Record Breaking 475 Bills Worth Supporting
in State Legislatures this Year
More vaccine associated laws has been filed in state legislatures throughout the nation in 2022 than in every other yr.
The COVID-19 pandemic has confirmed to be an historic alternative to encourage lively citizen involvement within the regulation making course of and educate state legislators in regards to the pressing want to guard the human and authorized proper to train voluntary, knowledgeable consent to vaccination.
After greater than a decade of grassroots organizing and centered public training efforts within the states, this yr NVIC’s 2022 Annual Report on U.S. State Vaccine Legislation gives proof the tide is lastly handing over our 40-year mission to stop vaccine accidents and deaths by way of public training and safe vaccine knowledgeable consent protections in U.S. public well being insurance policies and legal guidelines.
2022 Session Has Most Vaccine Related Bills
The nonprofit instructional charity National Vaccine Information Center (NVIC) experiences that through the 2022 legislative session, NVIC analyzed, tracked and issued positions on an unprecedented 875 vaccine associated payments in 44 states and the District of Columbia (D.C.) by way of the NVIC Advocacy Portal.
This was the very best variety of payments monitored within the historical past of NVIC’s state-based legislative advocacy program, which was established in 2010, and it’s near 4 occasions the variety of vaccine-related payments proposed in a single yr in state legislatures.
Since its institution in 1982, NVIC has supplied well-referenced, correct info to the general public about vaccine science, coverage, and regulation and defended the moral precept of knowledgeable consent to medical danger taking. NVIC doesn’t make vaccine use suggestions.
NVIC is against obligatory vaccination and in addition has labored with households and state legislators to retain or safe versatile medical, spiritual and conscientious perception exemptions in current U.S. public well being insurance policies and legal guidelines.
In 2010, NVIC launched the NVIC Advocacy Portal (NVICAP), a free on-line vaccine selection advocacy community, for the aim of securing and defending knowledgeable consent protections in U.S. vaccine insurance policies and legal guidelines. Over the final 13 years, the NVIC Advocacy Program has analyzed, tracked, and issued positions on 2,471 vaccine-related payments.
NVICAP employees work collaboratively and share legislative info with U.S. well being freedom teams and people supporting NVIC’s four-decade name for the safety of vaccine knowledgeable consent rights in America.
The NVIC Advocacy Portal workforce, which incorporates volunteer NVIC Advocacy state administrators and mission aligned teams, work with households and enlightened well being care professionals to coach legislators and defend vaccine knowledgeable consent rights by advocating for voluntary vaccination and dealing to retain or safe versatile medical, spiritual and conscientious perception vaccine exemptions in current public well being legal guidelines.
NVIC points motion alerts and distributes them by way of e mail, on-line posts, social media, and our textual content alert program. The NVIC Advocacy Team gives referenced, correct vaccine info and speaking factors for NVICAP customers to coach legislators.
When this report was written in early November 2022, some states nonetheless had lively vaccine-related payments filed for 2022, or their respective legislative classes had been in recess however nonetheless may very well be reactivated to work on payments. Other states have payments that may carry over till subsequent session. For these causes, it’s particularly essential for registered customers of the Portal to test it repeatedly as a result of final minute legislative exercise requiring your motion remains to be attainable.
Information about payments referenced on this report are revealed on the NVIC Advocacy Portal. Registered customers can get hold of a extra detailed invoice evaluation, together with present standing, in addition to NVIC’s place on every invoice, together with any advisable motion. Bills that show as a default are the payments which might be present for this yr.
However, deciding on the view to show expired payments will present all different payments chosen for inclusion on the Portal since 2010. This gives a singular and historic perspective not provided on every other web site.
Some payments revealed on the NVICAP additionally comprise language that falls exterior of NVIC’s mission. Bill evaluation and NVIC positions revealed on the Portal are centered on sections that fall inside NVIC’s mission.
Far More Bills Worth Supporting Than Opposing in 2022
The 2022 legislative session featured 475 payments worthy of NVIC’s help, which implies that this yr NVIC supported extra vaccine-related payments posted on the NVICAP than throughout any legislative session since NVIC launched the Advocacy Portal in 2010. Only 186 payments out of the 875 tracked on the portal had been marked as payments that needs to be opposed.
2022 marks the second consecutive yr wherein NVIC supported extra vaccine-related payments than we opposed and, this yr, there have been greater than twice as many good vaccine payments launched in state legislatures than dangerous ones. The ratio of payments supported to payments opposed has grown to greater than 2.5 to 1.
There had been 214 payments tracked on NVICAP in 2022 that had been marked as a invoice to “watch.” This is often performed as a result of our evaluation signifies the invoice might have been well-intentioned and even might have had sections price supporting, however contained issues that may very well be fastened with amendments.
Sharing this info resulted in lots of optimistic modifications to payments, as constituents used this info to share with their legislators. Legislators and employees additionally reached out to NVIC Portal employees for perception into how they might amend their payments to earn NVIC’s help.
When evaluating the variety of payments NVIC supported to these NVIC opposed, a powerful 32 states had extra payments filed that had been worthy of supporting than opposing. Of these 32 states, 9 states had no opposition payments filed in any respect: Colorado, Indiana, Kansas, Kentucky, Oklahoma, Oregon, South Dakota, Tennessee, and Washington.
Only 5 states filed extra payments that NVIC opposed than supported: California, Hawaii, Massachusetts, New York, and Pennsylvania. The District of Columbia was the one location within the U.S. the place NVIC opposed all vaccine-related payments and supported none.
This reveals us that almost all of states have legislators, who’re listening to constituent considerations. These conscientious lawmakers have responded to the unprecedented infringement on human rights and civil liberties that many Americans have endured through the federal COVID pandemic response.
State legislatures in Arkansas and New Mexico had been the one ones in lively session this yr the place no vaccine associated payments had been filed. Connecticut, Utah and Maine had no vaccine associated payments designated for NVIC help or opposition, solely watching. Montana, Nevada, North Dakota, and Texas have biennial legislative classes and didn’t maintain a session in 2022, as their classes are held in odd numbered years.
