Right to Refuse:
More New Bills for 2024!
Close to 100 legislative proposals have been introduced since January 25 when National Health Freedom Action, our sister organization, took a look at 12 of the Right to Refuse bills filed around the USA for 2024. The following 19 new bills give an example of the approaches that states are taking to protect our rights regarding bodily autonomy in the COVID-19 era:
Arizona SB1407:
Employers must provide reasonable accommodation for employees who have religious objections to vaccination for COVID-19, Flu, or any EUA product unless it would pose an undue hardship and more than a de minimus cost to the operation of the employer’s business. May not inquire into veracity of belief beyond inquiry allowed by federal law. Religious beliefs include moral or ethical beliefs.
Hawaii SB1715:
Adds to Parents’ Bill of Rights that children exempt from K-12 vaccines if parent states in writing that the immunization conflicts with a good faith objection to an immunization that has no long-term health studies, or an immunizing substance that has not been in production for at least twenty years.
Kansas SB390:
Conscientious right to refuse act. Employers, healthcare entities, K-12 or post-secondary schools, or persons shall not take any adverse actions against a person who refuses any vaccination, biologic, pharmaceutical, drug, gene editing technology, DNA- or RNA-based product for reasons of conscience. Civil remedy.
Kentucky SB135:
Any institution of higher education that has a student vaccine mandate, and any employer, including health facilities, that have an employee vaccine mandate, shall allow exemption if the vaccine is medically contraindicated, the student or employee objects based on religious beliefs or other conscientiously held beliefs, or the student or employee refuses the vaccine after being informed of health risks. Civil remedies, including right to sue judge who fails to enforce this law.
Louisiana
HB25: No person or entity may be sued or liable for any damages based on refusal to mandate a COVID-19 vaccination for any employee or customer. No state entity may refuse to permit, renew, or to withhold a business license or professional license solely on the basis of the business refusing to mandate COVID-19 vaccinations.
HB46: No COVID-19 vaccine may be required as a condition of enrollment or attendance at a public or nonpublic school; applicable to licensed day care centers, K-12 schools, and colleges and universities.
Missouri HB2294:
Employers may not take any adverse actions against employees or applicants for failure to receive, or provide proof of, any COVID-19 vaccination. Remedies include civil action with punitive damages; right to jury trial and potential class action suit.
New Hampshire HB1661:
Requires death records to include certain information regarding immunizations received by the decedent. Establishes reporting requirements for the department of health and human services regarding death records and immunizations.
New Jersey
SB380: Any COVID-19 vaccination mandate as a condition of employment, as a condition of receiving services from or through any entity, or for any education program must accept prior infection or immune response as equivalent. Proof of immunity only to be provided voluntarily; any entity may accept verbal confirmation of immunity.
AB1307: “Informed Consent for Vaccinations Act.” At least 48 hours prior to any vaccine administration healthcare provider shall furnish copy of vaccine insert and notice of VAERS, including how to report injuries, Reportable Events Table, and Vaccine Injury Table. Vaccine may not be given unless patient returns signed copy of insert confirming consent. Healthcare provider may not refuse services based on declining a vaccine. Other provisions.
AB742: Phases out use of mercury-containing vaccines over three-year period. Includes threshold values and other provisions.
SB379: “Children’s Vaccination Bill of Rights Act.” Religious liberty to be applicable to vaccine policies. A child shall not be forced to receive a vaccine to hold their rights under New Jersey Constitution. Vaccines to be studied by independent parties. Parents to be told of vaccine ingredients and possible risks prior to vaccination. State shall be liable for any harm caused by vaccines mandated by it. Other provisions.
South Dakota HB1166:
Public and private employees have the right to evaluate all available efficacy data and decide whether to wear a facemask at work. Employers may not take adverse action but may require employees to work at alternate location. Right to civil suit. Bill not applicable to employers required to mandate facemasks under federal law.
Tennessee SB2358/HB2548:
If an individual or member of the individual’s household objects to an immunization on the basis of religious or moral convictions, then the Department of Children’s Services shall not require the individual or member of the individual’s household to undergo any immunization as a condition of adopting or fostering children.
West Virginia
SB553: Adds religious exemption to K-12 vaccine mandates. If parent submits statement, student shall be exempt. Remedy.
HB5141: State institutions of higher education shall accept vaccine exemptions based religious, medical, or right of conscience objections.
SB520: “Informed Consent for Vaccinations Protection Act.” No discrimination in health care or insurance based on vaccine status. Healthcare providers may not accept bonus for vaccinations. CPS may not investigate based on child vaccine status. Notice of rights required. Penalties.
HJR24: Proposed “Right to Refuse Medical Procedures” constitutional amendment. Recognizes the right to refuse medical treatments, injections, devices, vaccines, or prophylactics and provides equal protection under the law and the right to public accommodation for persons that exercise this right.
HB5206: Provides that the decision of a parent, guardian, or custodian not to have a child vaccinated is not child abuse.