South Carolina 2025-2026 Regular Session

South Carolina Senate Bill S0054

Introduced
1/14/25  

Caption

Medical Informed Consent

Summary

S. 54, the “Medical Informed Consent Act,” would make broad changes to South Carolina law governing vaccine mandates, employer actions, pharmacy dispensing, and public health emergency powers. The bill creates a new criminal offense for requiring employees, contractors, students, patrons, customers, clients, or guests to receive a “vaccine,” “indemnified product,” or “gene therapy” as a condition of employment, access, participation, or services, and it imposes misdemeanor and felony penalties for violations. It also prohibits employers from taking adverse employment actions against individuals who decline such products and authorizes civil remedies for affected workers, including unemployment benefits, damages, and attorney’s fees. The bill also revises pharmacy and public health provisions. It would allow pharmacists to refuse prescriptions in certain circumstances, require pharmacies to notify prescribers when a prescription is refused, and bar pharmacists from denying off-label prescriptions for infectious disease or life-threatening illness during a public health emergency or gubernatorial emergency. In the public health code, the bill adds or revises definitions for vaccine, gene therapy, and public health emergency terms, requires informed consent for vaccinations and treatments, directs the Department of Public Health to monitor safety and efficacy data, and changes quarantine and isolation procedures, including a 21-day limit for asymptomatic quarantine and faster court review timelines for emergency isolation orders. The bill’s impact on state law would be significant because it touches multiple titles of the South Carolina Code and limits the authority of state and local entities during public health emergencies. It would constrain vaccine-related mandates by private employers, public employers, schools, and other institutions; alter the legal framework for quarantine, isolation, and emergency vaccination; and remove the requirement that in-state health care providers assist with vaccinations as a licensure condition during emergencies. It also changes the role of the public safety authority and updates several definitions and procedural rules in the state’s public health emergency statutes. The general sentiment reflected in the bill text and committee amendment appears strongly supportive of individual medical choice, informed consent, and limits on government or employer coercion. The committee report recommends the bill “do pass with amendment,” suggesting the measure had enough support to advance, but the available record does not include debate transcripts or recorded votes. The amendments also indicate an effort to refine the bill’s definitions and procedures rather than reject its core policy direction. The main points of contention likely center on the bill’s restrictions on vaccine mandates, its treatment of novel vaccines and gene therapies, and its limits on emergency public health powers. Opponents would likely object to the bill’s potential to weaken outbreak response tools, complicate quarantine enforcement, and interfere with employer, school, and health care policies. Supporters would likely emphasize bodily autonomy, religious and moral objections, transparency, and protection against coercive public health or employment practices.

Impact

The bill would add new criminal, civil, and employment protections into South Carolina law while also amending pharmacy and public health emergency statutes in Titles 16, 41, 40, and 44. It would prohibit vaccine, indemnified product, and gene therapy mandates by a wide range of entities, bar adverse employment actions against those who refuse them, and create remedies for employees. It would also revise informed-consent requirements, quarantine and isolation procedures, emergency public health definitions, and certain licensure and pharmacy rules, thereby narrowing some emergency powers and expanding procedural protections for individuals and health care providers.

Sentiment

The available context suggests the bill is generally framed in a pro-consent, anti-mandate direction, with supporters favoring limits on vaccine requirements and stronger individual rights. The Senate Medical Affairs Committee reported the bill favorably with amendments, indicating institutional movement rather than rejection. No floor votes or hearing transcripts are provided, so there is no recorded public debate in the supplied materials, but the committee action implies at least some support for advancing the measure.

Contention

The most likely areas of contention are the bill’s ban on mandates for vaccines, indemnified products, and gene therapy; its restrictions on employer discipline; and its limits on public health emergency authority, including quarantine and vaccination powers. Health officials and employers may object that the bill could hinder outbreak response, workplace safety, and emergency flexibility, while supporters are likely to argue that it protects informed consent, religious and moral objections, and freedom from coercion. The pharmacy provisions may also be disputed because they balance pharmacist discretion against patient access and prescriber notification.

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.