On Friday, March 12, the House passed SB8 by a vote of 77-20. A total of eight floor amendments were filed to propose various changes to the bill, but ultimately none of the floor amendments were approved. 

House floor vote on SB8

The House did, however, make a very small change when the bill passed through the House Health & Family Services Committee. The bill used the term "medical provider" in regard to medical exemptions, and this was changed to "health care provider" to be consistent with current terminology. Because of this small change, it was necessary for the bill to return for the Senate in order for the Senate to "concur" with the changes. On March 16 the Senate voted to concur with the change with a vote of 33-1. 

You can watch a recording of the House floor debate on SB8 here. Be sure to click on Part 1. The discussion begins at approximately 29:27.

Senate concurrence vote of 33-1

After a few more procedural steps, SB8 will be sent to the Governor for action. The Governor can sign the bill into law, not sign the bill and it can become law without signature, or veto. If the Governor vetoes the bill, the legislature would have the opportunity to override the veto on the final days of the session, March 29 or 30. The Governor has 10 days to act upon the bill, not counting Sundays.

About SB8

If the state were to ever mandate a vaccine due to an epidemic, be it COVID or any other disease, the language in SB8 would allow any Kentuckian to claim a medical, religious, or conscientious belief/philosophical exemption. The current bill does not add or remove anything from the current medical and religious exemptions for daycare or K-12 attendance.

The original bill language would have also added a philosophical exemption for daycare and K-12, but this language was removed in the Senate due to pushback from schools and medical groups. You can read the entire text as it currently stands here. 

SB8 passed favorably out of the House Health & Family Services Committee on March 4. That same day, four floor amendments were filed. The bill has had two readings and the next step is a vote by the full House, which could come on March 11 or 12. Keep reading below for information on these four amendments and why we oppose each of them.

You can see all the amendments here.

Oppose Floor Amendments 1, 2, 3, and 4

 Here is a summary of the four floor amendments and why we oppose them all.

Amendment 1- Rep. Willner – OPPOSE
This amendment significantly changes the bill so that children cannot be exempted by their parents on religious grounds or conscientiously held beliefs for any potential future vaccine mandated by the state. As we know, Kentucky children can already be exempted from vaccination requirements to attend daycare or K-12 schools, and it is absolutely abhorrent to suggest that parents of those same children could not at the same time be exempt them from a state mandated vaccine due to an epidemic. This makes absolutely no sense at all.
 
Amendment 2 – Willner – OPPOSE
This amendment defines “health care provider” as “medical doctor, doctor of osteopathy, physician assistant, advanced practice registered nurse, or a pharmacist who is licensed in Kentucky” for purposes of medical exemptions, which impacts current medical exemptions for school and daycare, as well as the medical exemptions created by this bill for a potential state mandated vaccine for all persons due to an epidemic.

First, there have already been multiple interpretations of the language in this amendment. Does it mean that all the listed providers must be licensed in Kentucky, or does it mean only the pharmacists must be licensed in Kentucky?
Next, the current process for medical exemptions for school or daycare are notated by a signature on form EPID 230, the Kentucky Certificate of Immunization Status. This form already has stipulations for who is authorized to sign it.

More importantly, it is common for children and adults with complex medical needs to see out of state providers for specialized care. It may well be the case that this provider, who understands the complexities of the individual, is the one who determines that the individual is not a candidate for vaccination. This amendment limits the ability of medical exemptions to be granted to only Kentucky licensed providers. This is not in the best interest of compromised individuals, and it would invalidate some existing medical exemptions for children with regard to K-12 and daycare.

Also, Kentucky has many border states. There are many Kentuckians who see a provider in another state on a regular basis, even without complex medical needs. Those providers may or may not also be licensed in Kentucky.

Amendment 3 – Marzian – Oppose
As was stated in committee, the intent of this amendment is friendly, but unfortunately it was drafted in a way that makes it not applicable to SB8. Although the need for SB8 was brought about by the COVID pandemic, this is not a COVID specific bill. The amendment reads: “The form shall include information on the symptoms and health risks of diseases, including the coronavirus, for which the immunization exemption is submitted.”

This bill would apply to any vaccine mandated in the future for any epidemic. If in 10 years there is a new disease and the state mandates a vaccine for all citizens, this amendment would require the exemption form to also include information on coronavirus, which may be eradicated by then. Not to mention, there are many different types of coronavirus.

