ON APRIL 21, 2021, THE HOUSE ADOPTED AMENDMENT #2 AND PASSED HOUSE BILL 13, AS AMENDED.
AMENDMENT #2 rewrites this bill to:
(1) Prohibit the governor from issuing an executive order, a state agency or department from promulgating a rule, and a political subdivision of this state from promulgating, adopting, or enforcing an ordinance or resolution, that requires a person to receive an immunization, vaccination, or injection for the SARS-CoV-2 virus or any variant of the SARS-CoV-2 virus;
(2) Revises the present law provisions governing immunization of school children. Under present law, the commissioner of health is authorized to designate diseases against which children must be immunized prior to attendance at any school, nursery school, kindergarten, preschool or child care facility of this state; and it is the responsibility of the parents or guardian of children to have their children so immunized. Present law provides that in the absence of an epidemic or immediate threat of an epidemic, these provisions do not apply to any child whose parent or guardian files with school authorities a signed, written statement that the immunization and other preventive measures conflict with the parent's or guardian's religious tenets and practices, affirmed under the penalties of perjury. This amendment adds that these provisions do not apply to an immunization, vaccination, or injection for the SARS-CoV-2 virus or any variant of the SARS-CoV-2 virus;
(3) Revises the present law provision whereby, in the absence of an epidemic or immediate threat of an epidemic, any person who files with the county board of health a signed, written statement that a specific regulation pertaining to personal medical treatment conflicts with the person's religious tenets and practices, affirmed under penalty of perjury, is exempted from the regulation. This amendment adds that the present law section that contains this provision and other provisions regarding county health departments, county health directors, and county health officers, does not apply to an immunization, vaccination, or injection for the SARS-CoV-2 virus or any variant of the SARS-CoV-2 virus;
(4) Deletes the present law provision whereby every person who refuses to be vaccinated or prevents a person under such person's care and control from being vaccinated on application being made by the health officer or board of health or by a physician employed by the health officer or board of health for that purpose, unless in the written opinion of another physician it would not be prudent on account of sickness, commits a Class C misdemeanor;
(5) Prohibits a state agency or department from promulgating a rule, and a political subdivision of this state from promulgating, adopting, or enforcing an ordinance or resolution, that requires medical treatment for those who object to the medical treatment on religious grounds or by right of conscience. This provision will not apply to a student of a public institution of higher education who is subject to the policies or rules of a private office that delivers healthcare services or of a healthcare facility that is not owned or controlled by the public institution of higher education, when the student is participating in a program of study or fulfilling educational requirements for a program of study in medicine, dentistry, pharmacy, or another healthcare profession; and
(6) Defines "political subdivision" for purposes of item (5) as a local governmental entity, including a city, town, municipality, metropolitan government, county, utility district, school district, public building authority, housing authority, emergency communications district, county board of health, and development district created and existing pursuant to the laws of this state, or an instrumentality of government created by one or more local governmental entities. The term does not include a governmental entity that is subject to a federal or state statute or rule that prohibits the entity from requiring medical treatment for those who object to the medical treatment on religious grounds or right of conscience.
ON APRIL 28, 2021, THE SENATE SUBSTITUTED HOUSE BILL 13 FOR SENATE BILL 187, ADOPTED AMENDMENT #1, AND RESET HOUSE BILL 13.
AMENDMENT #1 incorporates the changes made by House Amendment #2, except this amendment changes the exception described in (5) of the Summary for House Amendment #1 so that the exception will apply to public institutions of higher education instead of students studying certain subjects.
This amendment also revises the present law provision whereby new incoming students at any public institution of higher learning in this state who live in on-campus student housing are required to produce proof of adequate immunization against meningococcal disease as recommended for adults in the current advisory committee on immunization practices "Recommended Adult Immunization Schedule" published by the centers for disease control and prevention. Present law provides that a student may be exempted from the requirement where a parent or guardian or, in the case of an adult student, the student provides to the school a written statement, affirmed under penalties of perjury, that vaccination conflicts with the religious tenets and practices of the parent or guardian or, in the case of an adult student, the student. This amendment adds to the exemption situations where the parent or guardian or, in the case of an adult student, the student, objects to the vaccination by right of conscience.
ON APRIL 29, 2021, THE SENATE FURTHER CONSIDERED HOUSE BILL 13, ADOPTED AMENDMENT #3, AND PASSED HOUSE BILL 13, AS AMENDED.
AMENDMENT #3 removes the changes made by Senate Amendment #1 and restores the provisions of House Amendment #2.