Vaccines and Public Health

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.