In looking at the form already created by the Cabinet for Health and Family Services for use specifically in daycare and K-12 exemptions, we can see that they do include information on the risks of each disease on that form. Therefore, it is reasonable to expect that even without this amendment, the intent of this amendment will be carried out by CHFS if and when they ever need to create a form. Keep in mind that a form will never even be needed if we never encounter a situation where the state decides to mandate a vaccine for all people. 

Finally, it is quite one-sided for the form to only contain information on health risks of the disease and not also include health risks of the vaccine being declined.
 
Amendment 4 – Willner – Oppose
This amendment is a definition of epidemic take from Principles of Epidemiology in Public Health Practice, Third Edition An Introduction to Applied Epidemiology and Biostatistics. 

The amendment reads, “As used in this section, "epidemic" means the occurrence of more cases of disease, injury, or other health condition than expected in a given area or among a specific group of persons during a particular period. Usually, the cases are presumed to have a common cause or to be related to one another in some way.”

This language is extremely broad and is intended for use in public health contexts. This language is NOT suitable for statute. The statute would be no more clear with this amendment added than it is today without having this vague definition of epidemic added.

This definition does not specify who must declare the epidemic, or how it must be declared. Words and phrases like “usually,” “presumed,” “in some way”, and “more… than expected” are arbitrary and add no benefit. What entity sets the expectations of levels of disease as the threshold? SB8 is specific to vaccines being required in an epidemic, but this definition also include injuries. We do not vaccinate against injuries. 

Contact Your Representative - "Yes on SB8 and NO on Amendments 1-4"

1. Continue to call the message line daily at 1-800-372-7181 and ask to leave the following messages:

• For your REPRESENTATIVE in support of SB8. "Please vote YES on SB8 and vote no on Amendments 1-4. This is not about COVID, but about medical freedom." Feel free to customize your message, but keep it brief!
• 2. Email your REPRESENTATIVE asking them to support SB8. Put "Vote YES on SB8, oppose amendments 1-4 - Constituent e-mail" in the subject line. See further below for a sample e-mail.
  

Find your Legislators here. If your Rep does not have their e-mail listed on their bio page, it is firstname.lastname@lrc.ky.gov. You can also get tips here. Please forward any responses received to us at info@kmfc.org. Keep your e-mail concise. Here are some suggestions from our lobbyist and legislators:

Talk about:

• Personal/individual liberty
• Support for mandate removal
• This isn't about COVID, but about the state mandating any future vaccine
  
• Government shouldn't be able to mandate medical procedures
• Religious freedom and choices
• Medical freedom and choices

Avoid:

• Anything off topic (like masking, impeachment, etc.)
• Vaccine safety
• Anything that could be considered a conspiracy theory, especially related to the COVID vaccine

​Sample email or letter to House Members on SB8

Subject line: Vote YES on SB and no on amendments 1-4, constituent e-mail
Dear Representative (their last name),

Senate Bill 8 has passed Health & Family Services, and I am asking you to please vote Yes on this bill and No to floor amendments 1-4 and uphold my ability to make my own medical decisions under any circumstance. This bill passed the Senate with a vote of 34-1.

I am deeply troubled that current Kentucky law would allow the state to forcibly vaccinate me and my family without consent. KRS 214.036 currently states, “In the event of an epidemic in a given area, the Cabinet for Health and Family Services may, by emergency regulation, require the immunization of all persons within the area of epidemic, against the disease responsible for such epidemic.” This is dangerous and unacceptable and it must be changed.

If, in the future, the state were to mandate a vaccine for all citizens due to an epidemic, SB8 would allow Kentucky citizens to be exempted by reason of medical contraindication, religious objection, or objection due to conscientiously held beliefs. There are no current exemptions for adults in Kentucky law, other than for long-term care facilities. The existing exemptions that are more commonly known about relate to children in daycare and K-12 schools. SB8, as amended by the Senate, does NOT change the exemptions for childhood vaccines

Previously, it may have been easy to read the language in KRS 214.036 and discount it as something that would “never happen.” But the events of the past year place these words in a new context. While the administration has stated that there are “no current plans” for mandatory COVID-19 vaccinations, we cannot predict what will happen in the future with the current pandemic or any subsequent situation.  This bill is not only about the COVID vaccine. The government must not be able to force a medical intervention on an individual. This statement stands as inalienable truth and is further reinforced by the fact that the manufacturers of vaccines have no liability for the damages inflicted by their products (National Childhood Vaccine Injury Act of 1986 and The PREP Act).