Highlights From 2022 Enacted Bills
There are some important and optimistic take away factors from the 2022 legislative session:
No state legislatures handed payments with COVID-19 mandates — However, 13 states had payments that attempted to enact COVID-19 vaccine mandates for some a part of their inhabitants; expressly gave legislative clearance to sure entities to mandate, or tried to take away restrictions on mandates already handed. These states are: California, Florida, Idaho, Illinois, Louisiana, Massachusetts, Minnesota, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Wyoming. Fortunately, none of those payments handed. The D.C. Council did nonetheless move District of Columbia B24-0423 to mandate COVID-19 vaccines for all public, personal and parochial college college students. |
No state legislature handed any payments mandating any sort of vaccine — This is huge information contemplating in earlier years we have now seen legislative mandates for a lot of different vaccines. |
No state legislature handed a invoice giving minors the authorized authority to consent to vaccination on their very own with out the information or consent of their dad and mom — California, Louisiana, Massachusetts, Minnesota, New Hampshire, New Jersey, New York, Pennsylvania, South Carolina, Vermont, and Wisconsin had payments that attempted so as to add minor consent in some capability. The largest win on this class was the defeat of California SB 866, which might have allowed minors age 15 and older to consent to vaccination with out acquiring permission from their dad and mom. This invoice handed the California Senate, however it was stopped within the California Assembly. The D.C. Council handed a few payments permitting sure minors to consent to vaccines, however all state legislatures stopped all minor consent payments. |
The majority of COVID-19 associated payments that handed defend liberty — There had been 28 payments that handed which particularly named COVID-19 associated illness management measures, however 23 of them had provisions particularly prohibiting COVID vaccine mandates or vaccine passports and defending knowledgeable consent rights. Only 5 of the 28 COVID-19 associated payments had been opposed by NVIC. |
25 states have handed some type of protecting language that prohibits COVID-19 vaccine passports or COVID-19 vaccine mandates in some capability when payments that handed in 2021 are mixed with the payments that handed in 2022. These states are: Alabama, Alaska, Arkansas, Arizona, Florida, Georgia, Iowa, Indiana, Kansas, Kentucky, Louisiana, Michigan, Missouri, Mississippi, Montana, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Utah, and West Virginia. |
21 states within the U.S. now prohibit forcing college students to get COVID photographs as a requirement to attend college, and an extra three states prohibit COVID vaccine mandates for college students below 12 years outdated as a situation for attending college by the use of legislative and govt motion in 2021 and 2022. This is particularly essential in consideration of considerations introduced up by the latest addition of the COVID-19 vaccine to the childhood vaccine schedule by the Advisory Committee on Immunization Practices (ACIP) of the U.S. Centers for Disease Control (CDC). These 21 states are: Alaska, Arkansas, Arizona, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Michigan, Mississippi, Missouri, Montana, Nebraska, New Hampshire, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, and West Virginia. The ban restricted to college students below 12 years outdated applies in North Dakota, Ohio, and Utah. The payments that had been handed in three states prohibiting COVID vaccine mandates for kids below age 12 specify the ban applies to mandates of Emergency Use Authorization (EUA) vaccines solely and, since there are presently no COVID-19 vaccines licensed for kids below 12, mandates for kids below 12 are prohibited. |
2022 Enacted Bills
Out of the 55 vaccine-related payments that had been enacted in 2022, NVIC supported 19, opposed 18, and watched 18. Of the 18 watched payments, 14 included some optimistic parts worthy of help and two had been watched as a result of the components that had been opposed had been efficiently eliminated earlier than the payments handed.
The breakout and evaluation of vaccine-related payments that handed in these totally different classes identifies traits throughout the states. This serves as a information to educating state legislators and communities in 2022, and it reveals why it’s so essential to talk up and defend vaccine knowledgeable consent rights.
Now greater than ever, it’s vital that individuals proceed to be concerned within the legislative course of in any respect ranges of metropolis, county, state, and federal authorities, which incorporates studying the place candidates stand on points essential to your loved ones and voting accordingly, and persevering with to coach legislators, your governor, and native officers to be able to defend knowledgeable consent and reject discrimination, segregation and compelled vaccination.
Your voices are making an enormous distinction as you possibly can see on this report, together with all of the optimistic payments that had been handed defending knowledgeable consent rights listed under. NVIC has grouped the payments that handed, which NVIC supported, into the next classes:
Prohibiting COVID-19 Mandates or Passports |
Prohibiting Discrimination over COVID-19 Vaccine Status |
Adding or Expanding Exemptions to COVID-19 Mandates |
Acknowledging Natural Immunity |
Improving Vaccine Exemptions and Limiting Mandates apart from COVID |
Prohibiting Discrimination primarily based on any Vaccination Status |
Limiting Emergency Powers |
Limiting and Eliminating Vaccine Tracking |
Some payments could also be included in a number of classes.
Prohibiting COVID-19 Vaccine Mandates or Passports
Businesses and state and native authorities entities go too far once they require patrons, staff, or residents to obtain injections of organic merchandise that may injure or kill them and have unknown future penalties.
People want the safety granted by legal guidelines when authorities entities or personal enterprise violate knowledgeable consent rights, similar to requiring use of a pharmaceutical product, which carries recognized and unknown dangers that may be larger for some folks, as a situation of holding a job or getting a faculty training.
There had been 14 payments handed on this legislative session that affected 11 states and prohibited COVID-19 vaccine mandates or vaccine passports, which NVIC supported or contained sections that NVIC supported.
