Since our December 1, 2021 update about right to refuse laws that have passed, ten new Right to Refuse bills have become law around the USA. Now, 27 states have some type of protection from COVID-19 mandates, sending a clear signal that the majority of Americans stand for health freedom. Right to Refuse bills take many forms. Some provide exemptions to vaccination mandates, while others limit discrimination against the unvaccinated, ban state government mandates, limit use of funds, or use other mechanisms to protect the public. Most of these new laws relate to exemptions, but several states have included other approaches. Here is a breakdown of the newest laws to protect health freedom:

Exemptions Around the Nation

In general, exemption laws can be strict and hard to qualify for, or they can be more relaxed and potentially provide protection to all of the folks who seek them. These new laws fall in the later category, and most of them provide exemptions which people should be able to qualify for without unreasonable effort. Six of the ten new bills focus mainly on exemptions:

Oregon’s SB1529 requires the state health authorities to provide exemptions to vaccination mandates. Specifically, it says that while health authorities may require persons to obtain treatment or use prophylactic measures (such as a vaccine) to prevent a communicable disease, folks are exempt from such requirements if they have a religious, conscientious, or medical reasons to decline the measures. Notably, conscientious objections are broader than religious exemptions, and may protect anyone who has a strong belief that a vaccine is not the right choice for them.

In Utah, HB63 provides an exemption for employer-mandated COVID-19 vaccination for those who have had a prior infection with this virus. This is a strong recognition of the concept of natural immunity, and will protect many people in the state.

Nebraska’s LB906 requires the state’s HHS department to create a vaccine exemption form; this document requires the person to declare that they are refusing a vaccine due to strong moral, ethical, or philosophical belief. And employers “shall” honor these exemptions. This law allows mandating periodic testing and/or the use of personal protective equipment for persons who are exempt.

Indiana’s HB1001 provides that an employer may not impose a requirement that employees receive an immunization against COVID-19 unless the employer provides individual exemptions that allow an employee to opt out of the requirement on the basis of medical reasons, religious reasons, or immunity acquired from a prior infection with COVID-19. This bill also dealt with various administrative issues around the pandemic.

In Tennessee, HB1867/SB1823 requires an employer with a mandatory COVID-19 vaccination policy to grant an exemption to any person who provides a medical reason supported by a statement from a licensed healthcare practitioner, or a religious reason, and makes other related changes to state law. A key feature to make this law effective is that it states that a doctor providing a medical exemption is acting within their scope of practice. And it gives doctors protection from liability or disciplinary actions.

West Virginia’s HB4012 holds that people are exempt from employer COVD-19 vaccine mandates if 1) a doctor provides a note stating that the vaccine is contraindicated, that the person has COVID antibodies, or that the person has recovered from the disease; or 2) a person submits a certification that they have sincerely-held religious beliefs which preclude vaccination for COVID-19. Medicare-involved facilities do not have to offer these protections.

Other New Laws Take Variety of Approaches

In Arizona, HB2498 is short but sweet: no state government entity may require COVID-19 vaccination, period.

Michigan’s SR101 is a resolution, or statement of purpose, condemning President Biden’s “authoritarian” Head Start Vaccine and Mask Mandate and calling upon Governor Gretchen Whitmer and Attorney General Dana Nessel to take action against this federal overreach.

Mississippi’s HB1509 prohibits any state government entity from discriminating based on COVID-19 status or possession of a vaccine passport.

And in South Carolina, H3126 is a wide-ranging new law. Under it, state entities may not enact COVID-19 vaccine mandates for employees, students, or volunteers. State entities may not fire first responders who choose not to have a COVID-19 vaccine. Medical exemption may include presence of antibodies, a prior positive COVID-19 test, or pregnancy. Religious or medical exemptions must be honored regarding any COVID-19 vaccination requirement. No discrimination by public accommodations allowed based on COVID-19 vaccine status. Other provisions included.

The Path Forward

As the official COVID-19 narrative continues to unravel in the face of egregious affronts to personal freedoms and negative impacts on families, we are proud that so many Americans are standing up to protect freedom. And regardless of individual views or assessments of events, we at NHFC are working to protect folks’ rights to make their own healthcare decisions without the duress of job loss or exclusion from society. Thank you for all your help in working towards a nation with true medical freedom!