My reasoning for opposing the floor amendments is as follows. Amendment 1 would remove the ability for parents to exempt their child if the state were to mandate a vaccine in an epidemic. It has nothing to do with existing exemptions for school. Amendment 2 would only allow in-state health care providers to approve a medically necessary exemption, but many people with complex health needs see specialists in other states. Amendment 3 assumes that this bill is only about a COVID vaccine and requires any exemption form to have information about "coronavirus," but this bill applies to any future epidemic. Amendment 4 attempts to define "epidemic," but does so in language that is far too broad to be useful in statute. 

Thank you for your time. 

Sincerely,
Your Name
Your Home Mailing Address

Responses

If you receive a response from a legislator, please share it with us at info@kmfc.org.

What is SB8?

If the state were to ever mandate a vaccine due to an epidemic, be it COVID or any other disease, the language in SB8 would allow any Kentuckian to claim a medical, religious, or conscientious belief/philosophical exemption. The current bill does not add or remove anything from the current medical and religious exemptions for daycare or K-12 attendance.

The original bill language would have also added a philosophical exemption for daycare and K-12, but this language was removed in the Senate due to pushback from schools and medical groups. You can read the entire text as it currently stands here. 

UPDATED 3/1: SB8 has been referred to the House Health & Family Services Committee. The House committees have a process known as "posting" whereby bills are posted or announced at least 24 hours before they are considered by a committee. SB8 was posted today (3/1). It is possible it could be heard by the committee this Thursday (3/4) when the committee meets at Noon EST. 

What is SB8?

If the state were to ever mandate a vaccine due to an epidemic, be it COVID or any other disease, the language in SB8 would allow any Kentuckian to claim a medical, religious, or conscientious belief/philosophical exemption. The current bill does not add or remove anything from the current medical and religious exemptions for daycare or K-12 attendance.

The original bill language would have also added a philosophical exemption for daycare and K-12, but this language was removed in the Senate due to pushback from schools and medical groups. You can read the entire text as it currently stands here. 

What you need to do now

1. Continue to call the message line daily at 1-800-372-7181 and ask to leave the following messages:

• For your REPRESENTATIVE in support of SB8. "Please vote YES on SB8 and support medical freedom." Feel free to customize your message, but keep it brief!
• For members of the HOUSE HEALTH & FAMILY SERVICES COMMITTEE: "Please vote YES on SB8 in Committee."

2. Email your REPRESENTATIVE asking them to support SB8. Put "Vote YES on SB8 - Constituent e-mail" in the subject line. See further below for a sample e-mail.

3. Email all members of the HOUSE HEALTH & FAMILY SERVICES COMMITTEE asking them to vote YES on SB8. Put "Vote YES on SB8 in committee" in the subject line. If one of the members is your Representative, be sure to include that you are their constituent. Below are the emails of the committee members. We recommend that you send separate e-mails if time permits. At very least, use the BCC function if you are only going to send one e-mail. See further below for a sample email.

Kimberly.Moser@lrc.ky.gov
MelindaGibbons.Prunty@lrc.ky.gov
Danny.Bentley@lrc.ky.gov
Adam.Bowling@lrc.ky.gov
Josh.Bray@lrc.ky.gov
Tom.Burch@lrc.ky.gov
Ryan.Dotson@lrc.ky.gov
Daniel.Elliott@lrc.ky.gov
Ken.Fleming@lrc.ky.gov
Deanna.Frazier@lrc.ky.gov
MaryLou.Marzian@lrc.ky.gov
Felicia.Rabourn@lrc.ky.gov
Josie.Raymond@lrc.ky.gov
Steve.Riley@lrc.ky.gov
Scott.Sharp@lrc.ky.gov
Steve.Sheldon@lrc.ky.gov
Nancy.Tate@lrc.ky.gov
Russell.Webber@lrc.ky.gov
Susan.Westrom@lrc.ky.gov
Lisa.Willner@lrc.ky.gov

