This page contains our summaries of the medical freedom bills that have been filed to date. This is our attempt and making it easier to understand what is in each of these bills. To access more information on each bill, please visit our 2022 Legislation page.
HB 21 (BR 65) - Primary Sponsor: Brandon Reed
This bill was pre-filed in June 2021 and is specific to passports for COVID-19 (listed as SARS-COV-2 in the bill language). This bill would ban a governmental body, school district, college or university, or business entity may require a SARS-COV-2 passport. It does not apply to healthcare workers or health facilities. Violations would be subject to a fine of up to $5000
HB 28 (BR 106) - Primary Sponsor: Savannah Maddox
HB 28 was originally known as BR 106 when it was pre-filed by the sponsor in June 2021. Of the medical freedom related bills filed thus far for the 2022 legislative session, KMFC feels that HB 28 is the most comprehensive. The language in this bill is not specific to COVID-19 and would apply to all vaccines.
Section 1 applies to state, county, city, and local governments and would prohibit them requiring a public employee or prospective employee from disclosing their immunization status.
Section 1 also says that a private employer may not require an employee to receive a specific immunization ("immunization" is the language used in the bill) if the employee objects based on religious or conscientiously held beliefs.
Section 2 applies to colleges and universities and says that the school cannot require a student, faculty, or staff member to disclose their immunization status. The schools cannot take adverse action against the student, faculty, or staff member which includes denying access to the school, school facilities, or services offered by the school.
Section 3 would make a slight change to existing law in KRS 344 to make it illegal to deny someone "the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation, resort, or amusement" on the basis of vaccination status.
Section 4 would prevent a business in Kentucky from requiring a vaccine passport as a condition or entry or to receive service.
Section 5 prevents a governmental entity from mandating any type of vaccine passport. It would also ban a governmental entity from sharing citizen vaccine data for this purpose. It would also prevent the state from sharing vaccine data with the federal government.
Section 6 would add conscientiously held belief exemptions for K-12 schools and daycares.
HB 52 - Primary Sponsor: Lynn Bechler
This bill, which was not pre-filed, would make it illegal for an employer to discriminate against employees who declines a vaccine or refuses to disclose their vaccine status. It would also make it illegal to require a vaccine or disclosure of vaccine status a condition of employment.
HB 54 (BR 353) - Primary Sponsor Felicia Rabourn
This bill was pre-filed in August and deals with employer liability. It specifies that if an employer requires a COVID-19 vaccination as a condition of continued or new employment, or if the employer imposes additional requirements on non-vaccinated employees or offers incentives to vaccinated employees, then the employer shall be liable for any adverse reactions within 14 days of the employee receiving any dose of the COVID-19 vaccine.57
HB 57 (BR 384)- Primary Sponsor Mark Hart
This bill would prevent public postsecondary educational institutions (colleges & universities) from requiring any vaccination outside of those required in KRS 214.034 unless the student is in a healthcare related program.
HB 62 - Primary Sponsor: Richard White
HB 62 appears to be identical to HB 54.
OPPOSE - HB 99 - Primary Sponsor: Bill Wesley
This bill is very short and states, "Notwithstanding any law to the contrary, all places of worship, religiously-affiliated schools, religiously-affiliated day care centers, and any employee or attendee of a religiously-affiliated place of worship, or day care center, shall be exempt from any vaccine or face covering requirement. "
While likely not the intent of the bill, we believe this language would result in religiously-affiliated schools and daycares being exempt from the provisions of KRS 214.036 that provide for medical and religious exemptions to school vaccine requirements. Currently, these provisions apply to all schools, both public and private.
HB 112 - Primary Sponsor: Shane Baker
This bill is all about informed consent regarding administering the COVID-19 vaccine to minors. It states, "no person, entity, corporation, company, organization, or government agency, public or private, shall require or coerce in any manner any child to receive a vaccination for COVID-19 or any mutated strain of the COVID-19 virus, other than the child's parents, de facto or legal custodians, or guardians."
This bill specifies that if one parent or guardian objects, then the vaccine cannot be given. The bill also states that the child cannot be disciplined or subject to additional requirements (testing, masking, contact tracing, limited participation, or reduction in health plan benefits) due to not having received the vaccine. Finally, the bill specifies penalties for violations.
HB 178 - Primary Sponsor: Jim Gooch
This bill states that employers must provide the same COVID leave policies for vaccinated and unvaccinated employees.
HB198 - Primary Sponsor: Josh Calloway
This bill is specific to employers that require the COVID-19 vaccine for employees. It says that the employer must allow for medical, religious, and conscientious belief objections. Natural immunity and pregnancy are included under the parameters for a medical exemption. An employer would be prohibited from retaliating against an employee who does not receive the COVID-19 vaccine if the employee submits one of the listed types of exemptions OR submits to weekly testing.
Under this bill, an exemption based on a medical condition would require a signed statement by a physician, APRN, or physician's assistant who is licensed in Kentucky and who has examined the employee within the past calendar year. An exemption based on natural immunity would require a medical provider's signature as well as a laboratory test showing COVID-19 antibodies.
SB 93 - Primary Sponsor: Rick Girdler
This bill would require any employer that requires a vaccination as a condition of employment to allow for medical, religious, and conscientious objection exemptions. It outlines language that may be used in an exemption form, and specifies that no additional documentation will be required.