A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 63-5-380 SO AS TO PROVIDE THAT A PARENT OR THE LEGAL GUARDIAN OF A MINOR MUST BE NOTIFIED WHEN A HEALTH CARE PROFESSIONAL PRESCRIBES MEDICATION TO THE MINOR, TO PROVIDE THAT A PHARMACIST CANNOT FILL A PRESCRIPTION FOR A MINOR WITHOUT THE MINOR'S PARENT OR LEGAL GUARDIAN CONSENTING, TO PROVIDE THAT A PARENT OR LEGAL GUARDIAN CANNOT BE PROHIBITED FROM VIEWING HIS MINOR'S PRESCRIPTION HISTORY, AND TO PROVIDE THAT THESE PROVISIONS DO NOT APPLY TO AN EMANCIPATED MINOR OR A MARRIED MINOR.

 

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

 

SECTION 1.  Article 3, Chapter 5, Title 63 of the S.C. Code is amended by adding:

 

    Section 63-5-380.  (A)  In the event that a minor is prescribed medication, the parent or legal guardian of a minor must be immediately notified by the health care provider prescribing the medication.

    (B) A pharmacist may not fill a prescription for medication for a minor without the prior written consent of the minor's parent or legal guardian.

    (C) The parent or legal guardian of a minor to whom medication is prescribed may not be prohibited from reviewing the minor's prescription records regardless of whether those records are maintained with the parent or legal guardian's prescription records or are maintained separately in the minor's name.

    (D) If a minor needs emergency care, as defined in Section 44-7-260(E), then the notification required in subsection (A) must be made as soon as practicable and the consent required in subsection (B) is not required for medications administered to the minor directly related to the emergency care rendered.

    (E) The provisions of this section do not apply to an emancipated minor or to a married minor.

 

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

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