Arizona HB 2498 — Prohibits authorities entities from requiring COVID-19 vaccination, besides healthcare establishments owned or operated by the state. |
Arizona HB 2371 — Prohibits authorities entities from requiring kids to obtain a COVID-19 vaccine with out parental consent. |
Arizona HB 2086 — Prohibits the Arizona Department of Health Services director from mandating the COVID-19 vaccine for kids to attend college. |
Georgia SB 345 — Prohibits state and native governmental entities and colleges from requiring proof of COVID-19 vaccination for providers. |
Iowa HF 2298 — Prohibits COVID-19 vaccine mandates for childcare, college and school till July 1, 2029. |
Indiana HB 1001 — Prohibits authorities entities from requiring vaccine passports with exceptions and permits employers to mandate COVID-19 vaccines with restricted exemptions. (Also posted in “Adding Exemptions to COVID-19 Mandates”) |
Michigan HB 5783 — Prohibits requiring proof of COVID-19 vaccination and gives privateness safety in a Department of Agriculture and Rural Development Budget invoice. |
Missouri HB 1606 — Prohibits political subdivisions together with cities, cities, villages, colleges, and many others. from mandating COVID-19 vaccines for employment, however this doesn’t apply to healthcare services or ambulance providers. |
Mississippi HB 1509 — Prohibits state companies from refusing service or discriminating towards an individual primarily based on COVID-19 vaccination standing (with some exceptions), and prohibits COVID vaccine mandates for college attendance. (Also posted in “Prohibiting Discrimination over COVID-19 Vaccine Status”) |
New Hampshire HB 1455 — Prohibits state and native enforcement of federal COVID-19 vaccine mandates with a well being care facility exception. |
New Hampshire HB 1495 — Prohibits governmental entities from forcing companies to require proof of any vaccination together with COVID and prohibits passports demonstrating proof of “immunity.” (Also posted in “Improving Vaccine Exemptions and Limiting Mandates Other than COVID”) |
South Carolina H 3126 — Prohibits the state and colleges from mandating COVID-19 vaccine, permits cost of unemployment advantages for fired staff, and prohibits discrimination towards individuals who haven’t obtained COVID vaccine in public lodging. (Also posted in “Prohibiting Discrimination over COVID-19 Vaccine Status”) |
Tennessee SB 1884 — Prevents sections of a present good regulation handed in 2021, which prohibits authorities COVID vaccine mandates, from expiring on July 1, 2023. |
West Virginia HB 4012 — Prohibits requiring COVID-19 vaccination for entry to state entities and hospitals until the federal authorities requires it. |
Prohibiting Discrimination Over COVID-19 Vaccine Status
It isn’t sufficient to guard the authorized proper to train knowledgeable consent within the vaccine resolution making course of and to ban vaccine mandates. An employer, the federal government, or a enterprise shouldn’t be capable of legally discriminate towards you and retaliate for declining a vaccine you’ve got determined you don’t need or want.
Some states, which have prohibited employer vaccine mandates or required exemptions to employer vaccine mandates, have seen employers make working situations so depressing for an worker declining a vaccine that the protections in place for permitting staff to train knowledgeable consent to vaccination do little good. Anti-discrimination provisions should accompany authorized protections prohibiting mandates.
There had been eight payments handed in seven states that prohibited features of discrimination tied to COVID-19 vaccine standing, which NVIC supported or contained sections that NVIC supported.
Arizona SB 1494 — Prohibits disqualifying people for unemployment advantages if they’re fired for refusing a COVID-19 vaccine. |
Missouri SB 710 — Prohibits taking organ donor and recipient COVID-19 vaccination standing into consideration through the organ transplant course of, with exclusions for lung transplants. |
Missouri HB 2331 — Prohibits taking organ donor and recipient COVID-19 vaccination standing into consideration throughout organ transplant course of, with exclusions for lung transplants. |
Mississippi HB 1509 — Prohibits state companies from refusing service or discriminating primarily based on COVID-19 vaccination standing, with some exceptions, and prohibits COVID vaccine mandates for college attendance. (Also posted in “Prohibiting COVID-19 Vaccine Mandates or Passports”) |
New Hampshire HB 1003 — Prohibits most healthcare suppliers from discriminating towards sufferers primarily based on their vaccination standing. (Also posted in “Prohibiting Discrimination Based on Vaccination Status for Any Vaccine”) |
South Carolina H 3126 — Prohibits the state and colleges from mandating COVID-19 vaccines, permits unemployment for workers fired, and prohibits discrimination in public lodging. (Also posted in “Prohibiting COVID-19 Vaccine Mandates or Passports”) |
Tennessee SB 568 — Prohibits discrimination primarily based on COVID-19 vaccination standing for placement on transplants and organ ready lists. |
Wyoming HB 82 — Ensures that Wyoming state advantages for veterans embody these discharged for refusing a COVID-19 vaccine. |
Adding or Expanding Exemptions to COVID-19 Mandates
There is legit concern that when state legislatures add exemptions to vaccine mandates in grownup workplaces, the act of including the exemption into state regulation is de facto state authorities endorsement of personal companies requiring vaccination as a situation of employment. Informed consent rights are violated when the federal government condones — and even encourages — companies and personal companies to require vaccination as a situation of employment.
While NVIC is against vaccine mandates in state regulation, state legislatures, which have codified and expanded vaccine exemptions, have helped many individuals who don’t need a COVID-19 vaccine hold their jobs, keep in class, or proceed to obtain authorities providers.
This legislative session, there have been 5 payments in 5 states, which added or expanded vaccine exemptions associated to some facet of COVID-19 vaccine mandates.
- Indiana HB 1001 — Prohibits authorities entities from requiring vaccine passports, with exceptions, and permits employers to mandate COVID-19 vaccine, with restricted exemptions. (Also posted in “Prohibiting COVID-19 Vaccine Mandates or Passports”)
- Michigan SB 845 — Requires neighborhood faculties that mandate COVID vaccine and obtain sure funds to offer exemptions – in an Education Budget invoice.
- Nebraska LB 906 — Requires sure employers to permit for medical and spiritual exemptions to COVID-19 vaccine necessities for employment.
- Tennessee SB 1823 — Requires employers mandating proof of COVID-19 vaccination to grant medical and spiritual exemptions.
- Utah HB 63 — Requires employers mandating COVID-19 vaccines to permit exemptions, with some exceptions.
Acknowledging Natural Immunity
Naturally acquired immunity from earlier an infection has lengthy been acknowledged as being superior to vaccine acquired synthetic immunity. The larger means of pure immunity to stop an infection in comparison with the lack of COVID-19 vaccine to reliably forestall an infection, has been acknowledged.
While it’s NVIC’s place that employers shouldn’t be permitted to mandate vaccination as a situation of employment, the acceptance of pure immunity derived from a earlier SARS-CoV-2 an infection in lieu of receiving COVID vaccine will assist some folks subjected to present employer mandates hold their jobs. Tennessee handed a invoice requiring pure immunity to be acknowledged.
- Tennessee HB 1871 — Prohibits entities from adopting COVID vaccine mandates that fail to acknowledge naturally acquired immunity.
