In addition to its new law imposing liability on vaccine producers, this summer Texas passed two more new Right to Refuse bills that were signed into law on June 20; in total the state has now passed at least seven of these laws since the COVID-19 pandemic. In the meantime, several states have filed new Right to Refuse in the last month!

Texas Prohibits Discrimination Based on Vaccine Status for Organ Recipients

At the height of the COVID-19 pandemic, people who chose to decline vaccination for this ailment were regularly denied life-saving organ transplants. This was based on the perception that these people were both at risk of dying from COVID-19 and also that they were “noncompliant.”

Texas’ HB4076  prohibits discrimination by healthcare providers in organ transplantation services based on any vaccination status. The new law has an exception if there is an individualized determination of medical significance. This statute also says that healthcare providers may develop alternative risk mitigation strategies, including antibody testing, prophylactic treatments, and antiviral therapy, in lieu of requiring a vaccination.  

Texas Mandates Reporting Vaccine Reactions to VAERS

Serious adverse events to vaccinations have been a long-known phenomenon. The federal VAERS database attempts to capture these events around the USA, but experts estimate that about 1% of events are reported to this system.

Texas’ SB269 states that physicians shall report any serious adverse events after vaccination with an investigational or EUA-approved vaccine, or after ingestion of an investigational or EUA-approved drug, to VAERS or MedWatch, respectively. An initial violation by doctor is to be handled with non-disciplinary corrective action; further violations to result in disciplinary action.

New Right to Refuse Bills Around the USA

Michigan HB4778: Defines “Gene-based vaccine” as one developed using mRNA, modRNA, or DNA technology. These products are not “immunizing agents” under state law. No person or government entity may administer or order a gene-based vaccine. This bill was introduced on August 20 and referred to Committee on Government Operations.

Pennsylvania SB957: Blood Transparency and Patient Rights Act. Under this proposal, patients are to be notified of vaccine status of blood to be used for transfusions. Other provisions regarding autologous and directed blood donations. This bill was referred to the Health & Human Services Committee July 31.

Pennsylvania HB1793: No mRNA vaccines for livestock. If this bill passes, it would be unlawful to administer mRNA vaccines to livestock and other domestic animals. HB1793 was referred to the Consumer Protection, Technology & Utilities Committee on August 10.

Texas SB39: Under this proposal, prior to any vaccination of a child, a parent or guardian must provide written informed consent, including notification of the risks of a vaccine. Parents may sue for a violation. No physician remuneration or “kickbacks” from vaccine makers for vaccinations is allowed. Remedies and other provisions. SB39 was filed on August 18.

While many state legislatures are on break for the summer, many others are actively passing and filing Right to Refuse bills. Stay tuned for more updates!