Indicates Matter Stricken

Indicates New Matter

 

As Passed By The Senate

March 31, 2026

 

S. 862

 

Introduced by Senators Tedder, Elliott, Devine and Sutton

 

S. Printed 3/31/26--S.

Read the first time January 28, 2026

 

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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.

    Amend Title To Conform

 

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. (A) Notwithstanding any other provision of law, a person listed in priority order pursuant to subsection (C) may exercise temporary decision-making authority for a period not exceeding forty-eight hours in regards to the matter of involuntary temporary commitment on behalf of an unmarried adult 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 is experiencing a medical or behavioral health crisis and is temporarily unable to make informed decisions regarding his care or safety; and

       (2) the person listed in priority order pursuant to subsection (C) is physically present with the adult during the crisis intervention or treatment.

    (C) When the receiving or treatment facility selects a person to exercise temporary decision-making authority under this section, first preference shall be given to a legally appointed guardian or an appointed agent authorized to act under a durable or health care power of attorney. If the unmarried adult patient has not previously selected such an agent or the medical facility is not presented with written proof of such guardian or appointed agent, then the selection, except for good cause documented in the patient's clinical record, shall be made from the following list in the order of listing:

       (1) a parent of the adult patient; or

       (2) the adult child of the adult patient.

    (D) 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.

    (E) Nothing in this section authorizes the person exercising temporary decision-making authority to exercise ongoing guardianship authority unless the person acting is the legally appointed guardian in fact or to override a valid advance directive executed by the adult individual.

    (F) The procedure outlined herein for the initial forty-eight hours is an emergency alternative to that outlined in Section 44-17-410. After the initial forty-eight hours, the procedure under Section 44-17-410 must be followed.

 

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

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