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UPDATE: 6/14/2023 - Session adjourned 6/14/2023, but all bills carryover to 2024.
UPDATE: 1/10/2023 - H.3197 was introduced and referred to the House Judiciary Committee on 1/10/2023.
UPDATE: 1/10/2023 - S.234 was introduced and referred to the Senate Family and Veterans' Services Committee on 1/10/2023.
H.3197 was prefiled and referred to the House Judiciary Committee on 12/8/2022. This bill is sponsored by Representative James Mikell Burns and Representative John R. McCravy III.
S.234 was prefiled and referred to the Senate Family and Veterans' Services Committee on 11/30/2022. This bill is sponsored by Senator Dwight A. Loftis and Senator Brian Adams.
H.3197 and S.234 amend the South Carolina code of laws, title 63, by adding chapter 23 to enact the Parental Bill of Rights. These bills as introduced have similar text to H.3485/S.743 which also prevent minor consent.
These bills prohibit health care providers from providing drugs or preforming medical procedures on children without parental consent, which would include administering vaccines. The bill also raises the age of medical consent from 16 to 18 and requires school districts to develop polices to inform parents of their right to exempt their child from vaccines required for school.
Section 63-23-110 states that parents have fundamental rights regarding the upbringing, education, and care of their children. Schools are required to have a notification system to inform parents, and they are not allowed to withhold from them information relating to the child's health, well-being, and education, while the child is in the custody of the school district.
Section 63-23-120 defines terms, and changes the definition of "child" for purposes of medical minor consent from 16, as it is currently set in South Carolina statute section 63-5-340, to those under 18 years old.
Section 63-23-130 states that the government cannot infringe on fundamental rights of parents to direct the upbringing, education, health care, and mental health care of children without a compelling state interest that is narrowly tailored and that cannot be achieved by a less intrusive means.
Section 63-23-140 states parents have the fundamental rights for their children to direct their education, care, moral or religious training, to make school choices and review all their medical and school records, and make physical and mental health care decisions unless otherwise prohibited by court order. Additionally, parents have the ability to restrict the creation, storage, and sharing of children's data including biometric scans, blood, voice recordings, photos, and DNA, with some exceptions. Guidelines for parental notification in cases of abuse or neglect are included, as well as school board meeting participation procedures.
Section 63-23-150. (A) In addition to the requirements of Chapter 28, Title 59, each district school board shall, in consultation with parents, teachers, and administrators, develop and adopt a policy to promote parental involvement in the public school system. The policy must include:
(6) procedures for a parent to learn about parental rights and responsibilities under general law, including all of the following:
(d) in accordance with Section 44-29-180, the right of a parent to exempt his or her child from immunizations.
Section 63-23-160 prohibits, unless otherwise provided by court order, a health care provider from soliciting or arranging to provide health care services, perform a physical or psychological examination, or prescribe medicinal drugs or biologics to a child, or perform a medical procedure without first obtaining written parental consent. This section does not apply to an abortion or when a medical emergency exists that requires medical services to prevent imminent and irreparable serious injury to or save the life of a child. Violators of this section are subject to disciplinary action by the relevant professional licensing board, fines, and jail.
Section 63-23-170 states the provisions of this chapter apply in spite of any conflicting temporary provisions in a declaration of a state of emergency by the Governor or a health care state of emergency declared by the Department of Health and Environmental Control. This means that parents will have decision making authority over their children's health even if the state issues mandatory vaccination orders for minors.
Section 63-23-180 states that any parent may raise a violation of this chapter against school boards, school districts and other governmental entities in state or federal court. If the court finds in favor of the parent, it may award the parent reasonable attorneys' fees and court costs.
SECTION 2.Section 63-5-340 of the S.C. Code would be amended to change the minor age from sixteen to eighteen years, allowing them to consent to any health services from an authorized health professional. No additional consent shall be necessary unless it involves a life-saving operation and two physicians agree.
These bills take effect upon approval by the Governor.
NVIC SUPPORTS H.3197 and S.234 because they establish in state law the rights of parents to consent to all health care decisions for their child including the administration of a vaccine, even under declared states of emergency. NVIC also supports the rights of parents to access medical records of their child, including the administration of any vaccines. 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?session=125&billnumbers=3197&summary=B - text, status, and history of H.3197
https://www.scstatehouse.gov/billsearch.php?billnumbers=234&session125&summary=B - text, status, and history of S.234
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