Improving Exemptions and Limiting Mandates Other Than COVID
Vaccination needs to be an opt-in course of that enables folks the liberty to make knowledgeable selections with out threats, coercion, or any type of societal sanction or punishment. Individuals ought to be capable to train knowledgeable consent to make use of a pharmaceutical product or medical intervention that carries a danger with out having to file an exemption or bounce by way of different bureaucratic hoops, similar to formally opting-out of vaccine mandates and authorities operated digital vaccine monitoring methods.
New Hampshire handed one invoice to decrease the authorized burden of acquiring a notarization on vaccine exemptions for college kids and one other invoice to stop authorities entities from requiring companies to restrict entry primarily based on vaccination standing with any vaccine which would come with the COVID-19 vaccine.
- New Hampshire HB 1035 — Removes the notarization requirement for spiritual vaccine exemption requests for college vaccine mandates.
- New Hampshire HB 1495 — Prohibits governmental entities from forcing companies to require proof of any vaccination and prohibits passports demonstrating proof of “immunity.” (Also posted in “Improving Vaccine Exemptions and Limiting Mandates Other than COVID”)
Prohibiting Discrimination by Shot Status for Any Vaccine
It is a welcomed change that some legislatures are beginning to make progress on enacting the prohibition of discrimination primarily based on vaccination standing. These Florida and New Hampshire payments acknowledge that individuals had been being penalized over their vaccination standing in particular areas and put an finish to it. Filing and passing extra payments like these is a excessive precedence.
- Florida SB 988 — Prohibits healthcare services from stopping visitation of in-patients primarily based on a customer’s vaccination standing.
- New Hampshire HB 1003 — Prohibits most healthcare suppliers from discriminating towards sufferers primarily based on their vaccination standing. (Also posted in “Prohibiting Discrimination over COVID-19 Vaccine Status”)
- New Hampshire HB 1280 — Prohibits utilizing dad and mom’ selections to not vaccinate their kids as proof in any authorized continuing to terminate parental rights.
Limiting Emergency Powers
Legislation that prohibits vaccine mandates by way of train of emergency powers by public well being officers is one other excessive precedence, particularly for COVID-19 vaccine, a vaccine that doesn’t reliably forestall transmission, extreme sickness or deaths. Virginia SB 431 falls wanting this, however a minimum of it acknowledges that overzealous quarantine insurance policies harm kids by protecting them out of college for a lot too lengthy. The invoice is a small step in the suitable route.
- Virginia SB 431 — Requires the Board of Education and the Department of Health to suggest choices and alternate options to the quarantining of the COVID optimistic college students and staff of public colleges.
Limiting and Eliminating Vaccine Tracking
NVIC has opposed the obligatory inclusion of Americans in authorities operated digital vaccine and well being data monitoring methods for the reason that Nineties. Once private medical info is put right into a state authorities database, federal regulation permits that info to be shared with out information or consent for conducting public well being surveillance, investigations, analysis, or interventions and for public well being functions.
See 45 CFR 64.512(b)(2) and see an inventory of core information parts that may be gathered and included in digital vaccine monitoring registry methods.
Forced inclusion, compelled reporting, and opt-out (quite than opt-in) digital vaccine monitoring registries and obligatory vaccination methods proceed to threaten the medical privateness of residents and their authorized proper to say no vaccines with out being subjected to coercion or societal sanctions.
NVIC is prioritizing laws that features opt-in knowledgeable consent protections in vaccine monitoring registries, as New Hampshire did with HB 1606, and removes public funding for vaccine registries that don’t embody opt-in knowledgeable consent protections.
- Arizona SB 1346 — Prohibits state staff and contractors from inquiring about an individual’s vaccination standing whereas making door-to-door house contact with residents.
- New Hampshire HB 1606 — Requires people to present opt-in consent for his or her info to be included within the state’s digital vaccine monitoring registry.
- New Hampshire HB 1608 — Requires the well being division to conduct a public info marketing campaign to tell those who if their COVID-19 vaccine standing info has been entered into the state’s digital vaccine monitoring registry with out their information or consent, it may be eliminated.
- New Hampshire HB 1488 — Expands the entities which might be prohibited from discriminating towards people who decline to be included within the state’s digital vaccine monitoring registry.
WINS: Bills NVIC Initially Opposed however Changed for the Better
There had been a number of payments this session, which NVIC initially opposed, that had been amended in response to NVIC’s considerations. There had been three payments, which finally handed with amendments that utterly eliminated sections that NVIC had opposed.
- California AB 1102 — Is a invoice regarding telemedicine, however the proposed offensive modification to permit employers to mandate COVID-19 vaccines for workers was not adopted.
- California SB 1302 — Initially would have supplied further funding for vaccines in school well being facilities. This provision was faraway from the invoice earlier than it handed, however the invoice was finally vetoed.
- Connecticut SB 457 — As amended, removes the expiration date for medical assistant training necessities. NVIC opposed the invoice’s language that might have expanded the vaccine monitoring registry and mandated that individuals of all ages be included in it. That provision was faraway from the invoice earlier than it handed.
Opposed Bills That Passed
Out of 186 payments filed, which NVIC opposed, all however 18 had been killed. The adverse vaccine-related payments, which did move within the 2022 legislative session, had been confined to eight states and the District of Columbia.
