Indicates Matter Stricken

Indicates New Matter

Committee Amendment Adopted and Amended

April 17, 2024

S. 975

Introduced by Senators Martin, Corbin, Rice, Kimbrell, Grooms and Loftis

S. Printed 04/17/24--S.                                                                          [SEC 4/18/2024 1:30 PM]

Read the first time January 18, 2024

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 16-17-780 SO AS TO PROHIBIT BUSINESSES, NON-PROFIT ORGANIZATIONS, COLLEGES, SCHOOLS, AND EMPLOYERS FROM MANDATING THAT EMPLOYEES, CONTRACTORS, STUDENTS, PATRONS, CUSTOMERS, CLIENTS, OR GUESTS MUST RECEIVE A NOVEL VACCINE OR GENE THERAPY; BY ADDING SECTION 41-1-55 SO AS TO PROHIBIT EMPLOYERS FROM TAKING ANY ADVERSE PRE-EMPLOYMENT OR EMPLOYMENT ACTION AGAINST AN INDIVIDUAL WHO DECLINES TO RECEIVE A VACCINE OR GENE THERAPY; BY AMENDING SECTION 40-43-86, RELATING TO FACILITY REQUIREMENTS FOR PHARMACIES, SO AS TO PROVIDE THAT A PHARMACIST MAY REFUSE TO FILL A PRESCRIPTION DUE TO RELIGIOUS, MORAL, OR ETHICAL REASONS; BY AMENDING SECTION 44-1-100, RELATING TO ASSISTANCE FROM PEACE AND HEALTH OFFICERS, SO AS TO PROVIDE THAT THE DIRECTOR MAY NOT REQUEST ASSISTANCE IN ENFORCING ORDERS PURSUANT TO THIS CHAPTER; BY AMENDING SECTION 44-4-130, RELATING TO DEFINITIONS FOR EMERGENCY HEALTH POWERS, SO AS TO PROVIDE DEFINITIONS; BY AMENDING SECTION 44-4-330, RELATING TO THE PURCHASE AND DISTRIBUTION OF PHARMACEUTICAL AGENTS OR MEDICAL SUPPLIES, SO AS TO PROVIDE THAT DHEC MAY PURCHASE AND DISTRIBUTE APPROVED PHARMACEUTICAL AGENTS OR MEDICAL SUPPLIES; BY AMENDING SECTION 44-4-500, RELATING TO CONTROL AND TREATMENT OF INFECTIOUS DISEASE, SO AS TO PROVIDE THAT DHEC MUST USE EVERY AVAILABLE MEANS TO PREVENT THE TRANSMISSION OF INFECTIOUS DISEASE FOR WHICH THE PUBLIC HEALTH EMERGENCY HAS BEEN CALLED; BY AMENDING SECTION 44-4-510, RELATING TO PHYSICAL EXAMINATIONS OR TESTS AND ISOLATION OR QUARANTINE OF PERSONS REFUSING EXAMINATION, SO AS TO PROVIDE THAT TESTS MUST BE FDA APPROVED FOR ACCURATE DETECTION OF THE BIOLOGICAL AGENT; BY AMENDING SECTION 44-4-520, RELATING TO VACCINATIONS AND TREATMENT, SO AS TO PROVIDE THAT DHEC MAY NOT ISOLATE AN INDIVIDUAL TO PREVENT THE SPREAD OF A POSSIBLY CONTAGIOUS DISEASE, BUT ONLY A DISEASE KNOWN TO BE CONTAGIOUS, AND TO PROVIDE THAT A VACCINE MUST NOT BE A GENE THERAPY; BY AMENDING SECTION 44-4-530, RELATING TO ISOLATION AND QUARANTINE OF INDIVIDUALS OR GROUPS AND PENALTY FOR NONCOMPLIANCE, SO AS TO PROVIDE THAT DHEC MAY ISOLATE OR QUARANTINE AN INDIVIDUAL OR GROUPS OF INDIVIDUALS WHO HAVE BEEN DIAGNOSED WITH OR EXPOSED TO THE CONTAGIOUS DISEASE FOR WHICH THE PUBLIC HEALTH EMERGENCY WAS DECLARED; BY AMENDING SECTION 44-4-540, RELATING TO ISOLATION AND QUARANTINE PROCEDURES, SO AS TO REMOVE ISOLATION PARAMETERS; AND BY AMENDING SECTION 44-4-570, RELATING TO EMERGENCY POWERS REGARDING LICENSING OF HEALTH PERSONNEL, SO AS TO REMOVE THE REQUIREMENT THAT IN-STATE HEALTH PROVIDERS MUST ASSIST IN VACCINATIONS, TREATMENTS, AND EXAMINATIONS, AND TO REMOVE THE PROVISION THAT ANY EMERGENCY ASSISTANT MEDICAL EXAMINER OR CORONER APPOINTED PURSUANT TO THIS SECTION IS IMMUNE FROM CIVIL LIABILITY FOR DAMAGES RESULTING FROM THEIR SERVICES.

