Prohibits health care providers from denying emergency treatment due to vaccination status; establishes criminal penalties & creates cause of action

State: NC
Bill Number: HB 567/SB 375
Position: SUPPORT
Action Required: Contact House Health Committee Members, Senate Rules & Operations Committee Members, your Representative, & Senator, ask to SUPPORT
Status: HB 567 referred to House Health Committee on 4/5/2023 | SB 375 referred to Senate Rules and Operations Committee on 3/28/2023

Legislation Details:

HB 567 was introduced and referred to the House Health Committee on 4/5/2023. This bill is sponsored by Representative David Willis

SB 375 was introduced and referred to Senate Rules and Operations Committee on 3/28/2023. This bill is sponsored by Senator Todd Johnson

HB 567 and SB 375 prohibit health care providers from denying emergency treatment due to vaccination status, establishes criminal penalties and creates cause of action:

(a) No health care provider shall refuse to provide health care or professional services to an individual seeking a health care treatment for an emergency medical condition, as defined in 42 U.S.C. § 1395dd(e)(1)(A), due to the individual's vaccination status at the time health care treatment is requested or during the course of health care treatment. For the purposes of this section, "vaccination status" means an indication of whether an individual has received a vaccine of any kind.

(b) An individual may commence a civil action against a health care provider for a violation of this section. A prevailing plaintiff is entitled to any one or more of the following:

(1) Damages, including punitive damages and actual damages.

(2) Injunctive and any other court-approved relief.

(3) Reasonable attorney fees and costs.

(c) A health care provider who violates this section shall be guilty of a Class 2 misdemeanor and shall be referred to the appropriate licensing agency for disciplinary action.

Upon passage, effective October 1, 2023.

42 U.S.C. § 1395dd(e)(1) The term "emergency medical condition" means - (A) a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in-

(i) placing the health of the individual (or, with respect to a pregnant woman, the health of the woman or her unborn child) in serious jeopardy,
(ii) serious impairment to bodily functions, or
(iii) serious dysfunction of any bodily organ or part; 

HB 567 and SB 375 are not listed as companion bills but have identical language. - text, status and history of HB 567 - text, status and history of SB 375