A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING CHAPTER 23 TO TITLE 63 SO AS TO ESTABLISH STANDARDS AFFIRMING AND PROTECTING THE RIGHTS OF PARENTS, GUARDIANS, AND LOVED ONES TO BE PRESENT WHEN THEIR CHILD IS UNDERGOING A MEDICAL PROCEDURE OR RECEIVING DRIVING INSTRUCTION, TO ALLOW PENALTIES FOR VIOLATION OF THE PROVISIONS OF THIS CHAPTER, TO CREATE A CIVIL RIGHT OF ACTION, AND FOR OTHER PURPOSES.

 

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

 

SECTION 1.  Title 63 of the S.C. Code is amended by adding:

 

CHAPTER 23

 

Parental Right to Be Present

 

    Section 63-23-10.  For purposes of this chapter:

    (1) "Anesthesia" means general, local, or twilight sedation administered for medical or surgical purposes.

    (2) "Driving instruction" means any formal lesson or examination related to obtaining a driver's license.

    (3) "Instructor" means any state-licensed driving instructor or examiner.

    (4) "Loved one" means a legal guardian, spouse, friend, family member, domestic partner, or family member with power of attorney or medical authority.

    (5) "Medical facility" means hospitals, clinics, surgical centers, and any licensed practice providing medical, dental, or surgical procedures.

    (6) "Minor" means any individual under the age of eighteen.

 

    Section 63-23-20.  (A) All licensed medical facilities must allow at least one parent or legal guardian to be present for all medical procedures, tests, surgeries, and treatments involving a minor, unless the parent voluntarily waives this right in writing.

    (B) Parents or legal guardians have the right to observe, through physical presence any procedure in which their child is under anesthesia, to ensure the safety of the minor.

    (C) Facilities must make reasonable accommodations to allow such observation without interfering with medical procedures or patient safety.

 

    Section 63-23-30.  (A) Any patient, regardless of age, undergoing anesthesia has the right to designate a loved one to be present for monitoring during procedures and in postanesthesia recovery.

    (B) Facilities must make reasonable accommodations to allow observation without interfering with medical procedures or patient safety.

 

    Section 63-23-40.  (A) A parent or legal guardian has the right to be present in the back seat during any driving lesson or official driving test taken by their minor child.

    (B) All driving schools must obtain appropriate insurance coverage and use properly equipped vehicles to allow for the safe transport of a third-party observer during instruction or testing.

    (C) Driving instructors may not deny or penalize students for exercising this right.

 

    Section 63-23-50.  (A) Any facility or institution found to be in violation of this chapter is subject to fines, license review, or other regulatory actions as determined by the appropriate state licensing boards.

    (B) Individuals denied these rights may file a grievance with the relevant regulatory or civil rights authority.

 

    Section 63-23-60.  (A) All facilities, institutions, and providers named in this chapter including, but not limited to, medical facilities and driving schools bear full responsibility for making the necessary accommodations to ensure compliance with the rights outlined in this chapter.

    (B) Failure to proactively implement policies, equipment, staffing, or insurance coverage required to uphold these rights constitutes a violation of this chapter.

 

    Section 63-23-70.  (A) No company, business, facility, institution, organization, or agent thereof shall separate a parent or legal guardian from their minor child during any procedure, test, lesson, examination, medical treatment, or recovery period, without:

       (1) the explicit, informed, and voluntary consent of the parent or guardian; or

       (2) a clear and documented medical, legal, or safety-based justification, consistent with applicable laws and best practices.

    (B) Under no circumstances shall a parent be removed or denied access to their child for the convenience of staff, scheduling, or policy reasons alone.

 

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

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