Bill Summary – FastDemocracy

H.B. 98
                           GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                                Feb 13, 2023
                                       SESSION 2023                                       HOUSE PRINCIPAL CLERK
     H                                                                                                   D
                                    HOUSE BILL DRH10045-LM-1A
     Short Title:    Medical Freedom Act.                                                          (Public)
     Sponsors:       Representative Biggs.
     Referred to:
                                     A BILL TO BE ENTITLED
 AN ACT PROHIBITING STATE AGENCIES, LOCAL GOVERNMENTS, AND POLITICAL
     SUBDIVISIONS OF THE STATE FROM DISCRIMINATING AGAINST PERSONS
     BASED ON THEIR REFUSAL TO PROVIDE PROOF OF A COVID-19 VACCINATION
     OR TO SUBMIT TO A COVID-19 VACCINATION AND PROHIBITING PUBLIC
     SCHOOLS, STATE AND LOCAL PUBLIC HEALTH AGENCIES, STATE AND LOCAL
     PUBLIC HEALTH OFFICIALS, AND LOCAL GOVERNMENTS FROM REQUIRING
     ANY PERSON TO PROVIDE PROOF OF OR TO SUBMIT TO A COVID-19
     VACCINATION.
 The General Assembly of North Carolina enacts:
             SECTION 1. Article 10 of Chapter 143 of the General Statutes is amended by adding
 a new section to read:
 "§ 143-162.6. Discrimination against persons based on refusal of COVID-19 vaccination.
     (a)     No State agency, city, county, or political subdivision of the State shall deny or refuse
 employment to any person or discharge any person from employment on account of the person's
 having refused to provide proof of a COVID-19 vaccination or the person's refusal to submit to
 a COVID-19 vaccination or a series of COVID-19 vaccinations. This section shall not be
 construed to prevent the person from being discharged for cause. As used in this section, the term
 "COVID-19" means the coronavirus disease of 2019.
     (b)     No State agency, city, county, or political subdivision of the State shall discriminate
 or take any retaliatory action against an employee because the employee in good faith does or
 threatens to file a claim or complaint; initiate any inquiry, investigation, inspection, proceeding,
 or other action; or testify or provide information to any person with respect to the provisions of
 subsection (a) of this section."
             SECTION 2.(a) Article 25B of Chapter 115C of the General Statutes is amended by
 adding a new section to read:
 "§ 115C-377.1. Prohibited health requirements.
     (a)     Governing bodies of public school units shall not adopt any policies regarding the use
 of face coverings.
     (b)     Governing bodies of public school units shall not quarantine healthy students.
     (c)     If a public school unit violates this section, the student subject to the violation or that
 student's parent may bring a civil action against the governing body of the public school unit. A
 student or parent that prevails on a claim for a violation of this section shall be entitled to
 reasonable attorneys' fees and court costs."
             SECTION 2.(b) G.S. 115C-12 is amended by adding a new subdivision to read:
                                     *DRH10045-LM-1A*
     General Assembly Of North Carolina                                                       Session 2023
              "(49) Prohibited health requirements. – The State Board of Education shall not
                     implement any health requirement prohibited under G.S. 115C-377.1 in any
                     school operated under the control of the Board."
              SECTION 2.(c) G.S. 115C-47 is amended by adding a new subdivision to read:
              "(68) Prohibited health requirements. – Local boards of education shall not
                     implement any health requirement prohibited under G.S. 115C-377.1."
              SECTION 2.(d) G.S. 115C-218.75 is amended by adding a new subsection to read:
     "(k) Prohibited Health Requirements. – The board of directors of a charter school shall not
 implement any health requirement prohibited under G.S. 115C-377.1."
              SECTION 2.(e) G.S. 115C-238.66 is amended by adding a new subdivision to read:
              "(19) Prohibited health requirements. – The board of directors of a regional school
                     shall not implement any health requirement prohibited under
                     G.S. 115C-377.1."
              SECTION 2.(f) G.S. 116-239.8(b) is amended by adding a new subdivision to read:
              "(22) Prohibited health requirements. – The chancellor shall not implement any
                     health requirement prohibited under G.S. 115C-377.1."
              SECTION 2.(g) This section is effective when it becomes law. Subsections (a) and
 (b) of G.S. 115C-377.1, as enacted by this section, and subsections (b), (c), (d), (e), and (f) of
 this section apply beginning with the 2023-2024 school year. Subsection (c) of G.S. 115C-377.1,
 as enacted by this act, applies to violations that occur on or after the effective date of this section.
              SECTION 3.(a) G.S. 130A-152 reads as rewritten:
 "§ 130A-152. Immunization required.