    Amend Title To Conform

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

SECTION 1.  This act may be cited as the "Medical Freedom Act."

SECTION 2.  Chapter 17, Title 16 of the S.C. Code is amended by adding:

    Section 16-17-780. (A) For purposes of this section:

       (1) "Novel vaccine" means a vaccine, as defined in Section 44-4-130, which has obtained Emergency Use Authorization, or which has otherwise not been approved by the U.S. Food and Drug Administration, or which has been licensed for use for less than ten years; and

       (2) "Gene therapy" means any product that mediates its effects by transcription or translation of transferred genetic material or by integrating into the host genome and that are administered as nucleic acids, viruses, or genetically engineered microorganisms.

       (3) "Indemnified product" means any product including, but not limited to, a covered countermeasure, for which the manufacturers and distributors are shielded from direct civil or criminal liability to consumers for personal injuries and damages resulting from the use of the product as determined by state or federal law.

    (B) It is unlawful for  any person, partnership, for-profit or non-profit corporation, limited liability corporation, colleges, schools, or the State and its political subdivisions and their agents that employ one or more employees to mandate employees, contractors, students, patrons, customers, clients, or guests to receive a novel vaccine, indemnified product, or gene therapy described in this section as a precondition for employment, entry into buildings and grounds, attendance, participation, or purchase or receipt of any products and services offered.

    (C) A person who violates the provisions of this section:

       (1) for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year, or both;

       (2) for a second offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned for not more than three years or both; and

       (3) for a third or subsequent offense, is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both.

SECTION 3.  Chapter 1, Title 41 of the S.C. Code is amended by adding:

    Section 41-1-55. (A) As used in this section:

       (1) "Agent" means any former supervisor or the employer's designee.

       (2) "Employer" means any person, partnership, for-profit or non-profit corporation, limited liability corporation, or the State and its political subdivisions and their agents that employ one or more employees.

       (3) "Employee" means any person employed by an employer.

       (4) "Gene therapy" means any product that mediates its effects by transcription or translation of transferred genetic material or by integrating into the host genome and that are administered as nucleic acids, viruses, or genetically engineered microorganisms.

       (5) "Novel vaccine" means a vaccine which has obtained emergency use authorization, which has otherwise not been approved by the U.S. Food and Drug Administration, or which has been licensed for use for less than ten years; and

       (6) "Vaccine" means a suspension of attenuated or killed microorganisms, or of antigenic proteins derived from them, that is administered for prevention, amelioration, or treatment of infectious diseases.

       (7) "Indemnified product" means any product including, but not limited to, a covered countermeasure, for which the manufacturers and distributors are shielded from direct civil or criminal liability to consumers for personal injuries and damages resulting from the use of the product as determined by state or federal law.

    (B) Employers are prohibited from taking any adverse pre-employment or employment action including, but not limited to, discrimination, termination, suspension, involuntary reassignment, unpaid leave, demotion, harassment, coercion, or retaliation against an individual who declines to receiv