Requires Dept of Health cover treatment of injury by any mRNA vaccine they promote, prevents mandates of medical products if manufacturer not liable

State: ND
Bill Number: HB 1406
Position: SUPPORT
Action Required: NONE
Status: Died, failed to pass 2nd reading in House by vote of 32 Yeas, 59 Nays on 2/14/2023

Legislation Details:

UPDATE: 2/14/2023 - HB 1406 died, it failed to pass the Second reading in the House by a vote of 32 Yeas, 59 Nays on 2/14/2023. 

UPDATE: 2/10/2023 - HB 1406 was amended and passed the House Human Services Committee.  The amendment removes the section requiring the Dept. of Health to conduct a study.  As amended and engrossed the bill enacts the following 2 new sections:

If the department of health and human services promotes, markets, or advertises any messenger ribonucleic acid vaccine or any vaccine intended to develop an immune system response to SARS - CoV - 2 and any mutation or viral fragments of SARS - CoV - 2 as safe, the department shall cover the costs of treatment and diagnostics for any individual who suffers any physical injury due to receiving the vaccine.

Medical liability of government entity.

1. As used in this section, "medical product" means any product used to diagnose or manage SARS - CoV - 2, any mutation or viral fragments of SARS - CoV - 2, or a future disease, including any medical device, treatment, or drug.

2. Notwithstanding any other provision of law, a state agency, political subdivision, or any other governmental entity, may not require an individual to take, receive, or disclose whether the individual has taken or received a medical product unless the manufacturer of the medical product is liable for any death or serious injury caused by the medical product.

3. Subsection 2 does not apply to a public hospital.

UPDATE: 1/23/2023 - HB 1406 was heard in the House Human Services Committee on 1/23 but no vote was taken. Video of the hearing is posted at: https://www.ndlegis.gov/assembly/68-2023/regular/bill-video/bv1406.html

UPDATE: 1/20/2023 - HB 1406 is scheduled for a hearing in the House Human Services Committee Hearing in the Pioneer Room at the ND State Capitol at from 9:00am - 12:00pm on 1/23/2023. The committee welcomes public testimony in person or remotely. The deadline to submit written testimony is 8:00 AM, 1/23/2023 and the link is here: https://www.ndlegis.gov/legend/committee/testimony/public-testimony/2011/?hearing=4784

HB 1406 was introduced and referred to the House Human Services Committee on 1/16/2023. It is sponsored by Representative Jeff Hoverson

The bill requires the department of health and human services to study and maintain records on the effects of any vaccine intended to develop an immune system response to SARS-CoV-2 and any mutation or viral fragments of SARS-CoV-2. The study must include research on individuals who died thirty days after receiving the vaccine.
If the department of health and human services promotes, markets, or advertises any mRNA vaccine or any vaccine intended to develop an immune system response to SARS-CoV-2 and any mutation or viral fragments of SARS-CoV-2, the department shall cover the costs of treatment and diagnostics for any individual who suffers any physical injury due to receiving the vaccine. 

With the exception of public hospitals, a state agency, political subdivision, or any other governmental entity, may not require an individual to take, receive, or disclose whether the individual has taken or received a medical product unless the manufacturer of the medical product is liable for any death or serious injury caused by the medical product.

NVIC is supporting the bill because vaccine deaths are not being researched and nobody is being held accountable. The financial penalties will make those pushing this vaccine think twice and bear some of the responsibility for the damage the COVID vaccines are doing. NVIC opposes vaccine mandates.  This bill could be improved by instead of making the prohibition on mandates and vaccine status disclosure based on the fact that the vaccine manufacturers are not liable for injuries and deaths, it should simply be prohibiting mandates period.  NVIC does not support vaccine mandates in any form and support for this bill does not imply that we would support mandates if vaccine manufacturers were liable, but we can get behind the intent and affect of the bill, 

https://www.ndlegis.gov/assembly/68-2023/regular/bill-index/bi1406.html - text, status, and history of HB 1406