H.B. 558
GENERAL ASSEMBLY OF NORTH CAROLINA
Apr 13, 2021
SESSION 2021 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH30261-MG-14
Short Title: Prohibit Mandatory CV19 Vaccinations. (Public)
Sponsors: Representative Pittman.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT MAKING IT UNLAWFUL IN THE STATE OF NORTH CAROLINA TO
3 MANDATE VACCINATIONS AGAINST PARTICULAR ILLNESSES, INCLUDING
4 COVID-19; TO REQUIRE PROOF OF VACCINATION OR PROOF OF IMMUNITY
5 AGAINST COVID-19 OR OTHER ILLNESSES; TO DISCRIMINATE IN PUBLIC
6 ACCOMMODATIONS, EMPLOYMENT, OR OTHERWISE ON THE BASIS OF
7 VACCINATION STATUS, PROOF OF VACCINATION, OR PROOF OF IMMUNITY
8 AGAINST COVID-19 AND OTHER ILLNESSES; TO MANDATE FORCED
9 PARTICIPATION IN VACCINATION TRACKING SYSTEMS; AND TO REQUIRE A
10 PATIENT TO WAIVE PRIVACY RIGHTS IN ORDER TO OBTAIN A VACCINATION.
11 The General Assembly of North Carolina enacts:
12
13 PART I. NO VACCINE MANDATES BY EXECUTIVE ORDER, RULES, AGENCY
14 HEADS, OR PUBLIC HEALTH AUTHORITIES DURING DECLARED DISASTERS
15 OR EMERGENCIES
16 SECTION 1.1.(a) G.S. 166A-19.12 reads as rewritten:
17 "§ 166A-19.12. Powers of the Division of Emergency Management.
18 The Division of Emergency Management shall have the following powers and duties as
19 delegated by the Governor and Secretary of Public Safety:
20 …
21 (3) Coordination with the State Health Director to amend or revise the North
22 Carolina Emergency Operations Plan regarding public health matters. At a
23 minimum, the revisions to the Plan shall provide for the following:
24 a. The epidemiologic investigation of a known or suspected threat caused
25 by nuclear, biological, or chemical agents.
26 b. The examination and testing of persons and animals that may have
27 been exposed to a nuclear, biological, or chemical agent.
28 c. The procurement and allocation of immunizing agents and
29 prophylactic antibiotics.
30 d. The allocation of the Strategic National Stockpile.
31 e. The appropriate conditions for quarantine and isolation in order to
32 prevent further transmission of disease.
33 f. Immunization procedures.procedures subject to G.S. 166A-19.30(c1).
34 g. The issuance of guidelines for prophylaxis and treatment of exposed
35 and affected persons.
36 …."
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1 SECTION 1.1.(b) G.S. 166A-19.30 reads as rewritten:
2 "§ 166A-19.30. Additional powers of the Governor during state of emergency.
3 (a) In addition to any other powers conferred upon the Governor by law, and subject to
4 subsection (c1) of this section, during a gubernatorially or legislatively declared state of
5 emergency, the Governor shall have the following powers:
6 …
7 (b) During a gubernatorially or legislatively declared state of emergency, with the
8 concurrence of the Council of State, and subject to subsection (c1) of this section, the Governor
9 has the following powers:
10 …
11 (c1) Notwithstanding any provision of law to the contrary, the Governor shall not require
12 or mandate that any person receive a vaccination by operation of executive order. Any person
13 who refuses to receive a vaccination under this section shall not be subject to civil or criminal
14 liability for the refusal of vaccination.
15 …."
16 SECTION 1.1.(c) Subsection (b) of this section applies to executive orders and
17 directives issued on or after the effective date of this act.
18 SECTION 1.2.(a) G.S. 150B-19 reads as rewritten:
19 "§ 150B-19. Restrictions on what can be adopted as a rule.
20 An agency may not adopt a rule that does one or more of the following:
21 …
22 (3a) Imposes a mandate or requirement resulting in disciplinary action for a person
23 to receive a vaccination as a condition of the receipt, renewal, or reinstatement
24 of a license by an agency.
25 …."
