S 54 — Medical Informed Consent

2025-2026 Bill 54 Text of Previous Version (Apr.(Dec.

15,11, 2025)2024) - South Carolina Legislature Online South Carolina General Assembly126th Session, 2025-2026Bill 54Indicates Matter StrickenIndicates New Matter(Text matches printed bills.

Document has been reformatted to meet World Wide Web specifications.) Indicates  Matter  Stricken  Indicates  New  Matter    Committee  ReportA Aprilbill 15,  2025TO  AMEND S.THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT THE "MEDICAL INFORMED CONSENT ACT";

54   Introduced by Senators Martin, Rice, Kimbrell, Leber and Kennedy   S.

Printed 4/15/25--S.

Read the first time January 14, 2025   ________   The committee on Senate Medical Affairs To whom was referred a Bill (S.

54) to amend the South Carolina Code of Laws so as to enact the "Medical Informed Consent Act";

by adding Section 16-17-780 so as to provide that it is unlawful for, etc., respectfully Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

      Amend the bill, as and if amended, SECTION 2, by striking Section 16-17-780(A)(3) and inserting:

       (3) "Vaccine" means a suspension of attenuated or killed microorganisms, or of antigenic proteins derived from them, that is administered for prevention or amelioration of infectious disease;

and which has obtained Emergency Use Authorization, or which has been approved by the U.S.

Food and Drug Administration and has been licensed for use.

       (4) "Novel vaccine" means a vaccine which has obtained Emergency Use Authorization by the U.S.

Food and Drug Administration (FDA), or which has otherwise not been approved by the FDA, or which has been approved by the FDA and marketed to the public for less than ten years.

The term "novel vaccine" does not include vaccines for which the contents have only been modified by antigenic subtype to address the most prevalent strain of virus including, but not limited to, the yearly influenza vaccine.

Amend the bill further, SECTION 2, by striking Section 16-17-780(B) and inserting:

    (B) It is unlawful for any person, partnership, for-profit or non-profit corporation, limited liability corporation, institution of higher learning, or the State and its political subdivisions and their agents that employ one or more employees to mandate employees, contractors, students, patrons, customers, clients, or guests to receive a novel vaccine, indemnified product, or gene therapy described in this section as a precondition for employment, entry into buildings and grounds, attendance, participation, or purchase or receipt of any products and services offered.

Amend the bill further, SECTION 3, by striking Section 41-1-55(A)(6) and inserting:

       (6) "Vaccine" means a suspension of attenuated or killed microorganisms, or of antigenic proteins derived from them, that is administered for prevention or amelioration of infectious disease;

and which has obtained Emergency Use Authorization, or which has been approved by the U.S.

Food and Drug Administration, and has been licensed for use.

       (7) "Novel vaccine" means a vaccine which has obtained Emergency Use Authorization by the U.S.

Food and Drug Administration (FDA), or which has otherwise not been approved by the FDA, or which has been approved by the FDA and marketed to the public for less than ten years.

The term "novel vaccine" does not include vaccines for which the contents have only been modified by antigenic subtype to address the most prevalent strain of virus including, but not limited to, the yearly influenza vaccine.

Amend the bill further, SECTION 3, by striking Section 41-1-55(B) and inserting:

    (B) Employers are prohibited from taking any adverse pre-employment or employment action including, but not limited to, discrimination, termination, suspension, involuntary reassignment, unpaid leave, demotion, harassment, coercion, or retaliation against an individual who declines to receive a novel vaccine, indemnified product, or gene therapy as defined in this section.

Amend the bill further, SECTION 4, by striking Section 40-43-86(E)(1)(f)(6) and inserting:

           (f)(6) number of refills authorized.

No prescription marked "PRN" or any other nonspecified number of refills may be refilled more than two years beyond the date it was originally written;.

Nothing in this subsection abridges the right of a pharmacist to refuse to fill or refill a prescription;  and Amend the bill further, SECTION 4, by deleting Section 40-43-86(E)(2) from the bill.

Amend the bill further, by adding appropriately numbered SECTIONS to read:

SECTION X.

Section 40-43-86 of the S.C.

Code is amended by adding:

      (HH) (A) If a pharmacist refuses to fill a prescription for a patient, the pharmacy shall make a reasonable effort to contact the prescribing practitioner to inform them of the refusal and the reason for such action.

    (B) The requirement shall not apply in cases where:

       (1) The prescription is not being filled due to early refill limitations, quantity restrictions, or other dispensing guidelines, and the pharmacist has communicated this to the patient.

       (2) The pharmacist assists the patient in locating an alternative pharmacy that can dispense the prescribed medication and provides reasonable guidance on transfer options.

    (C) Nothing in this section shall be construed to require a pharmacist to dispense a prescription in violation of state or federal law, professional judgment, or ethical obligations.