HB1242: HB1242 Medical Freedom Act; enact

26 LC 60 9006 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 to1 control of hazardous conditions, preventable diseases, and meta bolic disorders, so as to2 repeal the authority of the Department of Public Health and all county boards of health to3 require persons to submit to vaccinations against or other measures to prevent contagious or4 infectious diseases; to repeal authorities and related provisio ns; to prohibit state or local5 government entities from requiring individuals to submit to vac cinations or to prove6 postinfection recovery as a condition for certain actions; to prohibit state or local government7 entities from issuing immunization passports or the like or proof of postinfection recovery8 for the purpose of certifying the health status of an individua l; to prohibit state or local9 government entities from requiring face masks or other facial c overings to minimize the10 spread of contagious or infectious diseases; to prohibit certain entities or individuals doing11 business in this state from requiring patrons or customers to p rovide any documentation12 certifying vaccination or postinfection recovery or to wear a mask or other facial covering13 in order to gain entry to a business or to receive goods or ser vices; to provide for related14 matters; to provide a short title; to repeal conflicting laws; and for other purposes.15 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:16 H. B. 1242 - 1 - 26 LC 60 9006 SECTION 1.17 This Act shall be known and may be cited as the "Medical Freedom Act."18 SECTION 2.19 Chapter 12 of Title 31 of the Official Code of Georgia Annotate d, relating to control of20 hazardous conditions, preventable diseases, and metabolic disorders, is amended by revising21 Code Section 31-12-3, relating to power to require immunization and other preventive22 measures, as follows:23 "31-12-3.24 (a) The department and all county boards of health are empower ed to require, by25 appropriate rules and regulations, persons located within their respective jurisdictions to26 submit to vaccination against contagious or infectious disease where the particular disease27 may occur, whether or not the disease may be an active threat. The department may, in28 addition, require such other measures to prevent the conveyance of infectious matter from29 infected persons to other persons as may be necessary and appro priate. The department30 shall promulgate appropriate rules and regulations for the implementation of the provisions31 of this Code section in the case of a declaration of a public h ealth emergency and shall32 include provisions permitting consideration of the opinion of a person's personal physician33 as to whether the vaccination is medically appropriate or advisable for such person. Such34 rules and regulations shall be adopted pursuant to Chapter 13 o f Title 50, the 'Georgia35 Administrative Procedure Act,' but shall be automatically refer red by the Office of36 Legislative Counsel to the House of Representatives and Senate Committees on Judiciary.37 (b) In the absence of an epidemic or immediate threat thereof, this Code section shall not38 apply to any person who objects in writing thereto on grounds t hat such immunization39 conflicts with his religious beliefs.40 (a) No law, rule, or order by any state or local government entity or any agent or official41 thereof shall require the receipt of a vaccine or proof of post infection recovery for any42 H. B. 1242 - 2 - 26 LC 60 9006 reason, including, but not limited to, as a condition of access to any government service,43 building, or space; employment; professional licensure; access to or enrollment and44 attendance at any public or private pre-kindergarten, kindergarten, elementary, secondary,45 or postsecondary educational institution; any educational diploma, certification, licensure,46 or degree; access to any mode of transportation; access or admi ttance to any child care47 facility, healthcare facility, long-term care facility, or nursing home; or admittance to any48 place of business or entertainment.49 (b) No state or local government entity or any agent or official thereof shall issue vaccine50 or immunization passports, vaccine or immunization passes, proo f of postinfection51 recovery, or any other standardized documentation for the purpose of certifying the health52 status of an individual or otherwise require the publication or sharing of immunization53 records or similar health information for an individual, except as otherwise required by law.54 (c) No law, rule, or order by any state or local government entity or any agent or official55 thereof shall require a person in this state to wear a face mask or other facial covering to56 minimize the spread of a contagious or infectious disease.57 (d) No entity or individual doing business in this state shall require patrons or customers58 to provide proof of postinfection recovery or any documentation certifying vaccination or59 to wear a mask or other facial covering to minimize the spread of a contagious or infectious60 disease in order to gain entry to a business or to receive any goods or services."61 SECTION 3.62 All laws and parts of laws in conflict with this Act are repealed.63 H. 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