On September 29, in just over a 24 hour time span, the Ohio House of Representatives introduced, reviewed in House Health Committee, and tried to pass House Bill 435, legislation that establishes wide exemptions from COVID-19 vaccine mandates for reasons of medical contraindications, natural immunity, or rights of conscience. Given pushback from opponents and a break within the Republican caucus, the bill did not make it to the floor and will now be heard by the House Commerce and Labor Committee with hearings beginning this week.
The bill generally applies to public and private employers, including schools, colleges, and universities, barring any mandate for a vaccine that does not have a biologics license from the Food and Drug Administration (FDA). The bill excludes a few groups from the ability to seek exemptions: employees of children’s hospitals, those working in intensive or critical care units of hospitals, students whose education involves training in those settings, and employers involved in infectious disease research who are subject to federal orders. Also included in the legislation is a bar on requiring proof of vaccination for entry to government facilities, including facilities leased to private organization — a detail that encompasses some of the state’s professional sports stadiums.
The Ohio Department of Health is directed under the bill to set rules for how frequently employees or students claiming the natural immunity exemption would need to be re-tested to demonstrate the continued presence of antibodies.
Bill sponsors, Representatives Rick Carfagna (R-Westerville, OH) and Bill Seitz (R-Cincinnati, OH), claimed the bill seeks a “sensible” balance between personal freedom and the need of businesses and schools to mitigate viral spread for health and safety.
The Vaccine Coalition, of which the Ohio Academy of Family Physicians is a member, immediately issued a statement opposing HB 435 saying the legislation “falls short of what our state needs as we work toward pandemic recovery.”
The Vaccine Coalition statement continues, “This bill does not address the concerns expressed by the medical, business, and university communities about prior proposals of a similar nature.”
Tell your legislators that HB 435 is extremely dangerous and inappropriate for Ohio. Please visit the Ohio State Medical Association’s Advocacy Action Center to send a letter to your elected officials urging them to reject this bill.