A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 63-5-380 SO AS TO PROVIDE THAT A PERSON RESPONSIBLE FOR THE WELFARE OF A MINOR WHO HAS NOT REACHED THE AGE OF SIXTEEN YEARS MUST PROVIDE PRIOR CONSENT TO A MEDICAL PROFESSIONAL FOR THE MEDICAL PROFESSIONAL TO PRESCRIBE MEDICATION TO THE MINOR, SO AS TO PROVIDE THAT THE PERSON RESPONSIBLE FOR THE WELFARE OF A MINOR TO WHOM MEDICATION IS PRESCRIBED MAY NOT BE PROHIBITED FROM REVIEWING THE MINOR"S PRESCRIPTION RECORDS REGARDLESS OF WHETHER THOSE RECORDS ARE MAINTAINED WITH THE PARENT OR LEGAL GUARDIAN'S PRESCRIPTION RECORDS OR ARE MAINTAINED SEPARATELY IN THE MINOR'S NAME, AND TO PROVIDE EXCEPTIONS.

 

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

 

SECTION 1.  Article 3, Chapter 5, Title 63 of the S.C. Code is amended by adding:

 

    Section 63-5-380.  (A) For the purposes of this section, "person responsible for the welfare of the minor" or "person responsible for the welfare of a minor" means a parent, the legal guardian, or a person identified on the authorization to consent to treat maintained by the medical professional of a minor who has not reached the age of sixteen years.

    (B) A person responsible for the welfare of a minor who has not reached the age of sixteen years must provide prior consent to a medical professional for the medical professional to prescribe medication to the minor.

    (C) The person responsible for the welfare of a minor to whom medication is prescribed may not be prohibited from reviewing the minor's prescription records regardless of whether those records are maintained with the parent or legal guardian's prescription records or are maintained separately in the minor's name.

    (D) The provisions of this section do not apply:

       (1) to an emancipated minor, a married minor, or a minor who has borne a child;

       (2) to a minor who has not reached the age of sixteen, is homeless pursuant to federal or state law, and who does not have a person responsible for the welfare of the minor;

       (3) when the prescribing medical professional reports suspected child abuse or neglect pursuant to Section 63-7-310, the prescription is necessary to treat a condition arising from the suspected child abuse or neglect, and the suspected child abuse or neglect results from acts or omissions committed by the person responsible for the welfare of the minor;

       (4) when the prescribing medical professional refills a prior prescription for a minor who has not reached the age of sixteen years and the previous prescription complied with or was exempt from the provisions of this section; or

       (5) when they conflict with federal law.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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