Find your Legislators here. If your Rep does not have their e-mail listed on their bio page, it is firstname.lastname@lrc.ky.gov. You can also get tips here. Please forward any responses received to us at info@kmfc.org. Keep your e-mail concise. Here are some suggestions from our lobbyist and legislators:

Talk about:

• personal/individual liberty
• support for mandate removal
• government shouldn't be able to mandate medical procedures
• religious freedom and choices
• medical freedom and choices

Avoid:

• anything off topic (like masking, impeachment, etc.)
• vaccine safety
• anything the medical establishment would consider a conspiracy theory

4. Bonus - If you'd like to take an additional step, we recommend you send a physical letter or even a nice card to your Representative asking them to support SB8. Use the same process listed above to find your Representative. On their bio page you will find a mailing address. Some will have both their home address and Frankfort office address listed. Either are fine to use. You can even send a letter to both addresses!

Sample email or letter to House Members on SB8

Subject line if you are a constituent: Vote YES on SB, constituent e-mail
Subject line if you are not a constituent: Vote YES on SB 8

Dear Representative (their last name),

Senate Bill 8 is now in the House, and I urge you to vote Yes on this bill and uphold my ability to make my own medical decisions under any circumstance. This bill passed the Senate with a vote of 34-1.

I am deeply troubled that current Kentucky law would allow the state to forcibly vaccinate me and my family without consent. KRS 214.036 currently states, “In the event of an epidemic in a given area, the Cabinet for Health and Family Services may, by emergency regulation, require the immunization of all persons within the area of epidemic, against the disease responsible for such epidemic.” This is dangerous and unacceptable and it must be changed.

If, in the future, the state were to mandate a vaccine for all citizens due to an epidemic, SB8 would allow Kentucky citizens to be exempted by reason of medical contraindication, religious objection, or objection due to conscientiously held beliefs. There are no current exemptions for adults in Kentucky law, other than for long-term care facilities. The existing exemptions that are more commonly known about relate to children in daycare and K-12 schools. SB8, as amended by the Senate, does NOT change the exemptions for childhood vaccines

Previously, it may have been easy to read the language in KRS 214.036 and discount it as something that would “never happen.” But the events of the past year place these words in a new context. While the administration has stated that there are “no current plans” for mandatory COVID-19 vaccinations, we cannot predict what will happen in the future with the current pandemic or any subsequent situation. The government must not be able to force a medical intervention on an individual. This statement stands as inalienable truth and is further reinforced by the fact that the manufacturers of vaccines have no liability for the damages inflicted by their products (National Childhood Vaccine Injury Act of 1986 and The PREP Act).

Thank you for your time. 

Sincerely,
Your Name
Your Home Mailing Address

Responses

If you receive a response from a legislator, please share it with us at info@kmfc.org.

Yesterday was the first day of the 2021 Kentucky Legislative Session. It is going to be an unusual year with changes made to various aspects of the legislative process, including how citizens can participate in the process.

Several bills were filed that we want to share with you. Some of these bills were pre-filed and were previously known under their BR (bill request) number. Going forward for the rest of the 2021 session, they will be known by their HB or SB number.

☑️HB 36 (BR301)- S. Maddox and 8 co-sponsors. "AN ACT relating to ensuring basic liberties regarding immunizations and *declaring an emergency."

This bill eliminates language from KRS 214.036 that would allow the Cabinet for Health and Family Services to vaccinate "all persons" in the event of an "epidemic." This is the bill for which many of you have already voiced your support when it was known as BR 301. We urge you to keep showing your support by asking your House Representative to support and co-sponsor HB 36.

See the details and read the full bill at https://apps.legislature.ky.gov/record/21rs/HB36.html
(click on the link for Introduced to see the full bill text.)

☑️SB 8- M. Wilson- "AN ACT relating to exceptions to mandatory immunization requirements and *declaring an emergency." (This bill was first filed as SB28, then withdrawn and filed again as SB8.)

This is a newly filed bill with some interesting language. It adds to the current vaccine exemptions for schools and daycares exemptions for "conscientiously held beliefs." This language is proposed to be added to all places in existing statute where exemptions are listed. This bill also takes a different approach than HB 36 to the "epidemic" language in KRS 214.036. Rather than eliminating the language, HB 8 provides for exemptions to any mandatory vaccination in the event of an epidemic.

