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UPDATE: 6/14/2023 - Session adjourned 6/14/2023, but all bills carryover to 2024.
UPDATE: 1/10/2023 - H.3485 was introduced and referred to the House Judiciary Committee on 1/10/2023.
H.3485 was prefiled and referred to the House Judiciary Committee on 12/8/2022. This bill is sponsored by Representatives Magnuson, May, A.M. Morgan, Beach, Burns, Chumley, B.J. Cox, Cromer, Haddon, S. Jones, Kilmartin, Long, McCabe, T.A. Morgan, O'Neal, Oremus, Pace, Trantham, White, M.M. Smith, Willis, McCravy, T. Moore, Nutt, Thayer, Yow, Gilliam and Pope.
S.743 was introduced and referred to the Senate Family and Veterans' Services Committee on 4/19/2023. This bill is sponsored by Senator Josh Kimbrell.
H.3485 and S.743 would enact the "Families' Rights and Responsibilities Act" that includes in part the following:
South Carolina recognizes that parents have the responsibility to direct the upbringing, education, health care, and mental health of that parent's child. To fulfill that responsibility, the State recognizes that all parental rights are exclusively reserved to a parent of a child without obstruction by or interference from this State, any political subdivision of this State, any other governmental entity, or any other institution including, without limitation, the following rights and responsibilities:
(6) to make and consent in writing to all physical and mental health care decisions for the child;
(7) to access and review all medical records of the child, including the rights provided in Sections 63-5-30 and 63-15-260
(A) Except as otherwise provided by law or court order, any person, corporation, association, organization, state supported institution, state agency, political subdivision of the State, or individual employed by any of these entities must obtain the consent of a parent of a child before taking any of the following actions:
(4) administering a vaccination, immunization, or biologic to a child
A parent may bring suit for any violation of this chapter and may raise the chapter as a defense in any judicial or administrative proceeding without regard to whether the proceeding is brought by or in the name of the state government, any private person, or any other party.
These bills would go into effect upon approval of the governor.
NVIC SUPPORTS H.3485 and S.743 because they establishes in state law the rights of parents to consent to all health care decisions for their child, which includes the administration of a vaccine. NVIC also supports the rights of parents to access medical records of their child, including records on the administration of any vaccines. These bills as introduced have similar text to H.3197/S.234. NVIC does not take a position on the other sections of the bill that are not related to vaccines.
https://www.scstatehouse.gov/billsearch.php?billnumbers=3485&session125&summary=B - text, status and history for H.3485
https://www.scstatehouse.gov/billsearch.php?billnumbers=743&session=125&summary=B&headerfooter=1 - text, status and history of S.743
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