     (a)      Every child present in this State shall be immunized against diphtheria, tetanus,
 whooping cough, poliomyelitis, red measles (rubeola) and rubella. In addition, except as
 provided in subsection (f) of this section, every child present in this State shall be immunized
 against any other disease upon a determination by the Commission that the immunization is in
 the interest of the public health. Every parent, guardian, person in loco parentis and person or
 agency, whether governmental or private, with legal custody of a child shall have the
 responsibility to ensure that the child has received the required immunization at the age required
 by the Commission. If a child has not received the required immunizations by the specified age,
 the responsible person shall obtain the required immunization for the child as soon as possible
 after the lack of the required immunization is determined.
     …
     (f)      Notwithstanding this section or other applicable State law, the Commission for Public
 Health, public schools (pre-K through 12), and public colleges and universities located in this
 State are prohibited from requiring a student to provide proof of vaccination against the
 coronavirus disease 2019 (COVID-19) or to submit to a COVID-19 vaccination or series of
 COVID-19 vaccinations for any purpose."
              SECTION 3.(b) Part 2 of Article 6 of Chapter 130A of the General Statutes is
 amended by adding a new section to read:
 "§ 130A-158.3. COVID-19 vaccination; requirement prohibited.
     Notwithstanding any provision of this Chapter or Chapter 166A of the General Statutes to
 the contrary, no State or local public health agency or public health official may require any
 person, including an applicant for employment or an employee, to provide proof of a COVID-19
 vaccination or to submit to a COVID-19 vaccination or series of COVID-19 vaccinations for any
 purpose. For purposes of this section, the following definitions apply:
              (1)    Applicant for employment. – Any person who seeks to be permitted, required,
                     or directed by a State or local public health agency, or any person employed
                     by a State or local public health agency, to engage in employment in
                     consideration of direct or indirect gain or profit.
              (2)    COVID-19. – The coronavirus disease 2019.
     Page 2                                                                            DRH10045-LM-1A
     General Assembly Of North Carolina                                              Session 2023
            (3)     Employee. – Any individual employed by a State or local public health
                    agency.
             (4)    State or local public health agency. – Includes the following:
                    a.      The Department or any of its divisions.
                    b.      The Commission for Public Health or any district created by the
                            Commission pursuant to subsection (d) of G.S. 130A-29.
                    c.      A local health department as defined in subdivision (5) of
                            G.S. 130A-2.
             (5)    State or local public health official. – Includes the following:
                    a.      The Secretary or a designee.
                    b.      The State Health Director or a designee.
                    c.      The head of any State or local public health agency or a designee."
             SECTION 4.(a) Article 23 of Chapter 153A of the General Statutes is amended by
 adding a new section to read:
 "§ 153A-461. COVID-19 vaccination; requirement prohibited.
     No county may require any person, including an applicant for employment or an employee,
 to provide proof of a COVID-19 vaccination or to submit to a COVID-19 vaccination or a series
 of COVID-19 vaccinations for any purpose. For purposes of this section, the following
 definitions apply:
             (1)    Applicant for employment. – Any person who seeks to be permitted, required,
                    or directed by a county or any person employed by a county to engage in
                    employment in consideration of direct or indirect gain or profit.
             (2)    COVID-19. – The coronavirus disease 2019.
             (3)    Employee. – As defined in G.S. 153A-99(b)(1)."
             SECTION 4.(b) Article 21 of Chapter 160A of the General Statutes is amended by
 adding a new section to read:
 "§ 160A-499.6. COVID-19 vaccination; requirement prohibited.
     No city may require any person, including an applicant for employment or an employee, to
 provide proof of a COVID-19 vaccination or to submit to a COVID-19 vaccination or a series of
 COVID-19 vaccinations for any purpose. For purposes of this section, the following definitions
 apply:
             (1)    Applicant for employment. – Any person who seeks to be permitted, required,
                    or directed by a city or any person employed by a city to engage in
                    employment in consideration of direct or indirect gain or profit.
             (2)    COVID-19. – The coronavirus disease 2019.
             (3)    Employee. – As defined in G.S. 160A-169(b)(1)."
             SECTION 5. Except as otherwise provided, this act is effective when it becomes
 law.
     DRH10045-LM-1A                                                                         Page 3
Statutes affected: 
Filed: 115C-12, 115C-47, 115C-218.75, 115C-238.66, 116-239.8, 130A-152
Edition 1: 115C-12, 115C-47, 115C-218.75, 115C-238.66, 116-239.8, 130A-152
Edition 2: 130A-152
Edition 3: 130A-152