Contact your state Senator and ask them to support and co-sponsor SB 8.

See details and read the full bill at https://apps.legislature.ky.gov/record/21rs/SB8.html
(click on the link for Introduced to see the full bill text.)

☑️HB 101 (BR 892)- M. Hart and one co-sponsor- "AN ACT prohibiting vaccination requirements for postsecondary education students."

https://apps.legislature.ky.gov/record/21rs/HB101.html
(click on the link for Introduced to see the full bill text.)
.
☑️SB 37 (BR 418)- R. Girdler- "AN ACT relating to immunization and declaring an emergency."

This bill is, in part, identical to HB 36. It differs in that it adds a section to prohibit required immunization of any employee by an employer.

https://apps.legislature.ky.gov/record/21rs/SB37.html
(click on the link for Introduced to see the full bill text.)

Update 1/13/21

​Since this post was first published, SB28 was withdrawn and re-filed as SB8. Also, SB98 was filed.

SB 98 - A. Southworth- "AN ACT relating to immunizations."
Amend KRS 344.010 to define "immunization"; amend KRS 344.040 to prohibit employers from discriminating against an individual who declines immunization or requiring immunization as a condition of employment.

https://apps.legislature.ky.gov/record/21rs/sb98.html
​(click on the link for Introduced to see the full bill text.)

Going Forward

Be sure to check back for updates on our website and social media as these bills hopefully advance.

For info on contacting your legislators, click here.

*In this context, declaring an emergency means that this bill, if passed, it would take effect more quickly than a bill without this provision.

Writing to your state legislators doesn't have to be intimidating. Check out our post on how to find out who are your state legislators. If you are planning to write to them, here is one example of a template you can follow.

Paragraph One: State who you are and that you are their constituent. Write 1-2 sentences about yourself and your ties to the community. Include the name of your city/town, and some personal information such as how long you or your family has lived in Kentucky; what kind of business your family is in; how many children you have; or where you go to church/school. If you know anything you have in common with the legislator, mention it here. 

Paragraph Two: state the purpose of your letter. Here is what we suggest, customized to ask for support of BR 301:

I am opposed to a mandatory COVID vaccine, and I am concerned that current Kentucky law does not protect my right to make medical decisions for my family. 

I am specifically concerned about the last sentence in KRS 214.036, “in the event of an epidemic in a given area, the Cabinet for Health and Family Services may, by emergency regulation, require the immunization of all persons within the area of epidemic, against the disease responsible for such epidemic.” Senator Wilson  has filed SB28 which would address this concern by adding exemptions.  

I would like to know where you stand on this issue and ask that you please support and co-sponsor SB28. 
(Be sure to include this sentence, or something similar, so that they know you are asking them to respond to you.)

Optional: 2-3 sentences about why this is important to you. Use your own words. Are you or a loved one vaccine injured? Are you religiously opposed? You believe that when there is a risk there must always be a choice? DON’T GO OVERBOARD!

Paragraph Three: Thank them for their time, and specifically state that you look forward to receiving their response.

Conclude with your name and include your Kentucky mailing address

The Basics

Each Kentuckian is represented by two elected state level legislators: a member of the Kentucky State Senate (senator) and a member of the Kentucky House of Representatives (representative). These individuals vote on all bills that create or change Kentucky law (Kentucky Revised Statutes or KRS). It is important that both of your state legislators hear from you about issues that are important to you. While you can contact any legislator, it is most important that you communicate with the legislators elected to represent your district.

Find Your Legislators

The Kentucky Legislative Research Commission has an easy to use website to help you determine your legislators. Enter your address and click on the map. Click here to find your legislators.

Making Contact

.Below are some ways you can contact your legislators.

Visiting Your Legislators – By far, a face-to-face meeting is the most effective method of contact with a legislator. During the legislative session (starting in January each year), this most often happens at the legislator’s office in Frankfort, but it is also possible to meet with them in your home district, especially when the legislature is not in session. This is currently complicated by COVID, but you can still ask your legislator if they are open to face-to-face communication. You can also watch for local community events where legislators are scheduled to attend or speak.