California SB 1419 — Prohibits dad and mom from accessing the vaccination data of their minor kids for any vaccine wherein California regulation permits a minor youngster to consent. |
California AB 2098 — Subjects medical doctors to medical board self-discipline and lack of licensure for offering COVID-19 recommendation or remedy that doesn’t conform with “scientific consensus.” |
California AB 1797 — Mandates reporting of race and ethnicity to the state digital vaccine monitoring system and assessments by colleges and county human providers, and mandates the reporting of the vaccination standing for California residents of all ages. |
District of Columbia B24-0891 and District of Columbia B24-0890 — Both enable sure minors to consent to vaccines with out parental consent and permits medical doctors and different vaccine suppliers to vaccinate minors after a failed “reasonable” try and get hold of parental consent. |
District of Columbia B24-0423 — Mandates COVID-19 vaccines for all public, personal and parochial college college students and mandates reporting. |
District of Columbia B24-0920 — Requires the DC Department of Health to report back to the DC Council on the numbers of unvaccinated public college college students and on efforts to extend compliance with vaccine mandates. |
Delaware SB 253 — Allows nursing properties and assisted dwelling services to require employees to obtain influenza vaccinations. |
Illinois HB 1167 — Denies advantages to highschool staff, who haven’t obtained all advisable COVID19 vaccinations, whereas offering advantages to those that are “fully” vaccinated. |
Maryland SB 168 — Mandates the reporting of any vaccines given to long-term care facility residents to the state digital vaccine monitoring registry. |
Missouri HB 2116 — Enacts the “No Patient Left Alone Act,” which fails to guard in-patients and guests to hospitals from discrimination primarily based on their vaccination standing. |
North Carolina HB 103 — Expands entry to non-public info within the state digital vaccine monitoring registry with out consent by way of an modification in an Appropriations Act. |
New Hampshire HB 1487 — Codifies into regulation the New Hampshire HHS requirement for well being care suppliers to signal vaccine monitoring registry withdrawal varieties for minors which might be filed by dad and mom. |
New Hampshire HB 1604 — Limits spiritual and medical vaccine exemptions for people who fall below the federal authorities’s CMS vaccine mandate. |
Pennsylvania HB 2679 — Allows pharmacists and interns to manage influenza and COVID-19 vaccines to kids 5 years outdated and older with parental consent, and requires reporting of these vaccinations to the state digital vaccine monitoring registry. (Also posted in “Expanding Vaccine Administrators”) |
Expanding Vaccine Administrators
Three states expanded authority for sure people to manage vaccines. There is legit concern that pharmacists have much less coaching than medical doctors or nurses when it comes to figuring out and screening out kids and adults, who’re doubtlessly at high-risk for struggling vaccine reactions and shouldn’t be vaccinated, and for recognizing and finally reporting critical well being issues, accidents and deaths following vaccination to the federal Vaccine Adverse Event Reporting System (VAERS).
- Alaska HB 145 — Codifies into state regulation the authority of pharmacists to immediately prescribe and administer vaccines.
- Pennsylvania HB 2679 — Allows pharmacists and interns to manage influenza and COVID-19 vaccines to kids 5 years outdated and older with parental consent, and requires reporting of these vaccinations to the state digital vaccine monitoring registry. (Also posted in “Opposed Bills that Passed”)
- Virginia HB 1323 — Allows pharmacists to manage vaccines to kids three years outdated and older below a statewide protocol developed by the Board of Pharmacy in collaboration with the Board of Medicine and the Department of Health vaccines included on the Immunization Schedule revealed by the Centers for Disease Control and Prevention or which have a present emergency use authorization from the U.S. Food and Drug Administration.
- Virginia HB 939 and SB 647 — Gives authority to the Board of Health to permit individuals, who aren’t usually licensed to manage vaccines, to take action by way of emergency orders.
Unnecessary Bills
Sometimes payments are handed, which aren’t significant. New Hampshire SB 288 was initially filed to ban COVID-19 vaccine mandates for kids. It was considerably downgraded to a examine invoice, so it fails to guard kids from COVID-19 mandates for daycare or college attendance.
- New Hampshire SB 288 — Establishes a committee to check the itemizing of immunizations required for kids and take testimony on COVID-19 vaccines for college and childcare.
Vetoed Bills
It is much more troublesome to move a superb invoice than to cease a foul one. There have been good vaccine-related payments that NVIC has supported and state legislatures have spent a big period of time creating and voting to move, solely to have a governor veto it.
There had been no vetoes of dangerous payments throughout this legislative session, however governors in 5 states vetoed payments that contained provisions NVIC both totally or provisionally supported. In common, the governors didn’t present substantive proof justifying their vetoes.
Idaho SB 1381 — Prohibited COVID-19 vaccine mandates by companies or employers with exceptions and an expiration date. NVIC put this invoice in a “watch” class. Idaho Governor Brad Little vetoed SB 1381 on March twenty eighth. The governor stated in his veto assertion that he vetoed SB 1381 as a result of it “considerably expands authorities overreach into the personal sector.” He acknowledged that, “companies needs to be left to make selections in regards to the administration of their operations and staff with restricted interference from authorities,” and cited different actions he had taken in response to COVID-19, similar to banning (authorities) vaccine passports and never issuing any state COVID vaccine mandates. NVIC maintains that the function of a authorities shouldn’t be to guard companies and companies in any respect prices, however to guard the person rights of its residents. Both the United States and Idaho constitutions state, “We the People,” not “We the Businesses and Employers.” Laws are wanted to stop companies and companies from trampling on the constitutional rights of staff. Like different states, Idaho already has anti-discrimination legal guidelines, which regulate employers and companies by prohibiting them from discriminating primarily based on age, intercourse, faith, and many others. SB 1381 wouldn’t have carried out heavy-handed rules that had been “dangerous for enterprise.” Rather, it will have ensured that extra potential staff would meet the factors and fill job vacancies, growing their employability and doubtlessly stimulating the economic system. Likewise, the invoice would have quickly prohibited companies from discriminating towards clients or purchasers primarily based on their COVID-19 vaccination standing, which might have allowed people declining COVID vaccine to pay for services in Idaho. Expanding a buyer base is just not a foul factor for enterprise. This invoice was removed from good because the exceptions had been too broad and the protections would have expired too quickly. However, if the invoice had been enacted, it will have a minimum of ensured some medical freedom protections for the folks of Idaho for a short while till the legislature may come again and extra successfully tackle these points. |
