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AIM Legislative Round-Up: March 18, 2022

AIM State Legislative Round-Up

We continue to see a lot of action around vaccine policy in state legislatures. The Infectious Diseases Prevention Network recently conducted an analysis on a sample of ten states and found close to 600 vaccine-related bills introduced in these ten states: LA – 33 bills introduced, FL – 61, WI – 69, OK – 99, TN – 86, AZ – 63, GA – 50, ID – 24, MI – 72, and OH 42.

Emerging themes continue to focus on:

1) Employers:  preventing employers from requiring COVID vaccine and creating employer liability for any adverse events caused by mandated vaccines

2) Schools: blocking schools’ ability to require COVID vaccine and preventing schools from hosting vaccine clinics

3) Civil Rights: casting vaccine status as a protected class under the rubric of civil rights

 AIM continues to be concerned that anti-COVID vaccine sentiment may spillover to undermine broader immunization infrastructure and long-standing policies.  As always, we stand ready to assist you in addressing proposed legislation as needed – please contact policy consultant Brent Ewig ([email protected]) for customized assistance.  Following are a few additional examples of recent state actions (although please note this is not a comprehensive review.)

Falsification of vaccine records

  • NY AB 8700 was enacted on 2/24/22. This law makes it a crime to falsify COVID-19 vaccination records and/or alter or destroy computer records indicating a person’s COVID-19 vaccination status.

Exemptions

  • UT H63 was sent to the governor on 3/4/22. This bill requires an employer to exempt an employee or a prospective employee from a coronavirus vaccine requirement if the employee or prospective employee submits a primary care provider’s note stating that the employee or prospective employee was previously infected by coronavirus. 
  • SC S838 moved out of committee to the Senate floor for a vote. This bill prohibits the administration of the COVID-19 vaccine without parental consent (in SC, this is minors under 16).   

Exemptions

  • UT H63 was sent to the governor on 3/4/22. This bill requires an employer to exempt an employee or a prospective employee from a coronavirus vaccine requirement if the employee or prospective employee submits a primary care provider’s note stating that the employee or prospective employee was previously infected by coronavirus. 
  • SC S838 moved out of committee to the Senate floor for a vote. This bill prohibits the administration of the COVID-19 vaccine without parental consent (in SC, this is minors under 16). 

COVID Daycare and School Mandates

  • IA HF2298 (formerly HF 2040) passed the house and moved to the senate. This bill prohibits any licensed childcare center, elementary or secondary school, or post-secondary from requiring COVID-19 vaccine for enrollment prior to July 1, 2029. 

Mandates

  • NH HB1455 moved out of committee to the house floor. This bill would prohibit the state enforcement of Federal vaccine mandates. 
  • OK HB3878 is a new proposal that would require employers to offer exemptions to vaccine mandates and stipulates any employee under 18 years of age is not required to receive any vaccinations without the written permission of a parent or guardian. 
  • OK SB1128 proposes to prevent mandates of vaccines for COVID-19 under EUA or that have been fully licensed but available for less than five years. This bill stipulates that this does not apply to entities that must mandate vaccine to receive federal funding. 
  • OK SB765 was carried over from the 2021 session. This bill proposed to prohibit employers to condition employment attainment or retention based on compliance for a vaccine requirement, not limited to COVID, and with no exception for healthcare settings or other workplaces that have vaccine requirements. 
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Legislative Roundup: March 4, 2022

AIM State Legislative Round-Up

Most legislative sessions are now in full swing, and AIM continues to stand ready to support you as you navigate these potentially challenging waters. View the short video of tips for testifying before state legislatures below, and please reach out to AIM Chief Policy and Government Relations Officer Brent Ewig with any requests for assistance.

As of March 2, at least 497 immunization-related bills have been introduced or carried over from previous sessions. The action appears to be happening in every state except three, and at least 24 bills have been recently enacted.

While too soon to definitively identify any new trends, the focus on prohibiting COVID-19 vaccine requirements and efforts to expand exemptions continues. Examples of recently enacted bills include the following:

  • An individual may object to the administration of a novel coronavirus disease (COVID-19) vaccine based on religious, medical, or other grounds. (AK)
  • An act prohibiting the mandatory disclosure of whether a person has received a vaccination for COVID-19 and disqualifying certain entities from receiving state grants or contracts if noncompliant. (IA)
  • Requiring employers who impose COVID-19 vaccine requirements to allow medical and religious exemptions, providing for waiver requests, authorizing a complaint and investigation process with the secretary of labor for violations related to exemptions, enforcement actions by the attorney general and civil penalties to be imposed by a court for such violations. (KS)
  • Prohibiting discrimination based on vaccine status or possessing an immunity passport. (MT)

Finally, while it is unclear how this might affect state legislation, Politico recently reported that at least five states that previously opposed the concept of so-called vaccine passports are now quietly embracing the technology behind them.

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