**2021 General Assembly Accessibility & COVID Restrictions 
(information courtesy of Kentucky Voices for Health)

GENERAL ACCESS- General Public access to the Capitol Annex and to the Capitol Building will not be allowed. We understand that you will be allowed to enter either building if you have an appointment with an official/policy-maker, but access will be limited to the appointment time and you will be expected to leave the building after the appointment. Your name will have to be given to security at the front door of either building to gain access. We assume that this will have to be done by the official/policy-maker with whom you have the appointment, or by their staff person.

SCHEDULED ANNEX MEETINGS- Meetings will be limited to 3 persons and will take place in Annex offices. When you arrive at the main visitor entrance of the Annex, contact the legislative assistant or LRC staff who will verify your appointment time and may meet you there

Call the Legislative Message Line- A very easy way of making contact is to call the Legislative Message Line at 1-800-372-7181. A message line employee will answer and ask for your name and address. You do NOT need to know who are your legislators; the operator will look that up. You can ask to leave a message for your senator, your representative, other specific legislators, all members of a specific committee, etc. Ask your legislator(s) to support or oppose a certain bill or amendment to a bill. You can also add a personalized message. You can leave separate messages regarding multiple bills during the same call. Calling is usually a very quick and easy process. Every Kentucky voter can call daily!

Writing to Your Legislators–  Writing to your legislator is another great and effective tool.  Letters (particularly hand-written) are sometimes better than e-mail, although both are important.

It is helpful to write to your legislators several times, but even more impactful than multiple letters from the same person are letters from MORE constituents, so ask your friends and relatives to write also. 

Please email KMFC at info@kmfc.org to let us know your legislators' responses.

• Where to mail letters: Letters can be sent to your representative’s home or capitol address. During the session, communication should be sent to their office address. Contact info is available at https://legislature.ky.gov/
• Letters may be handwritten or typed. They should be signed and hand addressed. Handwritten, while more time consuming, is more likely to get seen and noticed!
• Letters should be about one page. 
• Your purpose is not to convince them that vaccines are bad. Your purpose is to emphasize the importance of bodily autonomy and CHOICE. Include your personal reasons for feeling this way.
• If you send an e-mail, be sure to include “constituent" and the bill number in the subject line and include your address in the body of the e-mail.  
• Some legislator e-mail addresses are listed on their legislative profile page, while others only have a generic “contact” link. Their e-mail is usually firstname.lastname@lrc.ky.gov, such as john.doe@lrc.ky.gov. 

Sample Letter to Legislators

Visit this post with a sample letter to legislators.

On October 8, University of Kentucky announced that students who live on or come to campus will be required to receive a flu vaccination by Nov. 1. The University does recognize both religious and medical exemptions.

To exercise a religious exemption, a student should send an e-mail to ReligiousExemptions@UKY.edu. This e-mail must come from the student and not the parents unless the student is under the age of 18. The email must state that getting the flu shot will substantially burden the student's free exercise of religion. We recommend keeping this statement simple and there is no need to include details. There is no form or notarization required.
 
For a medical exemption, a student must register with the Disability Resource Center. The Center can be contacted at DRC@UKY.edu, and more information is available here.

KY Constitutional Attorney, Chris Wiest stated the following.

​"The next battle and uproar, I expect will be on forced vaccination. No, there is no vaccine now. It is in phase III testing. Best guess is early 2021.
But Kentucky law does permit forced vaccination. KRS 214.036:

“Provided, however, that in the event of an epidemic in a given area, the Cabinet for Health and Family Services may, by emergency regulation, require the immunization of all persons within the area of epidemic, against the disease responsible for such epidemic.”

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=8778

Proponents argue it is necessary to protect community health. Those opposed see it as a matter of fundamental liberty and autonomy.
On a federal level, it’s highly likely to be constitutional under Jacobson v. Massachusetts.

On a state level, I wouldn’t hold my breath on this, considering we sort of litigated the issue, on the chicken pox vaccine, up to the Kentucky Supreme Court, and lost, and there were legitimate religious objections in that case that implicated Kentucky’s RFRA. And still forced vaccination okay.

If it’s something you don’t want to happen, it’s in the hands of your state legislators. If it’s something you care about, you should ask your legislators where they stand on this issue and if you are opposed ask them to repeal this and prohibit forced vaccinations. And then vote accordingly."