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HB12 INTRODUCED
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HB12
6YPDTZ3-1
By Representatives Yarbrough, Harrison, Butler, Mooney,
Whorton, Pettus, Carns, Stringer, Gidley
RFD: Judiciary
First Read: 13-Jan-26
PFD: 25-Jun-25
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6YPDTZ3-1 05/06/2025 GP (L)lg 2025-1867
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PFD: 25-Jun-25
SYNOPSIS:
This bill would prohibit an employer or
prospective employer from discriminating against an
individual on the basis of the individual's refusal of
certain drugs, vaccines, or facial coverings for
reasons of conscience, including religious convictions.
This bill would prohibit a place of public
accommodation from discriminating against any
individual on the basis of the individual's
immunization status or refusal to wear a facial
covering.
This bill would prohibit a hospital or health
plan insurer from discriminating against any individual
based on the individual's refusal of certain drugs,
vaccines, or facial coverings, except for surgical
masks during the performance of a surgical, medical, or
dental procedure, for reasons of conscience, including
religious convictions.
This bill would prohibit an occupational
licensing board from denying, suspending, revoking, or
refusing to issue, renew, or reinstate a license
because of the immunization status of the licensee or
applicant for a license.
This bill would authorize any individual subject
to discrimination by an employer, prospective employer,
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to discrimination by an employer, prospective employer,
place of public accommodation, hospital, health plan
insurer, or occupational licensing board in violation
of the bill to seek a permanent or preliminary
injunction, and would provide for remedies for the
violation.
This bill would authorize the Attorney General
to bring a civil cause of action against an employer,
prospective employer, place of public accommodation,
hospital, health plan insurer, or occupational
licensing board for a violation.
This bill would also authorize the Attorney
General to defend or participate in a suit on behalf of
an employer, place of public accommodation, hospital,
health plan insurer, or occupational licensing board
that is subject to federal fines, penalties, or
mandates relating to the requirements of this bill.
A BILL
TO BE ENTITLED
AN ACT
Relating to health; to prohibit certain entities from
taking certain discriminatory acts against individuals who
refuse certain immunizations, drugs, or facial coverings for
reasons of conscience; to provide for a private cause of
action for a violation of this act; to authorize the Attorney
General to enforce this act; to provide additional remedies
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General to enforce this act; to provide additional remedies
for a violation; and to authorize the Attorney General to
defend or participate in a suit on behalf of an entity subject
to certain federal penalties relating to the requirements of
this act.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall be known and may be cited as
the Alabama Conscientious Right to Refuse Act.
Section 2. (a) For the purposes of this section, the
following terms have the following meanings:
(1) DISCRIMINATE or DISCRIMINATION. The discharge,
refusal to hire, refusal to promote, demotion, harassment,
segregation, or discrimination in matters of compensation or
benefits against an employee. This term includes any
imposition, requirement, or burden on one class of employees
that is not mandated for all other employees.
(2) EMPLOYER. Any person that accepts the services of
another, including, but not limited to, the services of an
independent contractor or volunteer.
(b) An employer or prospective employer shall not
discriminate against an otherwise qualified individual on the
basis of the individual's refusal of any biologic, DNA-based
product, drug, facial covering, gene editing technology,
pharmaceutical, RNA-based product, or vaccine for reasons of
conscience, including religious convictions, with regard to
job application procedures; the hiring, advancement, or
discharge of employees; employee compensation; job training;
or other terms, conditions, or privileges of employment.
(c)(1) Any individual who is subject to discrimination
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(c)(1) Any individual who is subject to discrimination
in violation of this section may seek a preliminary or
permanent injunction before a circuit court of competent
jurisdiction to enforce this section. A circuit court may
enter any order necessary to remedy the violation, assess
penalties, and award reasonable attorney fees and costs,
including expert fees, to a prevailing plaintiff.
(2) No security in any form may be required for an
action filed under this subsection.
(d)(1) The Attorney General may enforce the provisions
of this section.
(2) If an employer or prospective employer is subject
to federal fines, penalties, or mandates: (i) due to its
compliance with this section; or (ii) which conflict with the
requirements of this section, the Attorney General may defend
or participate in the suit on behalf of the employer or
prospective employer in order to protect its right to comply
with this section.
Section 3. (a) For the purposes of this section, the
following terms have the following meanings:
(1) DISCRIMINATE or DISCRIMINATION. The denial of the
opportunity of an individual or class to participate in an
equal manner as all other individuals, not separate or
segregated, or the denial of equal benefit from the goods,
services, facilities, privileges, advantages, or
accommodations of a place of public accommodation.