26 SECTION 1.2.(b) This section applies to proposed rules published in the North
27 Carolina Register and proposed rules posted on the website of the Office of Administrative
28 Hearings on or after October 1, 2021.
29 SECTION 1.3. Notwithstanding any provision of Chapter 130A or Chapter 166A of
30 the General Statutes or any other provision of law to the contrary, no public health authority in
31 the State, including the Secretary of the Department of Health and Human Services, the State
32 Health Director, the Commission for Public Health, or the director of any local health department,
33 may issue an order requiring any individual to submit to a COVID-19 vaccination or series of
34 vaccinations if such action is medically contraindicated for the individual, or if receiving the
35 vaccination or series of vaccinations is against the individual's religious or philosophical beliefs,
36 as described in G.S. 130A-157 and G.S. 130A-157.5, as enacted by Section 2.1 of this act. In the
37 case of a minor, if the vaccination or series of vaccinations is against the religious or
38 philosophical beliefs of the parent, guardian, or person in loco parentis, as described in
39 G.S. 130A-157 and G.S. 130A-157.5, as enacted by Section 2.1 of this act, then the public health
40 authority is prohibited from requiring that the minor receive a COVID-19 vaccination or series
41 of vaccinations.
42
43 PART II. NO VACCINE MANDATES BY SCHOOLS OR CHILD CARE FACILITIES
44 SECTION 2.1.(a) Article 6 of Chapter 130A of the General Statutes is amended by
45 adding a new section to read:
46 "§ 130A-157.5. Philosophical exemption.
47 The moral, philosophical, or other personal beliefs of many citizens are contrary to the
48 immunization requirements contained in this Chapter. All citizens have a right to expect that their
49 personal privacy rights, particularly in the area of personal health, will be protected by this State.
50 Therefore, the matter of whether a person chooses for oneself, for one's children, or for anyone
51 for whom that person stands in loco parentis, to receive a vaccine or not to receive it, shall remain
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1 a private matter, not to be violated. Because the requirement of a written statement of the moral,
2 philosophical, or personal beliefs and opposition to the immunization requirements would violate
3 those privacy rights, no such statement shall be required of anyone, nor shall the question of
4 whether such an affected person has received an immunization be asked of anyone as a condition
5 of attending any college, university, public or private school (Pre-K through 12), or child care
6 facility."
7 SECTION 2.1.(b) This section applies to any vaccination requirement, including a
8 COVID-19 vaccination requirement, imposed upon an adult or a child by a college, university,
9 public or private school (Pre-K through 12), or child care facility on or after the effective date of
10 this act.
11
12 PART III. NO IMPLIED CONSENT TO VACCINE TRACKING
13 SECTION 3.1. Part 2 of Article 6 of Chapter 130A of the General Statutes is
14 amended by adding a new section to read:
15 "§ 130A-158.5. Written, informed consent required for vaccine tracking.
16 Notwithstanding any provision of this Article, Article 29B of Chapter 90 of the General
17 Statutes, or any other provision of law to the contrary, each system used to track or record
18 information about individuals residing in this State who have received specific vaccinations or a
19 series of specific vaccinations, including the North Carolina Immunization Registry, the
20 statewide health information exchange known as NC HealthConnex, and the North Carolina
21 COVID-19 Vaccine Management System, shall provide for the following:
22 (1) Written, informed consent from each adult and, in the case of a minor, from a
23 parent or guardian of each minor, whose vaccination records and vaccination
24 information are added to the system for the following:
25 a. The individual's participation in the system or inclusion in the system
26 of the individual's vaccination record or vaccine status with respect to
27 a specific vaccine or series of vaccines.
28 b. The disclosure or sharing of information concerning the individual's
29 vaccination record, vaccine status with respect to a specific vaccine or
30 series of vaccines, or refusal to receive a specific vaccine or series of
31 vaccines. This written, informed consent requirement applies to
32 disclosures and sharing by the system, an individual's health care
33 provider, and an individual's health insurer.
34 (2) An option for an adult or, in the case of a minor, a parent or guardian to
35 withdraw previously granted consent that would trigger the deletion of all the
36 individual's vaccination records and other vaccination information from the
37 system and any other files maintained by the State agency responsible for
38 operating the system."
39
40 PART IV. NO VACCINE MANDATES FOR HEALTH CARE PROVIDERS, STAFF, OR
41 PATIENTS
42
43 PROTECTION FOR HEALTH CARE PROFESSIONALS
44 SECTION 4.1.(a) Chapter 93B of the General Statutes is amended by adding a new
45 section to read:
46 "§ 93B-8.1A. Use of vaccination history records.
47 (a) The following definitions apply in this section:
48 (1) Applicant. – A person who makes application for licensure from an
49 occupational licensing board.
50 (2) Board. – An occupational licensing board or a State agency licensing board as
51 defined in G.S. 93B-1.
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1 (3) Licensee. – A person who has obtained a license to engage in or represent
2 himself or herself to be a member of a particular profession or occupation.
3 (4) Vaccination. – The act of introducing a product into the body that stimulates
4 a person's immune system to produce immunity to a specific disease,
5 protecting the person from that disease through various methods, including
6 needle injections and mouth or nasal spray.
