UPDATE: 3/6/2022 - HB 1001 was signed by the Governor on 3/3/2022. The final version of the bill does the following:
- Prohibits Indiana state and local government entities (including public schools) from issuing or requiring immunization passports (state institutions and county/city hospitals are excepted).
- Allows individuals to qualify for unemployment benefits if they have complied with the requirements for seeking an exemption from their employers' COVID-19 immunization requirements and were fired for not being immunized against COVID-19.
- Prohibits employers from issuing COVID-19 vaccine mandates unless they provide individual exemptions that allow employees to opt out on the basis of medical reasons, religious reasons, or natural immunity (the bill provides procedures for each of these exemptions to be used if employers issue a mandate). As long as employers provide accommodations for COVID-19 vaccines in accordance with the federal Civil Rights Act and Americans with Disabilities Act. This provision does not apply to (1) employees outside of the state, (2) federal contractors or recipients of federal postsecondary grants, (3) health care facilities subject to a federal COVID-19 vaccine mandate, (4) professional sports organizations, (5) entertainment organizations or venues which produce or present cultural entertainment or employees who work in close proximity to live sports or entertainment.
- Requires employers who are subject to the above provision to only require COVID-19 tests of exempted individuals twice a week or less. The tests must have FDA approval, be the least invasive testing option available, and not create an undue burden on employees to take them.
- The bill states that employers are not required to have COVID-19 vaccine mandates, nor are they permitted from allowing additional types of exemptions.
- Allows the state health commissioner or the commissioner's designated public health authority to issue standing orders, prescriptions, or protocols to administer or dispense vaccines recommended by ACIP for individuals who are at least five years old (current law limits the age for the commissioner's issuance of standing orders, prescriptions, and protocols for individuals who are at least 11 years old). The bill states that this does not allow the commissioner or designated public health authority to require and individual to be vaccinated against COVID-19, nor does it allow minors to be vaccinated without parental consent. This portion of the bill will expire when the federal public health emergency regarding COVID-19 ends.
NVIC Advocacy does not take a position on portions of the bill which do not relate to vaccines. In addition, we did not take a "support" position on the bill because it allows COVID-19 vaccine mandates to exist by allowing exemption procedures, and NVIC Advocacy does not support vaccine mandates.
Full text the final version of the bill: http://iga.in.gov/legislative/2022/bills/house/1001#document-08361e54
See Leah Wilson’s OpEd that provides insight into how the bill is bad for workers: https://www.indystar.com/story/opinion/2022/03/18/indiana-workplace-vaccine-mandate-law-gov-eric-holcomb-general-assembly/9448373002/
UPDATE: 3/1/2022 - HB 1001 passed the full Senate on 3/1/2022 by a vote of 32 yes and 18 no. The bill will have to go back to the house for approval of amendments. If the House does not approve, then the bill will go to a conference committee to try and work out a compromise. The bill as passed by the Senate does not prohibit COVID-19 Vaccine mandates or discrimination. See news article - https://www.wfyi.org/news/articles/senate-approves-less-restrictive-covid-19-vaccine-employer-mandate-bill
UPDATE: 2/18/2022 - The amended and engrossed version of HB 1001 has been posted. See http://iga.in.gov/legislative/2022/bills/house/1001#document-e2ea51c9
NVIC Advocacy does not support this bill as amended.
UPDATE: 2/16/2022 - HB 1001 was amended and passed the Senate Health & Provider Services Committee on 2/16/2022. The official amendment is not posted as of 7:00 PM on 2/16/2022, however you can see the amendments by clicking on the Senate Committee report. https://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=SB2185&GA=112 Based on this news article - https://www.wfyi.org/news/articles/senate-committee-dramatically-scales-back-covid-19-vaccine-mandate-bill and the blog post by Indiana for Medical Freedom from 2/16/2022 - https://indianaformedicalfreedom.org/author/indianaformedicalfreedom/ - the bill has been gutted.
UPDATE: 2/12/2022 - HB 1001 scheduled for hearing in Senate Health and Provider Services Committee on 2/16/2022 at 9:00 AM in Room 431. Agenda - http://iga.in.gov/documents/9bf64afe
UPDATE: 2/3/2022 - First reading, Referred to the Senate Health and Provider Services Committee on 2/1/2022
UPDATE: 1/20/2022 - HB 1001 referred to the Senate on 1/19/2022 after passed third reading 23: yeas 58, nays 35
UPDATE: 1/14/2022 - HB 1001 passed second reading in House, was amended and ordered engrossed. Several amendments were offered, some were adopted, and some were not. See the latest engrossed version and House amendments for changes - http://iga.in.gov/legislative/2022/bills/house/1001#document-e883fd44
UPDATE: 1/10/2022 - HB 1001 passed the House Committee on Employment, Labor and Pensions as amended on 1/6/2022.
HB 1001 is scheduled for a hearing in the House Committee on Employment, Labor and Pensions on Thursday, Dec. 16th at 9:00 AM in the House Chamber for testimony only. This bill is sponsored by Representative Lehman and has 55 cosponsors.
This bill as introduced would do the following:
Amends current law that was passed in 2021 by HB 1405. That current law, IC 16-39-11, prohibits the "state or a local unit" from requiring an immunization passport or a written, electronic, or printed information regarding an individual's COVID-19 immunization status. The amendment makes the prohibition of vaccine passports apply to an “Indiana governmental entity” that would not include a state institution (as defined in IC 12-7-2-184) or a hospital organized or operated under IC 16-22-1.
Allows employers to mandate COVID-19 Vaccines if the employer provides exemptions that allow an employee to opt out of the requirement on the basis of medical reasons or religious reasons or submit to testing at no cost to the employee not more than once a week. An employer would also not be able to require COVID-19 Vaccines for an employee for 6 months after recovery from COVID-19.
Allows the state health commissioner or the commissioner's designated public health authority to issue standing orders, prescriptions, or protocols to administer or dispense certain immunizations for individuals who are at least five years old (current law limits the age for the commissioner's issuance of standing orders, prescriptions, and protocols for individuals who are at least 11 years old).
NVIC Advocacy is taking a watch position on this bill. NVIC Advocacy does not support vaccine mandates and this bill allows employers to mandate COVID-19 Vaccines with limited exemptions.
If this bill passes as introduced the current prohibition of COVID-19 Vaccine Passports would not apply to certain state institutions and hospitals or the United States and its agencies and instrumentalities.
News article - https://www.theindianalawyer.com/articles/house-gop-again-tries-to-expedite-bill-to-limit-vaccine-mandates-will-hold-hearing-on-dec-16
http://iga.in.gov/legislative/2022/bills/house/1001 - text, status and history for HB 1001