Kansas SB 34 — Prohibited the state from requiring vaccine passports, with exceptions, and prohibited state public well being officers from ordering regulation enforcement officers to assist implement orders issued by public well being officers, and it additionally prohibited colleges from mandating vaccines that haven’t been licensed by the FDA, similar to these being distributed below an Emergency Use Authorization (EUA). NVIC put this invoice in a “watch” class. Kansas Governor Laura Kelly vetoed SB 34 on May thirteenth. The invoice in its closing type as amended would have prohibited state authorities officers from issuing vaccine passports or necessities that state residents present proof they’ve obtained COVID-19 vaccine. It additionally eliminated a piece of state regulation enabling public well being officers to difficulty orders compelling regulation enforcement officers to implement these orders. Governor Kelly was quoted criticizing the invoice and explaining her veto. She stated that the invoice “implements a one-size-fits-all approach for all infectious diseases” and “significantly limits any government entity’s response to any infectious disease outbreak.” While the exceptions within the invoice had been too broad and didn’t apply to a governmental entity that may be a medical care facility, as outlined in Ok.S.A. 65-425 and amendments, or an grownup care house, this invoice would have had protected some residents from present COVID-19 vaccine necessities and discriminatory actions taken by overzealous public well being officers towards those that decline a authorities advisable vaccine sooner or later. |
Louisiana SB 141 — Prohibited some insurance coverage suppliers from requiring vaccination standing in figuring out an individual’s eligibility for insurance coverage protection. NVIC supported this invoice. Governor John Bel Edwards acknowledged in his veto message of June 18, 2022, that “… limiting the applicability of those protections to vaccination standing solely may serve to additional complicate the already labyrinthine medical health insurance market. Furthermore, the inclusion of vaccination standing solely contributes to the false narrative that vaccines are something apart from secure, efficient, and very important to defending public well being.” He continued: “Protecting healthcare shoppers requires a complete examination and overhaul of state statutes.” On the opposite, one technique to begin defending healthcare shoppers just like the Governor mentions, is to make sure that they won’t be discriminated towards primarily based on their vaccination standing, as supplied for in SB 141, which additionally supplied the identical safety for property, casualty, and legal responsibility insurance coverage. NVIC maintains that no particular person needs to be denied healthcare protection merely primarily based on their vaccination standing. There are many legitimate causes, together with these associated to the chance for vaccine issues that may be larger for some people and impacts their selection to not obtain a number of authorities advisable vaccines. One technique to start eradicating issues within the medical health insurance market is to statutorily remove vaccination standing necessities altogether. |
Louisiana HB 54 — Prohibited authorities entities, together with public training establishments from requiring COVID-19 vaccination for admission, and in addition prohibited worker discrimination tied to vaccination standing. NVIC supported this invoice. HB 54 efficiently handed the legislature however was vetoed by Governor John Bel Edwards on June 18, 2022. HB 54 primarily served as a COVID-19 vaccine passport ban on governmental entities and public training establishments. This invoice would have stopped them from requiring proof of COVID-19 vaccination as a situation for entry. This provision would have protected the vaccine knowledgeable consent rights of each people and households dwelling in Louisiana. The Governor acknowledged in his veto message, “The invoice is pointless and perpetuates the false narrative that the residents of Louisiana face vaccine mandates to entry authorities providers or attend colleges. This is just not the case. The invoice additionally seeks to undermine public confidence in vaccines, that are secure, efficient, and important to public well being. For these causes, I’ve vetoed the invoice.” There was concern in regards to the contradictory content material of his assertion explaining the explanations for his veto as a result of the Louisiana Department of Health had revealed a Notice of Intent on September 20, 2021, so as to add the COVID-19 vaccine to the record of required vaccines for college and daycare. The Louisiana Department of Health finally rescinded this mandate after strain from Attorney General Jeff Landry in October 2022. Some might argue that allowance of vaccine exemptions, in impact, negates the specter of vaccine mandates. However, there are state legislatures like California, Maine, Connecticut and New York, which have eliminated spiritual and conscientious perception vaccine exemptions and restricted medical exemptions in vaccine mandates for kids to attend daycare and faculty. In addition, whereas the Governor states that COVID-19 vaccines are secure and efficient, there may be accumulating proof they don’t reliably cease transmission of an infection, and are additionally related to many vaccine accidents and deaths. As COVID-19 vaccine mandates are being proposed and there may be has been a rise in intolerance of those that publicly advocate for knowledgeable consent to vaccination, Louisiana residents deserved the authorized protections contained in HB 54. Hopefully, the legislature can once more move comparable protections that may grow to be regulation sooner or later. |
Missouri HB 2090 — Prohibited state staff from being required to obtain COVID-19 vaccinations for employment, with exceptions, for hospitals, long-term care & Medicare services. NVIC put this invoice in a “watch” class. HB 2090 was vetoed by Governor Michael L. Parson on July 1, 2022. His veto letter contains his causes for opposing Section 2, saying, “Also of concern, Section 2 places susceptible Missourians in danger. This part dangers vital federal funding for Medicare and Medicaid providers in Missouri by doubtlessly violating Centers for Medicare & Medicaid Services’ federal rules. I’ve constantly opposed COVID-19 vaccination mandates, particularly for state staff. Jeopardizing the State’s Medicare and Medicaid providers on this method is pointless and will lead to important adverse hurt to Missourians.” The invoice didn’t apply to services licensed by the Centers for Medicare and Medicaid. HB 2090, as filed, was a invoice that solely addressed a change to state worker pay intervals. The invoice was amended within the Senate and handed as a senate committee substitute that included a brand new part that prohibited requiring any state worker to obtain a vaccination towards COVID-19 as a situation of commencing or persevering with employment, with exceptions. Section 2 acknowledged that “no state employee shall be required to receive a vaccination against COVID-19 as a condition of commencing or continuing employment with an exception that the section does not apply to any state employee who is employed by any facility that meets the definition of hospital in section 197.020, any long-term care facility licensed under chapter 198, any entity that meets the definition of facility in section 199.170, or any facility certified by the Centers for Medicare and Medicaid Services.” This invoice would have helped some staff dealing with oppressive COVID vaccine mandates. |
Wisconsin AB 299 — Prohibited the state, any authorities entity or companies from requiring proof of COVID-19 vaccination. NVIC supported this invoice. AB 299 was vetoed by Governor Tony Evers on April 15, 2022. The governor acknowledged in his veto letter that his causes for vetoing AB 299 had been due to his objections to the “Legislature’s continued efforts to inject partisan politics and rhetoric into public well being practices by stopping public entities and companies from making selections that work for them, their clients, their staff, and their operations to assist forestall and suppress the unfold of COVID-19.” He went on to state that pandemic response needs to be centered on “following the science and the recommendation of public well being specialists and dealing to avoid wasting as many lives as we will – not on discovering methods to make it tougher to combat this virus or hold Wisconsinites wholesome and secure.” He additionally acknowledged that personal entities and companies ought to be capable to implement their very own COVID-19 “mitigation measures.” There are legit considerations in regards to the “mitigation measures” and “selections” that entities have made relating to COVID-19, which have resulted in restrictive vaccine mandates or vaccine passport necessities. While commonsense security measures, similar to not coming into work when sick, are acceptable to implement, heavy-handed vaccine mandates aren’t. COVID-19 vaccines include important dangers, similar to coronary heart irritation (myocarditis) that may be larger for some folks. As of Oct 21, 2022, there had been 1,442,155 adversarial occasions reported following COVID vaccinations recorded in VAERS, together with 31,653 deaths. Individuals who’ve obtained COVID vaccines can nonetheless unfold and catch it. AB 299 would have protected many Wisconsin residents, who had been at high-risk for having a COVID vaccine response or had decided they didn’t need or want a COVID-19 vaccine, from being denied the suitable to be employed, or entry state authorities providers, or in any other case take part in society. |
