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UPDATE: 5/9/2024 - S.975 died, it failed to pass the full Senate before the second regular session ended on 5/9/2024.
UPDATE: 4/17/2024 - S.975 was amended in the Senate Medical Affairs Committee and adopted on the Senate floor on 4/17/2024. View the amended version HERE. This amendment requires the Department of Public Health to monitor the safety and efficacy of vaccines administered during public health emergencies. The references to evidence-based data determined to validate vaccines administered, including VAERS data, must be prominently posted on the department's public website. This amendment does not change NVIC's position on the bill.
UPDATE: 3/27/2024 - S.975 was reported Favorable with amendment in the Senate Medical Affairs Committee on 3/27/2024. View the amended version HERE. This Amendment clarifies the requirement of informed consent prior to vaccination in an emergency situation by the Department of Public Health and defines "informed consent" to mean 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 an explanation of the vaccine written in understandable language, a description of the potential health outcomes resulting from the vaccine, and language that clearly indicates the individual agrees to the administration of the vaccine free from coercion. This amendment does not change NVIC's position on the bill.
UPDATE: 3/1/2024 - S.975 is scheduled for a hearing in the Senate Medical Affairs Committee on Thursday, 3/14/2024 at 9:00AM in Room 105 in the Gressette Building. View the Hearing Agenda HERE.
S.975 was introduced in the Senate and referred to the Senate Medical Affairs Committee on 1/18/2024. This bill is sponsored by Senator Shane Martin and Senator Tom Corbin.
S.975 prohibits business, non-profit organizations, colleges, schools, and employers from mandating any novel vaccine or gene therapy; prohibits employer discrimination based on an individual's vaccine or gene therapy status; prohibits the Director of the Department of Health and Environmental Control from requesting assistance from peace or health officers in enforcing orders pursuant to this chapter; provides definitions related to emergency health powers; prohibits a vaccine used to prevent the spread of a contagious disease from being a gene therapy; removes the licensing board requirement that in-state health care providers must assist in vaccinations during a declared emergency; and removes liability protection for emergency medical assistant medical examiner or coroner appointed pursuant to this section for damages resulting from their services. This is a broad Medical Freedom bill to be titled, "Medical Freedom Act."
SECTION 2. of S.975 amends South Carolina Code of Laws to add a new section to be numbered §16-17-780 under Title 16, related to crimes and offenses, and Chapter 17, related to offenses against public policy. This new section is summarized as follows:
(A) defines various terms, including "novel vaccine" to mean a vaccine which has obtained Emergency Use Authorization, or which has not been approved by the US Food and Drug Administration, or which has been licensed for use for less than ten years; and "gene therapy" to mean any technique that attempts to prevent or cure a disease or to enhance or change the genetics of a person by insertional mutation of DNA sequences or through manipulation of genetic expression via synthetic mRNA-directed protein synthesis.
(B) prohibits an employer from discriminating against any prospective or current employee based on their vaccine or gene therapy status.
(C) provides criminal penalties for violations of this section, including a misdemeanor charge and a fine or imprisonment for not more than one thousand dollars ($1,000) or one year imprisonment for a first offense up to a felony charge for a third or subsequent offense.
SECTION 3. of S.975 amends South Carolina Code of Laws Title 41, related to labor and employment, by adding a new section to be numbered §41-1-55, summarized as follows:
(A) defines terms in this section, including "vaccine" to mean a suspension of attenuated or killed microorganisms, or of antigenic proteins derived from them, that is administered by injection for the purpose of prevention, amelioration, or treatment of infectious diseases.
(B) prohibits an employer from discriminating against any prospective or current employee based on their vaccine or gene therapy status.
(C) prohibits an employer from requiring their employee to receive any vaccine not already mandated by the Department of Public Health.
(D) creates cause of action for any aggrieved employee to have the right to apply for and receive unemployment benefits, back pay, front pay, lost wages, consequential damages, emotional damages, court and litigation costs, and attorney fees.
(E) establishes that employers may be liable for punitive damages in the treble amount of the actual damages awarded to any aggrieved employee or prospective employee if the employer willfully or maliciously discriminated against them or commits a violation of this section.
