The Committee on Medical Affairs proposes the following amendment (SR-4189.CEM0001S):

Amend the bill, as and if amended, SECTION 100, by striking Section 44-1-100 and inserting:

 Section 44-1-100. AllIf so ordered, all sheriffs and constables in the several counties of this State and police officers and health officers of cities and towns mustmay aid and assist the Director of the Department of Public Health and Environmental Control and mustmay carry out and obey his orders, or those of the Department of Public Health and Environmental Control, to enforce and carry out any and all restrictive measures and quarantine regulations that may be prescribed. During a state of public health emergency, as defined in Section 44-4-130, the director may request assistance in enforcing orders issued pursuant to this chapter and pursuant to Chapter 4, Title 44, from the public safety authority, as defined in Section 44-4-130, other state law enforcement authorities, and local law enforcement. The public safety authority may request assistance from the South Carolina National Guard in enforcing orders made pursuant to this chapter or pursuant to Chapter 4, Title 44, which may be deployed or activated only upon order of the Governor.

Amend the bill further, SECTION 115, Section 44-4-130, by adding a subsection to read:

 (X) "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.
 (Y) "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.

Amend the bill further, SECTION 117, by striking Section 44-4-510(A)(2) and inserting:

  (2) DHECDPH may isolate or quarantine, pursuant to the sections of this act and its existing powers under Section 44-1-140, any symptomatic person or person who has been exposed to the contagious disease for which the public health emergency has been declared whose refusal of physical examination or testing results in uncertainty regarding whether he or she has been exposed to or is infected with athe contagious or possibly contagious disease or otherwise poses a danger to public health.

Amend the bill further, SECTION 117, by striking Section 44-4-520(A)(1) and inserting:

  (1) to vaccinate persons as protection against infectious disease and to prevent the spread of contagious or possibly contagious disease;

Amend the bill further, SECTION 117, by striking Section 44-4-520(A)(3) and inserting:

  (3) to prevent the spread of contagious or possibly contagious disease, DHECDPH 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.

Amend the bill further, SECTION 117, by striking Section 44-4-520(B) and inserting:

 (B) Vaccinations or treatment, or both, must be provided only to those individuals who agreeprovide consent to the vaccinations or treatment, or both.

Amend the bill further, SECTION 117, by striking Section 44-4-520(C)(1) and inserting:

 (C)(1) VaccinationVaccinations may be performed by any qualified person authorized by DHECDPH.

Amend the bill further, SECTION 117, Section 44-4-520, by adding a subsection to read:

 (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.

Renumber sections to conform.

Amend title to conform.