Committee advances broad DHEC restructuring bill after contentious amendment on sheriffs and informed consent

A Senate Medical Affairs Committee on Tuesday advanced H4189 — a sprawling code-conformity bill that codifies changes following the split of the Department of Health and Environmental Control into the Department of Environmental Services and the Department of Public Health — but only after the panel adopted a contested amendment from Senator Spartanburg.

The bill, which Mr. Hogan described as “a large bill” aimed principally at striking references to DHEC and aligning statutory language to the two successor agencies, includes three substantive technical reallocations: shellfish inspections and swimming-pool inspection authority to DES and institutional food-preparation inspections (internal operations in hospitals and nursing homes) to DPH. Mr. Hogan said these functions now operate under memoranda of agreement and the bill would codify the arrangements.

Why it matters: The measure touches many provisions across Title 44, and committee members said the changes are widespread enough to require close review. Proponents said the bill mostly cleans up cross-references and makes long-standing interagency practice permanent; opponents warned some inserted language goes beyond mere renaming.

Senator Spartanburg moved an amendment that (1) changes language in the Emergency Health Powers Act so sheriffs and constables “may” rather than “must” aid and assist the director of public health when ordered by the governor; (2) inserts definitions for “gene therapy” and “vaccine”; and (3) constrains isolation and quarantine during an emergency to symptomatic people or known exposures and clarifies what constitutes informed consent for vaccination during a public-health emergency. In explaining the change from “must” to “may,” the amendment’s sponsor argued the existing “must” could conflict with county sheriffs’ constitutional authority.

The amendment prompted a sustained point-of-order and germane debate. Several senators questioned whether the amendment was properly germane to a conformity bill; others said the specific sections cited in the amendment were among those listed in the bill and therefore germane. The chair allowed the committee to adopt the amendment while preserving any germaneness challenge for the full Senate floor.

Committee action: After debate the committee adopted Senator Spartanburg’s amendment and then voted to report H4189 favorably as amended. The chair noted that points of order on germaneness remain preserved for members to raise on the floor.

Quotes: Mr. Hogan summarized the bill’s scope: “This is a large bill because it contains many necessary references to the striking of Department of Health and Environmental Control and replacing it with either Department of Environmental Services or Department of Public Health.” Senator Spartanburg, explaining her amendment, said the change “requires an order from the governor … and states that the sheriffs may aid and assist,” adding it replaces mandatory language that she said could raise constitutional concerns.

Next steps: The committee sent H4189 to the floor with the amendment adopted; any senator may raise the preserved germaneness objection when the measure reaches the full Senate. No floor vote date was set during the committee meeting.