HB 876 – Vaccination Private Choice Protection Act

Primary House Sponsors: Rep. Timothy Moffitt (R-Henderson); Rep. Harry Warren (R-Rowan); Rep. Keith Kidwell (R-Beaufort, Craven); Rep. Mitchell Setzer (R-Catawba)





This bill:

  • Prohibits any public health authority in the State from issuing an order requiring any individual to submit to a COVID-19 vaccination if such action is medically contraindicated for the individual or if receiving a vaccination is against the individual’s religious or philosophical beliefs.
  • Prohibits health care providers from requiring patients to provide permission to use or disclose the patient’s protected health information for marketing or other business purposes or to waive any of the rights provided by certain specified federal regulations as a condition of receiving the vaccination.
  • Prohibits discrimination based on COVID-19 vaccination status by the State, any entity receiving State funding, employers, and public accommodations.
  • Permits an entity, employer, or public accommodation to institute a policy or practice requiring an individual to receive a COVID-19 vaccination or verify the person’s vaccination status provided all of the following apply: (1) the individual is notified that the individual may decline to be vaccinated, may decline to verify the person’s vaccination status, or both; (2) the individual may decline to receive a vaccine, decline to verify the person’s vaccination status, or both, based on a medical contraindication or other condition requiring a reasonable accommodation, natural immunity, or reasons of conscience including a sincerely held religious belief; (3) if the individual is a minor, the minor’s parent or legal guardian may decline to have the minor receive a vaccination, decline to verify the minor’s vaccination status, or both.
  • Prohibits public agencies from issuing or establishing COVID-19 vaccine passports.
  • Prohibits employers from inquiring whether an employee/prospective employee has received vaccination of a drug approved the FDA only for emergency use.
  • Prohibits employers from requiring employees to receive a vaccination of a drug approved by the FDA only for emergency use as a condition of employment.
  • Prohibits employers from discharging or discriminating against an employee who opposes a workplace vaccination program to administer a drug approved the FDA only for emergency use.
  • Prohibits the Governor from requiring or mandating that any person receive a vaccination by operation of executive order.
  • Prohibits State agencies from adopting rules mandating vaccinations as a condition of the receipt, renewal, or reinstatement of a license by an agency.
  • Prohibits educational institutions from asking whether an individual has received a vaccination as a condition of attendance.
  • Prohibits discrimination against hospital patients, physicians, medical residents, and interns on the basis of vaccination status.
  • Prohibits discrimination against adult care home residents and nursing home residents based on vaccination status.
  • Prohibits discrimination in public spaces on the basis of vaccination status.
  • Prohibits an insurer from refusing to insure or refusing to continue to insure an individual, limit the amount of coverage available to an individual, or charge the individual a different rate solely because of an individual’s vaccination status.




Filed – 5/4/2021