OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 248 Bill Analysis
134th General Assembly
Click here for H.B. 248’s Fiscal Note
Version: As Introduced
Primary Sponsor: Rep. Gross
Effective Date:
Elizabeth Molnar, Attorney
SUMMARY
Authorizes an individual to decline a vaccination if a public or private entity requires the
individual to be vaccinated.
Requires the mandating entity to notify the individual that vaccination may be declined
and establishes conditions on the manner in which that notice is provided.
Specifies that a mandatory vaccination can be declined either by submitting a written
statement or making a verbal declaration.
Requires the written statement or verbal declaration to include one of the following
reasons for declining vaccination: medical contraindications, natural immunity, or
reasons of conscience, including religious convictions.
Prohibits a public or private entity from taking certain actions against an individual who
declines vaccination.
Names the act the Vaccine Choice and Anti-Discrimination Act.
DETAILED ANALYSIS
Declining vaccination
As introduced, H.B. 248 authorizes an individual to decline a vaccination in the event a
person, political subdivision, public official, or state agency (“public or private entity” or
“mandating entity”) requires the individual to be vaccinated.1 The bill applies to all mandated
vaccinations.
1 R.C. 3792.02(B)(1).
September 17, 2021
Office of Research and Drafting LSC Legislative Budget Office
Definitions
“Person” includes an individual, corporation, business trust, estate, trust, partnership,
and association.
“Political subdivision” means a county, township, municipal corporation, school district,
or other body corporate and politic responsible for governmental activities in a
geographic area smaller than that of the state. Political subdivision also includes a board
of health of a city or general health district.
“Public official” means any officer, employee, or duly authorized representative or
agent of a public office.
“State agency” means every organized body, office, agency, institution, or other entity
established by the laws of the state for the exercise of any function of state
government. State agency also includes every institution or organization that receives
any support from the state.2
Process for declining vaccination
In order to decline a vaccination under the bill, an individual must either (1) submit to
the mandating entity a written statement in which the individual declines to be vaccinated or
(2) verbally declare to the mandating entity that the individual declines to be vaccinated. With
respect to a minor individual, to decline vaccination, the minor’s parent or guardian must
submit the written statement or make the verbal declaration.
The bill requires a written statement or verbal declaration to include at least one of the
following reasons for declining vaccination:
Medical contraindications;
Natural immunity;
Reasons of conscience, including religious convictions.3
The bill specifies that when declining vaccination, the individual or, in the case of a
minor, the minor’s parent or guardian, cannot be required to do anything beyond submitting
the written statement or making the verbal declaration.4
Duties of mandating entity
The bill requires a public or private entity that mandates vaccination to notify an
individual that the individual may decline the vaccination. When notifying, the mandating entity
must do all of the following:
2 R.C. 3792.02(A).
3 R.C. 3792.02(B)(2) and (3).
4 R.C. 3792.02(B)(4).
P a g e |2 H.B. 248
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
Provide the notice in the same manner, communication, frequency, timing, and font in
which the entity notified the individual of the vaccination requirement;
Specify the available exemptions;
Explain that a vaccination may be declined either by written statement or verbal
declaration.5
The bill also requires the mandating entity to accept the written statement or verbal
declaration in the format it was received.6
Prohibited actions
When an individual declines vaccination, the bill prohibits the public or private entity
from doing any of the following:
Discriminating against the individual;
Denying the individual service or access to the entity;
Segregating the individual;
Requiring the individual to wear a facial covering or other vaccination status label;
Otherwise penalizing the individual financially or socially.
It further prohibits the entity from disclosing or otherwise making public an individual’s
vaccination exemption status.7
School and child care immunizations
The bill states that its provisions, including those governing the manner in which notice
of exemptions from mandatory vaccination is provided and the process by which vaccination
may be declined, also apply to the state-mandated vaccines for school children, children
enrolled in child care, and child care staff.8 Note, however, that the bill does not specifically
amend the existing statutory law concerning school child and child care immunizations and
exemptions.9
Special vs. general provisions
The bill specifies that its provisions prevail over any conflicting provisions in a general
law, present or future, to the extent of the conflict. But, if any such general law contains a
5 R.C. 3792.02(C).
6 R.C. 3792.02(B)(2).
7 R.C. 3792.02(D).
8 R.C. 3792.02(E).
9 R.C. 3313.671, 5104.014, 5104.015, 5104.017, 5104.018, and 5104.019, not in the bill.
P a g e |3 H.B. 248
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
specific exemption from the bill’s provisions, including a specific reference to those provisions,
the general law prevails, but only to the extent of the exemption.10
HISTORY
Action Date
Introduced 04-06-21
H0248-I-134/ks
10 R.C. 3792.02(F).
P a g e |4 H.B. 248
As Introduced
Statutes affected: As Pending in House Committee: 3345.47, 1713.55, 3332.25, 3345.85, 3701.133