7 (5) Vaccination history record. – Written or digital documentation containing
8 information about a person's vaccinations as a child or adult, including records
9 from health care providers, local health departments, the North Carolina
10 Immunization Registry, employer, or educational institution.
11 (b) Application. – Notwithstanding any other provision of law, a board shall not deny an
12 applicant a license on the basis of whether the applicant has or has not received a specific
13 vaccination, or a series of vaccinations, as shown in the applicant's vaccination history record. A
14 board shall not require the submission of documents containing medical information for the sole
15 purpose of ascertaining an applicant's vaccination history record as part of an application process
16 for licensure. A board shall not use any documents provided or information gathered tending to
17 show a vaccination history record as the basis to deny the applicant a license.
18 (c) Discipline. – Notwithstanding any other provision of law, a board shall not suspend,
19 revoke, decline to renew, decline to reinstate, or take any disciplinary action against a licensee
20 on the basis of whether the licensee has or has not received a specific vaccination or a series of
21 vaccinations as shown in the licensee's vaccination history record.
22 (d) Remedies. – A person who is denied the issuance, reinstatement, or renewal of a
23 license in violation of this section may bring a civil action in district court against the board who
24 violates the provisions of this section and seek to obtain any of the following remedies:
25 (1) Injunctive relief.
26 (2) Affirmative relief.
27 (3) Issuance, renewal, or reinstatement of licensure.
28 (4) Any other relief deemed appropriate."
29 SECTION 4.1.(b) This section applies to applications for licensure, renewals,
30 reinstatements, and revocations of licenses and disciplinary actions on or after the effective date
31 of this act.
32
33 PROTECTION FOR HOSPITAL PATIENTS AND STAFF
34 SECTION 4.2. Part 2 of Article 5 of Chapter 131E of the General Statutes is
35 amended by adding two new sections to read:
36 "§ 131E-79.5. No discrimination against hospital patients on the basis of vaccination status.
37 No hospital licensed under this Article shall refuse to provide any health care services to a
38 patient (i) on the basis of the patient's vaccination history or (ii) because of the patient's refusal
39 to receive a specific vaccination or series of vaccinations or provide proof of immunity to a
40 specific disease.
41 "§ 131E-79.6. No discrimination against physicians, medical residents, or interns on the
42 basis of vaccination status.
43 (a) No hospital licensed under this Article shall deny, terminate, or suspend a physician's
44 hospital privileges (i) on the basis of the physician's vaccination history or (ii) because of the
45 physician's refusal to receive a specific vaccination or series of vaccinations or provide proof of
46 immunity to a specific disease.
47 (b) No hospital licensed under this Article that offers a medical residency program or a
48 clinical program or experience necessary to satisfy a student's degree requirements shall do either
49 of the following:
50 (1) Discriminate against a program applicant for an internship or residency or
51 prohibit the applicant's admission, enrollment, or employment as an intern or
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1 resident (i) on the basis of the student's vaccination history or (ii) because of
2 the student's, intern's, or resident's refusal to receive a specific vaccination or
3 series of vaccinations or provide proof of immunity to a specific disease.
4 (2) Terminate an internship or residency on the basis of an intern's or resident's
5 refusal to receive a specific vaccination or series of vaccinations or provide
6 proof of immunity to a specific disease.
7 (c) Any physician whose hospital privileges are denied, terminated, or suspended in
8 violation of this section or any applicant for or participant in a residency program or clinical
9 program or experience offered by a hospital licensed under this Article who is denied admission
10 into or terminated from the program, in violation of this section, may bring a civil action in
11 district court against the hospital that violates the provisions of this section and obtain any one
12 or more of the following remedies:
13 (1) An injunction against any further violations.
14 (2) Appropriate affirmative relief, including, but not limited to, reinstatement of
15 physician privileges or admission or reinstatement in the residency program
16 or clinical program or experience.
17 (3) Any other relief necessary to ensure compliance with this section.
18 (d) The court may award reasonable costs, including court costs and attorneys' fees, to
19 the prevailing party in an action brought pursuant to this section."
20
21 PROTECTION FOR APPLICANTS AND RESIDENTS OF OTHER HEALTH CARE
22 FACILITIES
23 SECTION 4.3. Part 2 of Article 1 of Chapter 131D of the General Statutes is
24 amended by adding a new section to read:
25 "§ 131D-9.5. No discrimination against adult care home residents based on vaccination
26 status.
27 An adult care home licensed under this Article is prohibited from refusing to admit an
28 applicant or provide services to a resident of the facility (i) on the basis of the applicant's or
29 resident's vaccination history or (ii) because of the applicant's or resident's refusal to receive a