“FIVE FREEDOMS”: ‘An Ohioan Citizen Leader Updates on Stronger Language for Anti Vaccine Passport Bill’

May 21, 2021 • by DFK

To enact section 3792.02 of the Revised Code to authorize an individual to decline a vaccination and to name this act the Vaccine Choice and Anti-Discrimination Act.

Representative Jennifer Gross (R), the sponsor of HB248, recognized that the original HB248 legislative proposal didn’t go far enough to preserve Ohioan’s liberties. As such, she introduced the following amended bill language at the first Health Committee hearing on 5/18/2021:

Rescind Exiting Code – Rescind current Ohio code that asks universities to collect vaccine status information from college students as a prerequisite of admission. (line 275 of the bill)
Protect Vaccine Choice – Prohibit a person, public official or employee, public agency, state agency, political subdivision, school, child day-care center, nursing home, residential care facility, health care provider, insurer, institution, or employer from requiring any vaccine (line 75 of the bill).
Protect Privacy – Prohibit a person, public official or employee, public agency, state agency, political subdivision, school, child day-care center, nursing home, residential care facility, health care provider, insurer, institution, or employer from requesting any vaccination status. (line 112 of the bill). The bill also prohibits the disclosure of a person’s vaccine status (line 118 and 130 of the bill).
Prohibit Vaccine “Passport”/Registry/etc – Prohibit a person, public official or employee, public agency, state agency, political subdivision, school, child day-care center, nursing home, residential care facility, health care provider, insurer, institution, or employer from requesting any vaccination status. (line 114 of the bill)
Provide Transparency & Reinforce that Schools must Honor Exemptions – While the language of the bill permits the existing school mandates and exemptions already within Ohio code to remain law, this bill would require when a school or childcare provider – public or private – notifies parents of existing school mandates, they must also notify parents of applicable law that provides exemptions (line 83 and 93 of the bill), and they must honor those exemptions (line 90 and 100 of the bill). The bill also reinforces that student vaccine information shall be treated as Personally Identifiable Information (line 119 of the bill).
Prohibit Discrimination – Prohibit a person, public official or employee, public agency, state agency, political subdivision, school, child day-care center, nursing home, residential care facility, health care provider, insurer, institution, or employer from discriminating against someone for not receiving a vaccine, participating in vaccine status tracking, not providing proof of vaccination / immunity / testing (lines 143-181 of the bill).
Protect Businesses Following the Law – Prohibit a person, public official or employee, public agency, state agency, political subdivision from discriminating against a business who follows these new laws (lines 187-207 of the bill).
Ensure this New Law Prevails in Future Public Emergencies – Prohibit a public official or employee, public agency, state agency, political subdivision from issuing orders that would conflict with the language in this bill (lines 208-232 of the bill).
Provide Legal Recourse for Violations – When this bill becomes law, if someone violates any provision of the new code, there can be legal repercussions, including a) Civil Rights Complaint, b) complaint to the Attorney General, and c) civil litigation (lines 233-265 of the bill).