Wisconsin AB 316 — Prohibited the state from requiring proof of COVID-19 vaccines or discriminating primarily based on vaccination standing. NVIC supported this invoice. AB 316 was vetoed by Governor Tony Evers on April 15, 2022. The governor acknowledged in his veto message that the invoice doesn’t outline discrimination, and once more cited his objection to the Legislature’s “efforts to inject partisan politics and rhetoric into public well being practices” relating to stopping public entities from “working to stop and suppress the unfold of COVID-19.” He additionally acknowledged that authorities pandemic response ought to observe the science and recommendation of public well being specialists. There was nothing on this invoice which stopped public entities from making an attempt to suppress the unfold of COVID-19. It solely prohibited them from making people present that that they had obtained COVID vaccine. While the governor acknowledged in his veto message that the phrase “discrimination” is just not outlined by the invoice, the invoice states: “neither the state nor any governmental entity might discriminate towards any individual primarily based on whether or not the individual has obtained a vaccine towards the SARS-COV-2 coronavirus, which causes COVID-19, or is ready to present proof of getting obtained such a vaccine.” The which means of discrimination is evident. Public entities wouldn’t have been allowed to change their remedy of people primarily based on their COVID-19 vaccination standing. |
Wisconsin AB 675 — Allows staff to offer employers with proof of pure immunity from an antibody take a look at or assertion from a well being care supplier that the individual has had a earlier SARS-CoV-2 an infection, in lieu of complying with an employer’s requirement offering proof of COVID-19 vaccination. NVIC put this invoice in a “watch” class. AB 675 was vetoed by Governor Tony Evers on April 8, 2022. The Governor acknowledged in his veto message that he vetoed the invoice as a result of he objects “to stopping employers from making selections which might be knowledgeable by science and public well being to assist fight the unfold of COVID-19. The COVID-19 vaccine stays the simplest software we have now to stop critical sickness, hospitalizations, and demise.” He went on to state: “Private entities and companies ought to stay free to implement COVID-19 mitigation measures to maintain themselves, their staff, and clients secure with out the Legislature’s political interference.” NVIC maintains that the U.S. governmental system as outlined within the U.S. Constitution ensures safety of the pure rights of people and doesn’t condone discrimination towards people by authorities or personal entities. AB 675 solely required personal entities to just accept proof of pure immunity as a situation of employment in lieu of proof of COVID vaccination. The COVID-19 vaccine is the one software that the federal government has closely promoted in an effort to stop critical sickness, hospitalizations, and demise from issues of SARS-CoV-2 infections. Some have famous that there was a reluctance by federal well being officers to advertise therapeutics as part of a remedy routine for COVID-19 an infection with the identical zeal that COVID vaccines have been promoted. Natural immunity to COVID-19 has been demonstrated to present “longer lasting and stronger safety” than what vaccination gives. While NVIC maintained a “watch” place on this invoice as a result of it may have been amended for the safety to use to extra individuals who recovered from a previous an infection, it nonetheless would have supplied some safety from COVID-19 vaccine mandates for residents of Wisconsin had it been allowed to enter impact. |
Wisconsin AB SB 707 — Expanded the definition of “veteran” to incorporate individuals, who had been dishonorably discharged from army service for declining COVID-19 vaccine, in order that they might obtain state advantages. NVIC supported this invoice. SB 707 was vetoed by Governor Tony Evers on April 15, 2022. According to his veto assertion, the governor of Wisconsin vetoed SB 707 as a result of he objects to “increasing this definition [of the term ‘veteran’] to reward people that refused to observe an order.” He additionally stated that the army determines what constitutes an honorable discharge, and that present state regulation solely extends sure advantages to veterans who obtained an honorable discharge. This invoice was not trying to redefine for the U.S. army what constitutes as a cause to difficulty a dishonorable discharge. It merely would have ensured that people, who had been dishonorably discharged from army service, would qualify for state (versus federal or army) advantages if the one cause for his or her dishonorable discharge was refusal to take the COVID-19 vaccine. There have been a number of authorized challenges protesting the COVID-19 vaccine mandate for all U.S. army personnel. There are quite a few high-ranking people, who’ve served their nation honorably for years and whose careers have been ended by the COVID vaccine mandates. It was acceptable for the Wisconsin State Legislature to move laws, which handled former army service members residing within the state with respect and allowed them to obtain state advantages, regardless of the actual fact they had been dishonorably discharged from the army for declining COVID vaccine. |
Wisconsin AB SB 708 — Voided restrictive covenants between sure employers and staff fired for refusing COVID-19 vaccine. SB 708 was vetoed by Governor Tony Evers on April 15, 2022. The governor, in his veto assertion, once more talked about the “Legislature’s continued efforts to inject partisan politics and rhetoric into public well being practices by stopping employers from making selections that work for them, their clients, their staff, and their operations to assist forestall and suppress the unfold of COVID-19.” He additionally repeated his perception that there must be a deal with “following the science and the recommendation of public well being specialists.” State legislatures move payments that regulate companies on a regular basis, and this laws contained nothing egregious or burdensome. The invoice solely utilized to bigger entities using 100 or extra staff and terminated staff for not receiving a COVID-19 vaccine by voiding their non-compete agreements with staff. The invoice didn’t even prohibit employer COVID-19 vaccine mandates, it simply protected an worker’s means to get one other job of their similar subject of labor at an organization that didn’t require COVID-19 vaccination by voiding restrictive non-compete covenants. NVIC maintains that people shouldn’t have to surrender their proper to work of their chosen subject if they’ve made the choice they don’t want or want the COVID-19 vaccine. |
Comparing Recent Sessions to 2022
875 payments characterize probably the most proposed vaccine-related payments NVIC has recorded within the historical past of the NVIC Advocacy Portal, surpassing the earlier all-time excessive of 473 payments filed in 2021, and 232 payments launched in 2020. It is essential to notice that this enhance occurred even with out payments from the 4 states, Montana, Nevada, North Dakota, and Texas, that meet biennially in odd numbered years.
