MEDICAL FREEDOM ACT.

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View NCGA Bill Details2023-2024 Session
House Bill 98 (Public) Filed Monday, February 13, 2023
AN ACT PROHIBITING STATE AGENCIES, LOCAL GOVERNMENTS, AND POLITICAL SUBDIVISIONS OF THE STATE FROM DISCRIMINATING AGAINST PERSONS BASED ON THEIR REFUSAL TO PROVIDE PROOF OF A COVID-19 VACCINATION, OR TO SUBMIT TO A COVID-19 VACCINATION, UNLESS THE VACCINATION IS REQUIRED AS A CONDITION NECESSARY TO RECEIVE FEDERAL FUNDING, IS A FEDERAL REQUIREMENT OF THE CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS), OR IS REQUIRED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF STATE OPERATED HEALTHCARE FACILITIES.
Intro. by Biggs, Hardister, N. Jackson, Lambeth.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Apr 27 2023)

SOG comments (2):

Identical bill

Identical to S 121, filed 2/16/23.

Long title change

Committee substitute to the 1st edition changed the long title. Original long title was AN ACT PROHIBITING STATE AGENCIES, LOCAL GOVERNMENTS, AND POLITICAL SUBDIVISIONS OF THE STATE FROM DISCRIMINATING AGAINST PERSONS BASED ON THEIR REFUSAL TO PROVIDE PROOF OF A COVID-19 VACCINATION OR TO SUBMIT TO A COVID-19 VACCINATION AND PROHIBITING PUBLIC SCHOOLS, STATE AND LOCAL PUBLIC HEALTH AGENCIES, STATE AND LOCAL PUBLIC HEALTH OFFICIALS, AND LOCAL GOVERNMENTS FROM REQUIRING ANY PERSON TO PROVIDE PROOF OF OR TO SUBMIT TO A COVID-19 VACCINATION.

H 98

Bill Summaries:

  • Summary date: Mar 29 2023 - View Summary

    House committee substitute to the 2nd edition makes the following changes. Amends new GS 130A-158.3 (prohibiting COVID-19 vaccination requirements and setting forth certain exemptions) to clarify that neither a State nor local public health official may require proof of COVID-19 vaccination unless certain exemptions apply. (Previously, act just referred to a public health official.) Amends the effective date so that new GS 143-162.6 applies to employment actions taken on or after January 1, 2024.   


  • Summary date: Mar 21 2023 - View Summary

    House committee substitute to the 1st edition makes the following changes. Amends the act's long title.

    Amends new (1) GS 143-162.6, which prohibits State and local governments from denying or refusing employment, or discharging from employment, any person for refusing to submit to a COVID-19 vaccine or series of vaccines, or provide proof of a COVID-19 vaccine; (2) GS 130A-158.3 (prohibiting State and local public health agencies and public health officials from requiring any person, including applicants for employment and employees, to submit to a COVID-19 vaccine or series of vaccines, or to provide proof of vaccination against COVID-19; (3) GS 153A-461 (prohibiting counties from requiring any person to submit to a COVID-19 vaccine or series of vaccines, or to provide proof of vaccination against COVID-19); and (4) GS 160A-499.6 (prohibiting cities from requiring any person to submit to a COVID-19 vaccine or series of vaccines, or to provide proof of vaccination against COVID-19) by adding the following exemption. Adds exemptions for: (1) any employee, vendor, volunteer, trainee, or student that is required by a facility certified by the Centers for Medicare and Medicaid Services to show proof of a COVID-19 vaccination, or to submit to a COVID-19 vaccination or COVID-19 series of vaccinations; (2) an employee employed by any entity that receives federal funding if complying with the statute would result in the loss of that funding; or (3) an employee employed by the Department of Health and Human Services in the Division of State Operated Healthcare Facilities if the Department requires the COVID-19 vaccination or series of vaccinations for that employee. Makes clarifying and conforming changes including changing the statutes' captions.

    Deletes proposed new GS 115C-377.1 that prohibits governing bodies of public school units from (1) adopting policies regarding the use of face coverings and (2) quarantining healthy students. Deletes the conforming changes to GS 115C-12, GS 115C-47, GS 115C-218.75, GS 115C-238.66, and GS 116-239.8 that barred specified types of schools from implementing any health requirement prohibited by new GS 115C-377.1.

    Amends GS 130A-152, which establishes immunization requirements for children in the state, by prohibiting the Commission for Public Health and public schools, community colleges and UNC constituent institutions (was, public colleges and universities) from requiring a student to submit to a COVID-19 vaccine or series of vaccines, or to provide proof of vaccination against COVID-19. Makes conforming changes. Adds an exception for when vaccination or proof of vaccination is required for participation in a program of study, or fulfilling educational requirements for a program, that requires working, volunteering, or training in a facility certified by the Centers for Medicare and Medicaid Services.

    Changes the act's effective date from when it become law to January 1, 2024.


  • Summary date: Feb 13 2023 - View Summary

    Section 1

    Enacts GS 143-162.6 prohibiting State and local governments from denying or refusing employment, or discharging from employment, any person for refusing to submit to a COVID-19 vaccine or series of vaccines, or provide proof of a COVID-19 vaccine. Specifies that the statute does not prevent discharge for cause. Additionally prohibits State and local governments from acts of discrimination or retaliation against an employee who in good faith takes actions in reporting violations of the statute. 

    Section 2

    Enacts GS 115C-377.1 to prohibit governing bodies of public school units from (1) adopting policies regarding the use of face coverings and (2) quarantining healthy students. Effective on the date the act becomes law, allows a student or parent to bring a civil action against a governing body for violating the statute and requires awarding reasonable attorneys' fees and court costs for prevailing claims.

    Enacts new subsections to GS 115C-12, GS 115C-47, GS 115C-218.75, GS 115C-238.66, and GS 116-239.8 to bar the State Board of Education, local boards of education, charter school and regional school boards of directors, and chancellors of lab schools from implementing any health requirement prohibited by new GS 115C-377.1.

    Applies beginning with the 2023-23 school year unless otherwise specified.

    Section 3

    Amends GS 130A-152, which establishes immunization requirements for children in the state, to enact a new subsection prohibiting the Commission for Public Health, and public schools, colleges and universities, from requiring a student to submit to a COVID-19 vaccine or series of vaccines, or to provide proof of vaccination against COVID-19. Makes conforming changes.

    Enacts GS 130A-158.3 prohibiting State and local public health agencies and public health officials from requiring any person, including applicants for employment and employees, to submit to a COVID-19 vaccine or series of vaccines, or to provide proof of vaccination against COVID-19. Includes the Secretary of the Department of Health and Human Services and the State Health Director and the head of any State or local public health agency and their designees in the definition of State or local public health official. Includes other defined terms.

    Section 4

    Enacts GS 153A-461 relating to counties, and GS 160A-499.6 relating to cities, prohibiting counties and cities from requiring any person, including applicants for employment and employees, to submit to a COVID-19 vaccine or series of vaccines, or to provide proof of vaccination against COVID-19. Includes defined terms.