OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 319 Bill Analysis
135th General Assembly
Click here for H.B. 319’s Fiscal Note
Version: As Reported by House Health Provider Services
Primary Sponsors: Reps. Gross and Wiggam
Effective date:
Laurel Mannion, Division Chief
SUMMARY
▪ Prohibits certain private and public entities from taking specified actions against an
individual based on the individual’s refusal of any biologic, vaccine, pharmaceutical, drug,
gene editing technology, RNA-based product, or DNA-based product for reasons of
conscience, including religious convictions.
▪ Authorizes an individual who believes that a violation of the bill’s prohibition has occurred
to (1) petition a court for injunctive relief or a declaratory judgment or (2) bring a private
civil action for money damages.
▪ If the individual prevails, requires the court to award the individual court costs and
reasonable attorney’s fees and, in the case of a private civil action for money damages,
also requires the court to award the individual three times the amount of the individual’s
actual damages or $200, whichever is greater.
▪ Names the act the Conscientious Right to Refuse Act.
DETAILED ANALYSIS
Conscientious Right to Refuse Act
The bill prohibits specified private and public entities from taking any of the following
actions against an individual based on the individual’s refusal of any biologic, vaccine,
pharmaceutical, drug, gene editing technology, RNA-based product, or DNA-based product for
reasons of conscience, including religious convictions:
▪ Denying employment to the individual or terminating the individual’s employment;
▪ Denying a service, including a public service, to the individual;
▪ Denying the individual access to commerce;
December 13, 2024
Office of Research and Drafting LSC Legislative Budget Office
▪ Segregating the individual;
▪ Penalizing the individual or using financial coercion against the individual;
▪ Treating the individual differently than an individual who accepted the medical
intervention.1
Under the bill, an “individual” means an individual who is 18 years of age or older or an
emancipated minor.2
Entities subject to the bill’s prohibition
The bill’s prohibition applies to the following private and public entities: businesses;
employers, including administrators and supervisors; health plan issuers; health care providers;
hospitals; institutions; nursing homes; persons; political subdivisions; private colleges; public
officials; residential care facilities; state agencies; and state institutions of higher education.3
For purposes of the bill, a “person” includes a corporation, business trust, estate, trust,
partnership, and association, but not an individual.4
Injunctive relief, declaratory judgments, and money damages
Under the bill, if an individual believes that a violation of the bill’s prohibition has
occurred, the individual may do either or both of the following:
▪ Petition a court of competent jurisdiction for injunctive relief or a declaratory judgment;
▪ Bring a private civil action for money damages in a court of competent jurisdiction against
the business, employer, health plan issuer, health care provider, hospital, institution,
nursing home, person, political subdivision, private college, public official, residential care
facility, state agency, or state institution of higher education.5
The bill does not specify whether an individual who believes that a violation has occurred
and then files a petition or brings an action for money damages must be the same individual
against whom a prohibited action was taken.
Standard of proof
To prevail in a civil action, the bill specifies that the individual must prove, by a
preponderance of the evidence, that the business, employer, health plan issuer, health care
provider, hospital, institution, nursing home, person, political subdivision, private college, public
official, residential care facility, state agency, or state institution of higher education violated the
bill’s prohibition.
1 R.C. 3792.07(B).
2 R.C. 3792.07(A)(1).
3 R.C. 3792.07(B).
4 R.C. 3792.07(A)(2).
5 R.C. 3792.07(C)(1) and (2).
P a g e |2 H.B. 319
As Reported by H. Health Provider Services
Office of Research and Drafting LSC Legislative Budget Office
Court costs, reasonable attorney’s fees, and money damages
Whenever an individual who petitions for injunctive relief or a declaratory judgment
prevails in that petition, the court must award the individual court costs and reasonable
attorney’s fees. And whenever an individual who brings a private civil action for money damages
prevails in that action, the court must award the individual all of the following: court costs;
reasonable attorney’s fees; and three times the amount of the individual’s actual damages or
$200, whichever is greater.6
Special vs. general provisions
The bill specifies that its provisions prevail over any conflicting provisions in a general law,
to the extent of the conflict, unless the general law contains a specific exemption from the bill’s
provisions. In that case, the general law prevails, but only to the extent of the exemption. 7
Medical interventions – recommendations, education, and access
The bill states that its provisions do not prevent the recommendation of, education on,
or access to any biologic, vaccine, pharmaceutical, drug, gene editing technology, RNA-based
product, or DNA-based product.8
HISTORY
Action Date
Introduced 11-08-23
Reported, H. Health Provider Services 12-11-24
anhb0319rh-135/ks
6 R.C. 3792.07(C).
7 R.C. 3792.07(D).
8 R.C. 3792.07(E).
P a g e |3 H.B. 319
As Reported by H. Health Provider Services