Also noteworthy, in 2022, simply 44 states and the District of Columbia yielded the very best variety of proposed vaccine associated payments falling below NVIC’s mission.
There had been barely extra payments that NVIC opposed in 2022 – 186 – in comparison with the final two years, or 130 and 137 respectively however, with nearly double the quantity of complete vaccine associated payments filed this yr, that was not surprising. In 2022, the COVID-19 pandemic has continued to dramatically escalate curiosity in vaccine associated laws within the states.
However, there have been way more payments filed in 2022 that NVIC supported than in every other session. NVIC supported 475 payments this session, which is sort of 200 extra payments than the 278 supported in 2021, and greater than 4 occasions the 99 payments supported in 2020.
The hole between supported and opposed payments has continued to widen as extra households, well being care suppliers and lawmakers acknowledge the necessity to safe vaccine knowledgeable consent protections in public well being insurance policies and legal guidelines.
Enlightened legislators aren’t solely listening to involved constituents in larger numbers, many extra are persevering with or starting to withstand aggressive lobbying efforts by the pharmaceutical trade, medical commerce, authorities well being officers and different particular curiosity teams, who profit from legal guidelines that compel kids and adults to make use of each vaccine bought by drug corporations and advisable by federal well being companies and medical commerce associations.
Only 18 dangerous vaccine payments handed out of the 186 proposed payments that NVIC opposed within the 2022 legislative session, which is identical quantity that handed in 2016 and 2019 earlier than the federal authorities issued a COVID pandemic emergency declaration in the beginning of 2020.
Individual citizen involvement within the legislative course of, by way of private communications and training of lawmakers, continues to make an incredible influence on the outcomes of vaccine associated payments filed in state legislatures.
Although federal authorities officers tried to affect state COVID vaccine insurance policies in 2022, extra state legislators grew to become conscious of proof demonstrating the adverse well being results of COVID vaccine, whilst some employers are nonetheless making an attempt to mandate the vaccine as a situation of employment.
The latest vote by the CDC’s Advisory Commission on Immunization Practices (ACIP) so as to add the COVID vaccine to the kid vaccination schedule, together with for infants as younger as six months outdated, will place strain on legislatures in some states so as to add the COVID vaccine to mandates for daycare and faculty attendance in 2023.
NVIC predicts that persevering with lobbying efforts by the vaccine and medical commerce industries and federal authorities officers to power kids and adults to get COVID vaccine will proceed to drive extra Americans in each state to get extra concerned within the legislative course of at each stage to guard their knowledgeable consent rights.
Suggestions of Good Bills to File for 2023
Public well being legal guidelines that fail to respect knowledgeable consent rights have an effect on you and your loved ones. It is so essential to contact your legislators and allow them to understand how you are feeling about vaccine legal guidelines that use coercion and a menace of punishment to power use of federally advisable vaccines, such because the COVID vaccine, quite than permitting knowledgeable and voluntary vaccine resolution making.
To have probably the most influence, we have now compiled an inventory of a few of the greatest payments within the nation from totally different states filed in 2022 which might be worthy of submitting in different states. You can speak along with your legislators about refiling payments in your state that NVIC supported in 2022, which didn’t move or had been vetoed by governors.
This “best bill” record accommodates hyperlinks to these payments and is revealed on the NVIC Advocacy Portal in a put up on our announcement web page titled “The Best Bills From 2022 to Share with Your Legislators NOW for Next Session.”
Also, Texas SB 1669 filed in 2021, is one other complete invoice that might prohibit vaccine mandates and discrimination over vaccine standing. It is price having your legislators learn and think about submitting this type of invoice in your state.
What Else Can You Do?
In gentle of the truth that all COVID-19 vaccine mandate payments did not move the states and that many payments defending vaccine knowledgeable consent rights had been handed in 2021 and 2022, NVIC expects that the federal authorities, the vaccine trade and their medical commerce affiliation companions will proceed to step up efforts within the 2023 legislative session to compel each resident of each state to get COVID vaccinations, and can transfer to limit or remove vaccine exemptions in public well being legal guidelines.
Please be a part of the tens of hundreds of Americans working with NVIC to carry the road within the states. Please grow to be a registered consumer of the free on-line NVIC Advocacy Portal at this time and test in usually to study methods to personally educate your legislators when vaccine payments that have an effect on your rights are transferring in your state. Please encourage your loved ones and all your buddies to do the identical. Also, register for our textual content alerts by texting the total title of your state to (202) 618-5488.
Clearly grassroots efforts within the states are making a way more important distinction than the mainstream media and people pushing “no exceptions” compelled vaccination insurance policies and legal guidelines are keen to confess, and your lively participation is significant to defending knowledgeable consent rights and vaccine selections in America.
If you see inaccurate info in information media experiences or on-line conversations, particularly in gentle of all of the censorship that has occurred since 2020, please take the time to reply by making a constructive touch upon the general public remark boards. You may present correct, effectively referenced Diseases and Vaccines info and correct state vaccine regulation info, which you’ll find on our web site NVIC.org.
NVIC’s illustrated and totally referenced Guide to Reforming Vaccine Policy and Law is one other good vaccine training software for legislators and family and friends, too.
NVIC has revealed many glorious referenced articles, commentaries and movies on vaccine science, coverage and regulation posted on NVIC.org that you need to use and ahead. Be positive to additionally subscribe to the free weekly digital journal newspaper The Vaccine Reaction that options breaking information articles.
If you might be censored on-line for offering correct details about vaccination, infectious illnesses and well being, contest it and make an effort to coach these doing the censoring. The info seeds you plant at this time could make a distinction tomorrow and into the long run.
As at all times, the challenges are nice, however so are the alternatives to coach and empower legislators and residents of each state to defend vaccine freedom of selection. NVIC is dedicated to persevering with to make that occur, and we sit up for working with you thru the NVIC Advocacy Portal that will help you defend vaccine knowledgeable consent rights in your state within the remaining days of 2022, and in 2023 and past.