UPDATE: 2/5/2024 - HB 1071 died, it failed to be scheduled for a hearing in the House Committee on Public Health before the deadline for House bills to pass the full House on 2/5/2024.
HB 1071 was introduced and referred to the House Committee on Public Health 1/8/2024. This bill is sponsored by Representative Becky Cash.
HB 1071 establishes statewide medical, religious, and right of refusal vaccine exemptions for all persons. The bill also adds right of refusal exemptions to existing code regarding vaccine exemptions for child care facilities, schools, state educational institutions, teachers, and employees.
Section 1. of HB 1071 establishes that a person may be exempted from receiving an immunization required by an entity if:
certain documentation is provided that the person received the required immunization(s);
the immunization is medically contraindicated;
receiving the immunization is against the person's religious belief; or
the person refuses to permit the immunization after being fully informed of the health risks.
Section 2. of HB 1071 amends existing law regarding regulations for child care providers (IC 12-17.2-3.5-11.1) to include that a child's parent may refuse to permit an immunization after being fully informed of the health risks.
Section 3. of HB 1071 amends existing law regarding regulations for child care centers (IC 12-17.2-4-18.1) to include that a child's parent may refuse to permit an immunization after being fully informed of the health risks.
Section 4. of HB 1071 amends existing law regarding regulations for child care ministries (IC 12-17.2-6-11) to include that a child's parent may refuse to permit an immunization after being fully informed of the health risks.
Section 5. of HB 1071 establishes the following vaccine exemptions for students and teachers:
(a) A student may not be required to receive an immunization under this chapter or IC 20-34-4 when the child's parent refuses to permit the immunization after being fully informed of the health risks.
b) A teacher may not be required to receive an immunization under this chapter or IC 20-34-4 when the teacher refuses to permit the immunization after being fully informed of the health risks.
Section 7-9 of HB 1071 amend existing Indiana statutes to conform with the other provisions in HB 1071.
Section 10. of HB 1071 establishes the following vaccine exemptions for higher education students enrolled at State Educational Institutions:
A student may not be required to receive an immunization required:
(1) under this chapter; or
(2) by the state educational institution;
if the student refuses to permit the immunization after being fully informed of the health risks.
Section 11 of HB 1071 expands existing COVID-19 medical, religious, and prior infection immunity exemptions (IC 22-5-4.6-5) to also include that an employee may refuse to permit the immunization after being fully informed of the health risks.
HB 1071 will be effective upon passage.
NVIC SUPPORTS HB 1071 because it expands vaccine exemption options for adults and children and vaccination should not be a prerequisite for access to childcare, an education, or employment. NVIC is opposed to all vaccine mandates. Vaccines are pharmaceutical products that carry risks of injury and death.
An alternative to this bill would be to remove vaccine mandates completely. HB 1071 should be improved by adding protections against discrimination based on vaccination status and providing penalties for discriminatory action. These protections would minimize the likelihood of a person being pressured into a vaccination they do not want or need.
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