Indicates Matter Stricken

Indicates New Matter

 

Committee Report

March 19, 2026

 

S. 862

 

Introduced by Senator Elliott

 

S. Printed 3/19/26--S.

Read the first time January 28, 2026

 

________

 

The committee on Senate Medical Affairs

To whom was referred a Bill (S. 862) to amend the South Carolina Code of Laws by adding Section 44-17-412 so as to allow parents to make certain healthcare decisions for children over the age of eighteen, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

 

    Amend the bill, as and if amended, SECTION 1, by striking Section 44-17-412 and inserting:

    Section 44-17-412. Notwithstanding any provision of law to the contrary, a parent has the authority to make healthcare decisions related to the emergency admission of a child who is over the age of eighteen for mental health services pursuant to this article if the child qualifies as a dependent on and is covered by the parent's health insurance.(A) Notwithstanding any other provision of law, a parent or legal guardian may exercise temporary decision-making authority in regards to the matter of involuntary temporary commitment on behalf of an adult child during a verified medical or behavioral health crisis when the conditions in subsection (B) are satisfied.

 

(B) Temporary authority pursuant to this section applies only when:

 

(1) a licensed physician determines that the adult individual is experiencing a medical or behavioral health crisis and is temporarily unable to make informed decisions regarding his care or safety; and

 

(2) the parent or legal guardian is physically present with the adult individual during the crisis intervention or treatment.

 

(C) Authority granted pursuant to this section is limited to decisions necessary to address the immediate crisis and may not extend beyond forty-eight hours from the time of the physician's written determination unless a new determination is made by a licensed physician. If a subsequent determination is made by the original licensed physician, the determination must be reviewed and confirmed by a second licensed physician who independently reaches the same determination.

 

(D) Nothing in this section authorizes a parent or legal guardian to exercise ongoing guardianship authority or to override a valid advance directive executed by the adult individual.

Renumber sections to conform.

Amend title to conform.

 

DANIEL VERDIN for Committee.

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 44-17-412 SO AS TO ALLOW PARENTS TO MAKE CERTAIN HEALTHCARE DECISIONS FOR CHILDREN OVER THE AGE OF EIGHTEEN IF THE CHILD QUALIFIES AS A DEPENDENT ON AND IS COVERED BY THE PARENTS' HEALTH INSURANCE.

 

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

 

SECTION 1.  Article 5, Chapter 17, Title 44 of the S.C. Code is amended by adding:

 

    Section 44-17-412. Notwithstanding any provision of law to the contrary, a parent has the authority to make healthcare decisions related to the emergency admission of a child who is over the age of eighteen for mental health services pursuant to this article if the child qualifies as a dependent on and is covered by the parent's health insurance.

 

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

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