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Latest Updates: 

 

4/21/2021 - SB 267 passed out of the House Health Committee but as a substitute bill with sections exempting universities, hospitals, and healthcare employees. We will update with more information when we have reviewed the new version of the bill. The bill text is included below.

SB 267 is scheduled for a vote in the House Health Committee Wednesday, 4/21/2021

This bill AS-IS with NO AMENDMENTS prohibits the issuance of vaccine passports by state and local government entities and prohibits businesses from denying goods or services based on an individual's immunization status.

Call To Action:

  •  Use this One Click campaign from AL Freedom Keepers to easily contact representatives with pre-written email templates with just one click! 
     

  •  Personally contact House Representatives about this bill and let them know your thoughts by e-mail, letter, or phone calls. 

  • E-mail addresses for all House Representatives to copy & paste: 

louise.alexander@alhouse.gov; wesley.allen@alhouse.gov; staterep@co.escambia.al.us; mikeball@knology.net; russell.bedsole@alhouse.gov; chris.blackshear@alhouse.gov; barbara.boyd@alhouse.gov; klbrown@cableone.net; jwcarns@gmail.com; chestnut4house@gmail.com; adline.clarke@alhouse.gov; steve.clouse@alhouse.gov; Merika.coleman@alhouse.gov; terri@terricollins.org; danny.crawford@alhouse.gov; dickiedrake45@gmail.com; drummondbarbara@att.net; Corley.ellis@alhouse.gov; cengland1@hotmail.com;  allenfarley@bellsouth.net; david@davidfaulknerAL46.com; jfaust@baldwincountyal.gov; rsfincher77@gmail.com; berry.forte@alhouse.gov; dannygarrett44@gmail.com; victor.gaston@alhouse.gov; juandalynn.givan@alhouse.gov; Jeremy.gray@alhouse.gov; lynn.greer@alhouse.gov; wlmdex@hotmail.com; laura.hall@alhouse.gov; jhanes55@gmail.com; corey_harbison@yahoo.com; jim.hill@alhouse.gov; Rolanda.hollis@alhouse.gov; mholmes@alhouse.gov; ralph.howard@alhouse.gov; steve.hurst@alhouse.gov; reedingram75@gmail.com; Thomas.jackson@alhouse.gov; mljatty@gmail.com; weskitchens@mclo.org; kelvinj73@gmail.com; Nathaniel.ledbetter@alhouse.gov; plee@wrcjobs.com; joe.lovvorn@alhouse.gov; aj.mccampbell@alhouse.gov; thadmcclammy@aol.com; mac.mccutcheon@alhouse.gov; bcld07@gmail.com; charlotte.meadows@alhouse.gov; Arnold.mooney@alhouse.gov; mamoor48@bellsouth.net; rebeccasnordgren@gmail.com; ed.oliver@alhouse.gov; phillip.pettus@alhouse.gov; bill.poole@alhouse.gov; chris.pringle@alhouse.gov; reprafferty@gmail.com; rex.reynolds@alhouse.gov; kerryrich@mclo.org; yke@cec.conteduc.uab.edu; connie.rowe@alhouse.gov; hs1989@aol.com; rodhscott@gmail.com; csea@centurytel.net; ginny.shaver@alhouse.gov; randall.shedd@alhouse.gov; harryshiver@aol.com; ivansmith@alhouse.gov; repsouth16@gmail.com; David.standridge@alhouse.gov; allen.treadaway@alhouse.gov; wadsworth@centurytel.net; tiger9127@bellsouth.net; David.wheeler@alhouse.gov; ritchiewhorton@gmail.com; Margie.wilcox@alhouse.gov; rich@blackwaterresources.com; rwoodsr36@cableone.net;

Full Bill Text:

HOUSE HEALTH COMMITTEE

SUBSTITUTE FOR SB267,

AS ENGROSSED

SYNOPSIS:

 

This bill would prohibit the issuance of vaccine passports by state and local government entities. This bill would prohibit state and local government entities from requiring an individual to receive an immunization as a condition for receiving a government benefit or service, with exceptions. This bill would prohibit institutions of higher education from requiring students or employees to prove vaccination status in certain circumstances. This bill would prohibit entities or individuals doing business in this state from refusing to provide goods or services to an individual based on the immunization status of that individual. This bill would also provide an exception for certain health care providers.

A BILL

TO BE ENTITLED

AN ACT

 

Relating to immunizations; to prohibit the issuance of vaccine passports by government entities; to prohibit government entities from requiring an individual to receive an immunization as a condition for government benefits or services, with exceptions; to prohibit institutions of higher education from requiring students or employees to prove vaccination status in certain circumstances; to prohibit businesses from refusing service to an individual based on that individual's immunization status; and to exclude certain health care providers.

 

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1.

(a) A state or local government entity, or any of its officers or agents, may not issue vaccine or immunization passports, vaccine or immunization passes, or any other standardized documentation for the purpose of certifying the immunization status of an individual, or otherwise require the publication or sharing of immunization records or similar health information for an individual, except as otherwise required by Chapter 30 of Title 16, Code of Alabama 1975, or other applicable state law.

