Senate Amendment F&V
S 882 - Session 125 (2023-2024)
Prescriptions for Minors

The Committee on Family and Veterans' Services proposes the following amendment (SR-882.KM0001S):

Amend the bill, as and if amended, SECTION 1, by striking Section 63-5-380(A), (B), (C), (D), and (E) and inserting:

 (A) A person responsible for the welfare of a minor who has not reached the age of sixteen years must provide prior consent to a medical professional for the medical professional to prescribe medication to the minor.
 (B) The the person responsible for the welfare 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.
 (C) The provisions of this section do not apply:
  (1) to an emancipated minor or to a married minor;
  (2) to a minor who has not reached the age of sixteen, is homeless pursuant to federal or state law, and who does not have a person responsible for the welfare of the minor;
  (3) when the prescribing medical professional reports suspected child abuse or neglect pursuant to Section 63-7-310, the prescription is necessary to treat a condition arising from the suspected child abuse or neglect, and the suspected child abuse or neglect results from acts or omissions committed by the person responsible for the welfare of the minor; or
  (4) when the prescribing medical professional refills a prior prescription for a minor who has not reached the age of sixteen years and the previous prescription complied with or was exempt from the provisions of this section.
 (D) 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 for release of health information pursuant to HIPAA maintained by the medical professional of a minor who has not reached the age of sixteen years.