Why? Because when you read S.710, the first thing that should concern you is Section 63-5-380(A).
"For the purposes of this section, 'person responsible for the welfare of the minor' or 'person responsible for the welfare of a minor' means a parent, the legal guardian, or a person identified on the authorization to consent to treat maintained by the medical professional of a minor who has not reached the age of sixteen years."
Let's take a closer look at that term: "person responsible for the welfare of the minor" or "person responsible for the welfare of a minor."
Let’s check with the current law.
We searched Title 63, the South Carolina Children's Code, and did not find an exact match for these phrases, but we did find a hit on "person responsible for the welfare of the child." It appears in Chapter 7, Child Protection and Permanency, Article 1, General Provisions, Section 63-7-20, Definitions, which reads: "the parent, guardian, or other person responsible for the child's welfare."
Sounds familiar. So, it’s creepy to assume that "person responsible for the welfare of the minor" can include:
A parent (biological or adoptive)
A legal guardian
A foster parent
A stepparent
A babysitter
A live-in partner of a parent
A relative caring for the child
Any adult who has taken on supervisory responsibility
❌That is not good. Any one of these people can consent to allow a medical professional to prescribe medication to a minor child under the age of sixteen.
And speaking of medical professionals, S.710 never defines that term either. In practice, it covers a wide range of people: nurses, physician assistants, dentists, psychologists, pharmacists, and more. Any of these providers can prescribe under this bill, as long as the "person responsible" gives the go-ahead.
Now look at Section 63-5-380(B): "Must provide prior consent to a medical professional for the medical professional to prescribe medication to the minor."
Notice what this does not say. It does not say the responsible person must consent to a specific medication. It says they must consent for the professional to prescribe. That is arguably a blanket pre-authorization. A parent who signs a general consent form at intake can satisfy this requirement for every subsequent prescription visit.
Then there is Section 63-5-380(C): "May not be prohibited from reviewing the minor's prescription records."
Here is the problem with that. Whoever qualifies as the "person responsible for the welfare of a minor" may not be prohibited from reviewing those records. The word "may" is doing very little work here as a protection. More importantly, the right to access records belongs to anyone who meets the definition under (A), not just parents. A non-parent can now have a statutory basis to review your child's medical records.
Under current law, Section 63-5-350. Health services to minors without parental consent.
Health services of any kind may be rendered to minors of any age without the consent of a parent or legal guardian when, in the judgment of a person authorized by law to render a particular health service, such services are deemed necessary unless such involves an operation which shall be performed only if such is essential to the health or life of such child in the opinion of the performing physician and a consultant physician if one is available.
We agree that this law is a problem. But S.710 is not the fix, and this bill currently deals only with prescriptions.
During a recent FVS Child Welfare Subcommittee hearing, a senator floated an amendment to expand the consent requirement to all health services for minors under sixteen. The whole room seemed to be operating on the assumption that “person responsible for the welfare of the minor” means parents and legal guardians. Somebody should probably tell them to read the bill before that amendment gets added. Because expanding a bill built on a shaky definition makes this bill a much bigger problem.
The subcommittee voted favorable report. It now moves to the full Senate Family and Veterans Services Committee.
The senators on the FVS Child Welfare Full Committee need to hear from you before this moves further. A bill this loosely adds more people to the list of those who get to exercise parental rights.
ConservaTruth reads the actual bill text so you don't have to guess. S.710 is in the Senate. Read it yourself at scstatehouse.gov.
Disclaimer: The views expressed in this article are those of the author and do not constitute legal or professional advice. ConservaTruth assumes no liability for any actions taken based on this content. Readers are encouraged to review the bill text themselves. Read more.
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