House Bill 1242
By: Representatives Byrd of the 20th, Kahaian of the 81st, Horner of the 3rd, Mathiak of the
82nd, and Ridley of the 22nd
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to
control of hazardous conditions, preventable diseases, and metabolic disorders, so as to
repeal the authority of the Department of Public Health and all county boards of health to
require persons to submit to vaccinations against or other measures to prevent contagious or
infectious diseases; to repeal authorities and related provisions; to prohibit state or local
government entities from requiring individuals to submit to vaccinations or to prove
postinfection recovery as a condition for certain actions; to prohibit state or local government
entities from issuing immunization passports or the like or proof of postinfection recovery
for the purpose of certifying the health status of an individual; to prohibit state or local
government entities from requiring face masks or other facial coverings to minimize the
spread of contagious or infectious diseases; to prohibit certain entities or individuals doing
business in this state from requiring patrons or customers to provide any documentation
certifying vaccination or postinfection recovery or to wear a mask or other facial covering
in order to gain entry to a business or to receive goods or services; to provide for related
matters; to provide a short title; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Medical Freedom Act."
SECTION 2.
Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of
hazardous conditions, preventable diseases, and metabolic disorders, is amended by revising
Code Section 31-12-3, relating to power to require immunization and other preventive
measures, as follows:
"31-12-3.
<del>(a) The department and all county boards of health are empowered to require, by
appropriate rules and regulations, persons located within their respective jurisdictions to
submit to vaccination against contagious or infectious disease where the particular disease
may occur, whether or not the disease may be an active threat. The department may, in
addition, require such other measures to prevent the conveyance of infectious matter from
infected persons to other persons as may be necessary and appropriate. The department
shall promulgate appropriate rules and regulations for the implementation of the provisions
of this Code section in the case of a declaration of a public health emergency and shall
include provisions permitting consideration of the opinion of a person's personal physician
as to whether the vaccination is medically appropriate or advisable for such person. Such
rules and regulations shall be adopted pursuant to Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act,' but shall be automatically referred by the Office of
Legislative Counsel to the House of Representatives and Senate Committees on Judiciary.
(b) In the absence of an epidemic or immediate threat thereof, this Code section shall not
apply to any person who objects in writing thereto on grounds that such immunization
conflicts with his religious beliefs.
</del> <ins>(a) No law, rule, or order by any state or local government entity or any agent or official
thereof shall require the receipt of a vaccine or proof of postinfection recovery for any
</ins>
<ins>reason, including, but not limited to, as a condition of access to any government service,
building, or space; employment; professional licensure; access to or enrollment and
attendance at any public or private pre-kindergarten, kindergarten, elementary, secondary,
or postsecondary educational institution; any educational diploma, certification, licensure,
or degree; access to any mode of transportation; access or admittance to any child care
facility, healthcare facility, long-term care facility, or nursing home; or admittance to any
place of business or entertainment.
(b) No state or local government entity or any agent or official thereof shall issue vaccine
or immunization passports, vaccine or immunization passes, proof of postinfection
recovery, or any other standardized documentation for the purpose of certifying the health
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 law.
(c) No law, rule, or order by any state or local government entity or any agent or official
thereof shall require a person in this state to wear a face mask or other facial covering to
minimize the spread of a contagious or infectious disease.
(d) No entity or individual doing business in this state shall require patrons or customers
to provide proof of postinfection recovery or any documentation certifying vaccination or
to wear a mask or other facial covering to minimize the spread of a contagious or infectious
disease in order to gain entry to a business or to receive any goods or services."
</ins> SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.