A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 59-63-92 SO AS TO PROVIDE A SAFE, EFFECTIVE, AND TIMELY OPTION FOR STUDENTS TO PREVENT UNINTENDED PREGNANCIES BY ENSURING THAT ALL PUBLIC MIDDLE AND HIGH SCHOOL STUDENTS IN THIS STATE HAVE ACCESS TO LEVONORGESTREL/PLAN B, AN EMERGENCY CONTRACEPTIVE, THROUGH THE SCHOOL NURSE OR, IN THE ABSENCE OF A SCHOOL NURSE, ANOTHER DESIGNATED ADMINISTRATOR, TO PROVIDE DEFINITIONS, TO PROVIDE REQUIREMENTS FOR THE DISTRIBUTION OF LEVONORGESTREL/B PURSUANT TO THIS ACT, AND TO PROVIDE IMMUNITY FOR PARTIES INVOLVED IN IMPLEMENTING THE PROVISIONS OF THIS ACT, AMONG OTHER THINGS.

 

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

 

SECTION 1.  Article 1, Chapter 63, Title 59 of the S.C. Code is amended by adding:

 

    Section 59-63-92.  (A) The purpose of this section is to provide a safe, effective, and timely option for students to prevent unintended pregnancies by ensuring that all public middle and high school students in this State have access to Levonorgestrel/Plan B, an emergency contraceptive, through the school nurse or, in the absence of a school nurse, another designated administrator.

    (B) For purposes of this section:

       (1) "Levonorgestrel/Plan B" or "Plan B" means a one-dose, regime medication containing 1.5 milligrams of the hormone levonorgestrel that is intended to be used as an emergency contraception to prevent pregnancy after unprotected sex or contraceptive failure.

       (2) "Emergency contraception" means a method used to prevent pregnancy after unprotected sex or contraceptive failure.

       (3) "School nurse" means a licensed nurse employed by a school district to work in a public school to provide student health services.

    (C) All public middle schools and high schools in this State shall maintain a supply of Plan B on school premises, available for emergency contraception purposes. The medication must be stored securely and administered only by a licensed school nurse or, in the absence of a school nurse, another designated administrator.

    (D) Each public middle school and public high school shall make Plan B available for distribution to students during school hours. The school nurse or, in the absence of a school nurse, another designated administrator, shall dispense the medication to students who request it in accordance with the guidelines established in this section.

    (E) The distribution of Plan B must be conducted in a manner that ensures the privacy and confidentiality of the student receiving the medication. Students may not be required to obtain parental consent to access Plan B, but they must be provided with educational information about the medication, including its use, potential risks, and the importance of seeking further medical care if needed.

    (F) Each school nurse or other person designated to dispense Plan B pursuant to this section shall:

       (1) receive training on the proper storage and administration of Plan B, including counseling students on its correct use, possible side effects, and the importance of taking the medication within a specified time frame after unprotected sex; and

       (2) maintain a confidential log of all Plan B dispensed to students, including the date, the grade level of the student, and the reason for distribution. This log must comply with all privacy laws and be made available only to authorized personnel, and is not subject to disclosure under the Freedom of Information Act.

    (G) The State Department of Education shall:

       (1) provide training for school nurses and other designated administrators on the proper administration of levonorgestrel and reproductive health education, ensuring all personnel involved are adequately prepared to support students;

       (2) conduct an annual review of the program's effectiveness, which includes assessing the number of students served, outcomes related to pregnancy prevention, and the overall success of the program, and provide a report of this review to the General Assembly before January first; and

       (3) promulgate regulations necessary to carry out the provisions of this section.

    (H)(1) A school, school district, the State Department of Education, and employees, volunteers, and other agents of all of those entities including, but not limited to, a school nurse and other designated school personnel, who undertake an act under this section, are not subject to civil or criminal liability for damages caused by injuries to a student or another person resulting from the distribution of Plan B made in compliance with the provisions of this section and regulations promulgated pursuant to this regulation.

       (2) The immunity granted pursuant to item (1):

           (a) does not apply to acts or omissions constituting gross negligence or wilful, wanton, or reckless conduct; and

           (b) is in addition to, and not in lieu of, immunity provided pursuant to Sections 15-1-310, 15-78-10, and any other provisions of law.

    (I) Each school district shall fully implement the requirements of this section before the beginning of the 2026-2027 School Year.

 

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

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