The Attorney General may bring an action to enforce this section. Nothing
herein limits the authority of the Attorney General, the State, or any state
agency or officer to institute or intervene in any proceeding.

(
G)
Only a parent as defined in Section
59-28-310
(6) has standing to initiate a
complaint or private cause of action under this article. A parent may be
represented by legal counsel in any phase of this process in this article.

(
H) A
parent alleging a violation of this article by the State other than an LEA, or
a violation of Section
63-5-340
, may seek relief through administrative
channels through the Office of the Attorney General first, then, after
exhausting the administrative remedies provided herein, a parent may bring a
private civil cause of action in circuit court alleging a violation of this
article or Section
63-5-340
.

(
1)
Before filing a civil action under this article, a parent shall first submit a
written complaint to the Attorney General alleging a violation of this article
or Section
63-5-340
.

(
2)
If a parent chooses to submit a written complaint to the Attorney General
requesting investigation and enforcement of this article. The complaint must:

(
a)
identify the parent and child by name;

(
b)
identify the state agency or political subdivision alleged to have violated
this article or Section
63-5-340
;

(
c)
describe with reasonable particularity the acts or omissions alleged to violate
this article or Section
63-5-340
; and

(
d)
be submitted within one year after the parent knew or reasonably should have
known of the alleged violation.

(
3)
Within thirty days after receiving a complaint that appears on its face to
allege a violation of this article or Section
63-5-340
, the Attorney General
shall:

(
a)
commence an investigatory or remedial effort pursuant to item (4);

(
b)
commence a civil enforcement action;

(
c)
issue a written notice to the parent stating that the Attorney General declines
to commence an enforcement action but authorizes the parent to pursue a private
civil action pursuant to item (5); or

(
d)
issue a written notice to the parent stating that the Attorney General has
determined that the facts alleged, even if true, would not constitute a
violation of this article.

(
4)
Upon receipt of a complaint that appears on its face to allege a violation of
this article, the Attorney General may engage in any investigatory or remedial
efforts that he considers appropriate, including:

(
a)
requesting information or documents from the entity of the alleged violation;

(
b)
providing written guidance to the entity of the alleged violation concerning
compliance with this article;

(
c)
seeking corrective action or voluntary compliance, including changes to
policies, practices, or procedures; and

(
d)
facilitating resolution between the parent and the entity of the alleged
violation without commencing a civil enforcement action.

(
5)
(
a) If the Attorney General declines
to commence an enforcement action or does not take action within thirty days of
receipt of a complaint as provided under item (3), a parent may bring a civil
action in his or her own name against the State for declaratory relief or
injunctive relief, including reasonable attorney's fees and costs. A parent may
not seek noneconomic damages unless the court or jury finds the defendant acted
intentionally or with wilfulness, wantonness, and recklessness and such conduct
proximately caused the noneconomic damages. Compensatory damages may not exceed
one hundred thousand dollars.

(
b)
A parent is required to bring a claim under this provision no later than three
years after the day the cause of action accrues.

(
c)
The circuit court shall dismiss any action filed before exhaustion of
administrative remedies as required in this subsection unless the parent
demonstrates that immediate judicial relief is necessary to prevent imminent
irreparable harm to the parent's child.

(
6)
An entity subject to the provisions of this section is immune from civil
liability for damages, and no cause of action may be brought under this
section, based solely on an alleged violation of this article or section
63-5-340
arising from that act or omission, if the entity, in good faith:

(
a)
relies upon a written consent, authorization, or direction executed by a parent
as defined in this section; or

(
b)
acts in substantial compliance with this article or written guidance or
regulations issued by a state agency implementing this section, provided that
nothing herein shall be construed to limit civil liability of the state agency
for any guidance, regulations, or actions that violate this article.

(
I)
Nothing in this article may be construed to:

(
1)
create a medical malpractice cause of action;

(
2)
limit, restrict, or otherwise affect any cause of action for medical
malpractice existing pursuant to Title 15, Chapter 79; or

(
3)
alter the applicable standard of care, statute of limitations, statute of
repose, procedural requirements, or damages provisions governing medical
malpractice actions.

S
ection
59-28-360
. The child's parent may submit documentation designating the
physician should use their evidence-based expertise to provide optimal medical
guidance and care. And, the parent's authorization signature will continue
until it is revoked by the parent.

S
ECTION 3.
S
ection
63-5-340
of the S.C. Code is amended to read:

S
ection
63-5-340
.
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) As used in this section:

(
1) "Medical decision-making authority"
means the power granted by the State to a nonparent to make important decisions
regarding a 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
.

(
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 by
law, this section, or court order, a person or healthcare provider must obtain
the consent of a parent of a minor before procuring, providing a referral for,
or rendering healthcare to the minor.

(
C) Subsection (B) does not apply when:

(
1) a parent of the minor has provided
prior consent authorizing the person or entity to perform an activity listed in
subsection (B);

(
2) it has been reasonably determined
by a healthcare provider that an emergency exists and either of the following
conditions is true:

(
a) it is necessary to perform an
activity listed in subsection (B) in order to prevent death or imminent,
irreparable physical injury to the minor, or

(
b) a parent of the child cannot be
located or contacted after a good faith effort;

(
3) a healthcare provider or healthcare
professional renders prehospital care to a minor;

(
4) a person renders emergency care at
the scene of an accident or emergency pursuant to Section
15-1-310
;

(
5) a healthcare provider, for the
purpose of providing appropriate prenatal care, delivery, neonatal or postnatal
care, renders healthcare to a child who has attained fourteen years of age; or

(
6) a person renders first aid to a
minor.

(
D) This section does not:

(
1) authorize or allow a parent to
abuse or neglect a child as defined in Section
63-7-20
(6);

(
2) apply to a parental action or
decision that would end life;

(
3) apply to Chapter 41, Title 44; and

(
4) prohibit a court from issuing an
order that is otherwise permitted by law.

(
F) The Attorney General may bring an
action to enforce compliance with this section. Nothing in this section may be
construed to deny, impair, or otherwise affect any right or authority of the
Attorney General, the State, or any agency, officer, or employee of the State
to institute or intervene in any proceeding.

S
ECTION 4. The
provisions of this act apply only to actions occurring after June 30, 2026.

S
ECTION 5. The
existing provisions of Chapter 28, Title 59 are designated as "General
Provisions."

S
ECTION 6. Sections
63-5-350
and
63-5-370
of the S.C. Code are repealed.

S
ECTION 7. If any section, subsection,
paragraph, subparagraph, sentence, clause, phrase, or word of this act is for
any reason held to be unconstitutional or invalid, such holding shall not
affect the constitutionality or validity of the remaining portions of this act,
the General Assembly hereby declaring that it would have passed this act, and
each and every section, subsection, paragraph, subparagraph, sentence, clause,
phrase, and word thereof, irrespective of the fact that any one or more other
sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases,
or words hereof may be declared to be unconstitutional, invalid, or otherwise
ineffective.

S
ECTION 8. This act takes effect on July 1,
2026.

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This web page was last updated on February 19, 2026 at 10:51 AM