 

(b) A state or local government entity or agency, or any of its officers or agents, may not require an individual to receive an immunization or present documentation of an immunization as a condition for receiving any government benefit or service or for entry into a government building, except as otherwise required by Chapter 30 of Title 16, Code of Alabama 1975, or other applicable state law.

 

(c) An institution of higher education may require a student or employee to prove that he or she has received vaccines required by the institution, including as a condition of attendance or employment, unless he or she demonstrates a bona fide medical condition or religious belief that is contrary to vaccination. Students or employees may not be required to receive vaccinations that are only available via an emergency utilization authorization by the federal Food and Drug Administration, unless the student or employee participates in any clinical or educational activities related to entities covered under subsection (e). 

(d) An entity or individual doing business in this state may not refuse to provide any goods or services, or refuse to allow admission to an individual, based on an individual's immunization status or lack of documentation that an individual has received an immunization.

 

(e) This act shall not apply to physicians, surgeons, dentists, medical institutions, or other health care providers as those terms are defined or otherwise described in Sections 6-5-481 and 6-5-542, or to hospitals as described in Section 22-21-20.

 

Section 2.

This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Alabama Code referenced above:

Alabama Code Title 6-5-481

For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section:

 

(1) MEDICAL PRACTITIONER. Anyone licensed to practice medicine or osteopathy in the State of Alabama, engaged in such practice, including medical professional corporations, associations, and partnerships.

 

(2) DENTAL PRACTITIONER. Anyone licensed to practice dentistry in the State of Alabama, engaged in such practice, including professional dental corporations, associations, and partnerships.

(3) MEDICAL INSTITUTION. Any licensed hospital, or any physician's or dentist's office or clinic containing facilities for the examination, diagnosis, treatment, or care of human illnesses.

 

(4) PROFESSIONAL CORPORATION. Any medical or dental professional corporation or any medical or dental professional association.

 

(5) PHYSICIAN. Any person licensed to practice medicine in Alabama.

 

(6) DENTIST. Any person licensed to practice dentistry in Alabama.

 

(7) HOSPITAL. Such institutions as are defined in Section 22-21-21 as hospitals.

 

(8) OTHER HEALTH CARE PROVIDERS. Any professional corporation or any person employed by physicians, dentists, or hospitals who are directly involved in the delivery of health care services.

 

(9) MEDICAL LIABILITY. A finding by a judge, jury, or arbitration panel that a physician, dentist, medical institution, or other health care provider did not meet the applicable standard of care, and that such failure was the proximate cause of the injury complained of, resulting in damage to the patient.

 

 

 

 

Section 6-5-542

 

For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section:

 

(1) HEALTH CARE PROVIDER. A medical practitioner, dental practitioner, medical institution, physician, dentist, hospital, or other health care provider as those terms are defined in Section 6-5-481.

 

(2) STANDARD OF CARE. The standard of care is that level of such reasonable care, skill, and diligence as other similarly situated health care providers in the same general line of practice, ordinarily have and exercise in like cases. A breach of the standard of care is the failure by a health care provider to comply with the standard of care, which failure proximately causes personal injury or wrongful death. This definition applies to all actions for injuries or damages or wrongful death whether in contract or tort and whether based on intentional or unintentional conduct.

 

(3) FUTURE DAMAGES. Damages for future medical treatment, care, or custody, loss of future earnings, future loss of earning capacity, future loss of bodily function, future loss of consortium, or future pain and suffering.

 

(4) PERIODIC PAYMENT. The payment of money or delivery of other property to the judgment creditor at regular intervals.

 

(5) SUBSTANTIAL EVIDENCE. Substantial evidence is that character of admissible evidence which would convince an unprejudiced thinking mind of the truth of the fact to which the evidence is directed.

 

 

 

 

 

Alabama Code Title 22-21-20

 

For the purpose of this article, the following terms shall have the meanings respectively ascribed to them by this section:

 

(1) HOSPITALS. General and specialized hospitals, including ancillary services; independent clinical laboratories; rehabilitation centers; ambulatory surgical treatment facilities for patients not requiring hospitalization; end stage renal disease treatment and transplant centers, including free-standing hemodialysis units; abortion or reproductive health centers; hospices; health maintenance organizations; and other related health care institutions when such institution is primarily engaged in offering to the public generally, facilities and services for the diagnosis and/or treatment of injury, deformity, disease, surgical or obstetrical care. Also included within the term are long term care facilities such as, but not limited to, skilled nursing facilities, intermediate care facilities, assisted living facilities, and specialty care assisted living facilities rising to the level of intermediate care. The term “hospitals” relates to health care institutions and shall not include the private offices of physicians or dentists, whether in individual, group, professional corporation or professional association practice. This section shall not apply to county or district health departments.

 

(2) PERSON. The term includes individuals, partnerships, corporations, and associations.