SECTION 5. of S.975 amends South Carolina Code of Laws §44-1-100, related to assistance from peace and health officers, to repeal the authority of the Director of the Department of Public Health to request assistance in enforcing orders issued pursuant to this chapter and pursuant to §44-4-130. This section also repeals the authority of the public safety authority to request assistance from the South Carolina National Guard in enforcing orders made pursuant to this chapter or pursuant to Chapter 4, Title 44, related to Emergency Health Powers. This section also replaces the Director of the Department of Health and Environmental Control with the Director of the Department of Public Health related to that director's authority to order all sheriffs and constables in several counties of the State and police officers and health officers of cities and towns to aid and assist the Director to enforce and carry out any and all restrictive measures and quarantine regulations that may be prescribed.
SECTION 6. of S.975 amends South Carolina Code of Laws §44-4-130, related to definitions of emergency health powers, to add the following definitions:
(A) "approved pharmaceutical agent" to mean "an antitoxin, serum, vaccine, immunizing agent, or antiviral, antibiotic, or other drug which has been approved by the US FDA; prevents infection, reduces transmission or decreases morbidity and mortality associated with a public health threat; and is not a novel medical treatment."
(L) "gene therapy" to mean "any technique that attempts to prevent or cure a disease or to enhance or change the genetics of a person by insertional mutation of DNA sequences or through manipulation of genetic expression via synthetic mRNA-directed protein synthesis.
(Q) "novel medical treatment" to mean "a pharmaceutical product, such as an antitoxin, serum, vaccine or other immunizing agent, gene therapy, or antiviral, antiviral, antibiotic, or other drug, procedure, or therapy which has obtained emergency use authorization, which has otherwise not been approved by the US FDA, or which has been licensed for use for less than ten years."
(AA) "vaccine" to mean "a suspension of attenuated or killed microorganisms, or of antigenic proteins derived from them, that is administered by injection for the purpose of prevention, amelioration, or treatment of infection diseases."
SECTION 7. of S.975 amends South Carolina Code of Laws §44-4-330, related to the purchase and distribution of pharmaceutical agents or medical supplies and rationing and quotas, to remove the department's ability to purchase, store, procure, and distribute "antitoxins, serums, vaccines, immunizing agents, antibiotics," that are not approved pharmaceutical agents or medical supplies considered advisable in the interest of preparing for or controlling a public health emergency, without any additional legislative authorization.
SECTION 10. of S.975 amends South Carolina Code of Laws §44-4-520, related to vaccinations and treatment, to clarify that a vaccine administered by the department during a state of public health emergency on a person as protection against an infectious disease or to prevent the spread of a contagious or possibly contagious disease pursuant to this section must not be a gene therapy.
SECTION 13. of S.975 amends South Carolina Code of Laws §44-4-570, related to emergency powers regarding licensing of health personnel, to prohibit the Department of Public Health in coordination with the appropriate licensing authority and the Department of Labor, Licensing, and Regulation from requiring any health personnel to assist in the administration of vaccination of any individual as a condition of licensure, authorization, or the ability to continue to function as a health care provider in the State of South Carolina. This section also removes liability protection for any emergency assistant medical examiner or coroner appointed pursuant to this section for damages resulting from services related to and performed during the period of appointment unless the damages result reckless negligence.
If passed, S.975 will become effective July 1, 2024.
NVIC SUPPORTS of S.975 because it provides broad protections for citizens in the state from governmental abuses of power as were seen during the spread of COVID-19 related to violations of informed consent to vaccination and vaccination status discrimination. This bill also codifies into law a distinction between a vaccine and a gene therapy agent. Vaccines are pharmaceutical products that carry a risk of injury and even death. Gene therapy products, like vaccines, also carry risks but many of those risks are yet unknown. There are insufficient safety data to support the use of gene therapy products, such as COVID-19 vaccines, in humans. NVIC called for a withdrawal of mRNA COVID-19 vaccines in a January 26, 2023, publication due to inadequate proof of safety and effectiveness. NVIC opposes all vaccine mandates and supports informed consent for all individuals, which includes the right to refuse a vaccine without coercion, harassment, or penalty.
https://www.scstatehouse.gov/billsearch.php?billnumbers=975 - text, status, and history S.975
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