Senate Amendment RFH-5
S 915 - Session 125 (2023-2024)
Executive Office of Health Policy

Senator Martin proposes the following amendment (SR-915.JG0044S):

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

SECTION X. Section 44-4-520 of the S.C. Code is amended to read:

 Section 44-4-520. (A) During a state of public health emergency, DHEC the department may exercise the following emergency powers, in addition to its existing powers, over persons as necessary to address the public health emergency:
  (1) to vaccinate persons as protection against infectious disease and to prevent the spread of contagious or possibly contagious disease;
  (2) to treat persons exposed to or infected with disease; and
  (3) to prevent the spread of contagious or possibly contagious disease, DHEC may isolate or quarantine, pursuant to the applicable sections of this act, symptomatic persons or persons exposed to the disease who are unable or unwilling for any reason (including, but not limited to, health, religion, or conscience) to undergo vaccination or treatment pursuant to this section.
 (B) Vaccinations or treatment, or both, must be provided only to those individuals who agree provide informed consent to the vaccinations or treatment, or both.
 (C)(1) Vaccination Vaccinations may be performed by any qualified person authorized by DHEC the department.
  (2) To be administered pursuant to this section, a vaccine must not be such as is reasonably likely to lead to serious harm to the affected individual.
 (D)(1) Treatment must be administered by any qualified person authorized to do so by DHEC. the department.
  (2) Treatment must not be such as is reasonably likely to lead to serious harm to the affected individual.
 (E) For purposes of this section, "informed consent" means a written document that is signed and dated by an individual; or if the individual is a minor, by a parent or legal guardian; or if the individual is incapacitated or without sufficient mental capacity, by a designated health care agent pursuant to a health care power of attorney, that at a minimum includes:
  (1) an explanation of the vaccine or treatment that is written in language that is understandable to the average lay person;
  (2) a description of the potential risks and benefits resulting from vaccine or treatment, along with a realistic description of the most likely outcome;
  (3) a statement acknowledging risks associated with the vaccine or treatment if the vaccine or treatment is an indemnified product; and
  (4) language that clearly indicates that the individual agrees to the administration of the vaccine or treatment, that the individual has had time to thoughtfully and voluntarily accept or decline the vaccine or treatment free from coercion.
 (F) The safety and efficacy of vaccines, tests, and treatments performed and administered as provided in this section must be reviewed and adverse events monitored by the department. References to evidence-based data determined to validate vaccines, tests, and treatments including, but not limited to VAERS data, must be prominently posted on the department's public website.