Privacy vs. public health. KY bill would ban businesses, schools from requiring vaccines

A Northern Kentucky Republican lawmaker has prefiled a bill for the 2022 General Assembly that would prohibit government employers, private businesses and postsecondary schools from requiring immunizations.

The bill also expands the grounds on which K-12 public students can decline immunizations.

“Kentuckians have the ability to make good decisions for themselves and their families when choosing whether or not to receive a vaccine. BR 106 upholds a citizen’s right to privacy in making this decision,” state Rep. Savannah Maddox, R-Dry Ridge, told the Herald-Leader Wednesday.

Public entities could not require that employees disclose immunization status, which covers teachers in K-12 education, Maddox said.

Parents and guardians of K-12 students will have the ability to decline a vaccine through a written, sworn statement on the basis of conscientiously held beliefs, she said.

Maddox said a public school’s ability to require current and future vaccinations is unaffected by the bill, although parents and guardians would be able to decline with a sworn, written statement of conscientiously held belief according to BR 106. Currently, vaccines can only be declined on the basis of medical/religious exemption, she said.

The bill prohibits public entity employers from requiring employees and applicants from disclosing their immunization status; prohibits postsecondary schools from requiring a student, staff, or faculty member to disclose his or her immunization status; and includes the discrimination on the basis of “immunization status” as an unlawful practice.

It prohibits a business from requiring customers to disclose their immunization status as a condition for service or entry and prohibits a public entity from creating standardized documentation with the purpose of certifying vaccination status. The bill prohibits a private employer from requiring a vaccination if the employee is opposed to it.

The legislation allows objections to immunization on the basis of “conscientiously held beliefs”.

In a social media post, Maddox said, “As a citizen and as a legislator, I am very troubled by the concept of a vaccine passport. For this reason, I have pre-filed BR 106 for #KYGA22. This legislation would disallow any potential requirement of vaccine passports or mandatory vaccination in KY.”

An employer who violated the law could be subject to fines of up to $1,000 per day per violation.

Likewise, postsecondary institutions that required students or staff to disclose their immunization status could be denied state grants or contracts and the state could deny the school authorization to operate.

“Supervisors and managers already have been instructed not to ask anyone about their vaccination status. At the same time, we also have no plans to mandate vaccines, “ University of Kentucky spokesman Jay Blanton said Wednesday in response to the legislation.

The Washington Post has recently reported that many colleges are split on requiring shots this fall.

The Kentucky Department of Education is not requiring COVID 19 vaccinations for employees and is not aware of any school districts requiring vaccination or vaccination status, said department spokeswoman Toni Konz Tatman.

“Thus, we are not aware of any need for this legislation in K-12 schools and do not believe it would have any impact, if enacted,’’ Tatman said.

Kentucky Education Commissioner Jason Glass is recommending that everyone get vaccinated to prevent the spread of COVID-19, as soon as their age group is approved, Tatman said.

State Rep. Kelly Flood, D-Lexington, said she opposes Maddox’s legislation.

She said a myriad of environments call for different standards of care, including private businesses and schools. Flood’s son is attending a college in another state that is requiring vaccinations, she said.

“You have to allow a lot of breathing room for wise public health,” said Flood . “That legislation by Rep. Maddox denies that ability.”