(2) IMMUNIZATION STATUS. Whether an individual has the
presence or absence of antibodies or has received or has not
received any vaccination, including biologics, a DNA-based
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received any vaccination, including biologics, a DNA-based
product, gene editing technology, pharmaceutical, or an
RNA-based product administered for the purpose of preventing
an infectious disease.
(3) PUBLIC ACCOMODATION. The same meaning as provided
in Title III of the Americans with Disabilities Act, 42 U.S.C.
§ 12181.
(b) A place of public accommodation shall not
discriminate against any individual on the basis of the
individual's immunization status or refusal to wear a facial
covering for reasons of conscience, including religious
convictions, by denying or restricting in any way the
individual's full and equal enjoyment of goods, services,
facilities, privileges, advantages, or accommodations of the
place of public accommodation.
(c)(1) Any individual who is subject to discrimination
in violation of this section may seek a preliminary or
permanent injunction before a circuit court of competent
jurisdiction to enforce this section. A circuit court may
enter any order necessary to remedy the violation, assess
penalties, and award reasonable attorney fees and costs,
including expert fees, to a prevailing plaintiff.
(2) No security in any form may be required for an
action filed under this subsection.
(d)(1) The Attorney General may enforce the provisions
of this section.
(2) If a place of public accommodation is subject to
federal fines, penalties, or mandates: (i) due to its
compliance with this act; or (ii) which conflict with the
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compliance with this act; or (ii) which conflict with the
requirements of this act, the Attorney General may defend or
participate in the suit on behalf of the place of public
accommodation in order to protect its right to comply with
this section.
Section 4. (a) For the purposes of this section, the
following terms have the following meanings:
(1) DISCRIMINATE or DISCRIMINATION. The denial or
restriction of medical care, public service, or insurance
coverage, payments, reimbursements, or claims to an
individual.
(2) HEALTH PLAN INSURER. All health insurance plan
issuers doing business in Alabama, including any public or
private medical insurance program.
(3) HOSPITALS. The same meaning as provided in Section
22-21-20, Code of Alabama 1975.
(b) A hospital or health plan insurer shall not
discriminate in any way or take any adverse action against:
(i) an individual based on the individual's refusal; or (ii)
an unemancipated minor based on the refusal made on the
minor's behalf by his or her parent, guardian, or legal
representative, of any biologic, DNA-based product, drug,
facial covering, gene editing technology, pharmaceutical,
RNA-based product, or vaccine for reasons of conscience,
including religious convictions, including, but not limited
to, through:
(1) Denying a service, including medical care, a public
service, or organ donation, to the individual;
(2) Penalizing the individual or using financial
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(2) Penalizing the individual or using financial
coercion against the individual; or
(3) Refusing or restricting insurance coverage,
payments, reimbursements, or claims to an individual.
(c)(1) For the purposes of this section, the term
"facial covering" does not include a surgical mask worn during
the performance of a surgical, medical, or dental procedure.
(2) This section may not be construed to prevent the
recommendation of, education on, or access to a facial
covering or other medical intervention specified in this
section.
(d)(1) Any individual who is subject to discrimination
or adverse action in violation of this section may seek a
preliminary or permanent injunction before a circuit court of
competent jurisdiction to enforce this act. A circuit court
may enter any order necessary to remedy the violation, assess
penalties, and award reasonable attorney fees and costs,
including expert fees, to a prevailing plaintiff.
(2) No security in any form may be required for an
action filed under this subsection.
(e)(1) The Attorney General may enforce the provisions
of this section.
(2) If a hospital or health plan insurer is subject to
federal fines, penalties, or mandates: (i) due to its
compliance with this section; or (ii) which conflict with the
requirements of this section, the Attorney General may defend
or participate in the suit on behalf of the hospital or health
plan insurer in order to protect its right to comply with this
section.
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section.
Section 5. (a) For the purposes of this section, the
following terms have the following meanings:
(1) IMMUNIZATION STATUS. The same meaning as provided
in Section 3.
(2) OCCUPATIONAL LICENSING BOARD. The same meaning as
provided in Section 41-9A-1, Code of Alabama 1975.
(b) An occupational licensing board shall not deny,
suspend, revoke, or refuse to issue, renew, or reinstate a
license, as defined by Section 41-9A-1, Code of Alabama 1975,
because of the immunization status of the licensee or
applicant for a license.
(c)(1) Any individual who is subject to any action
described in subsection (b) by an occupational licensing board
may seek a preliminary or permanent injunction before a
circuit court of competent jurisdiction to enforce this
section. A circuit court may enter any order necessary to
remedy the violation, assess penalties, and award reasonable
attorney fees and costs, including expert fees, to a
prevailing plaintiff.
(2) No security in any form may be required for an
action filed under this subsection.
(d)(1) The Attorney General may enforce the provisions
of this section.
(2) If an occupational licensing board is subject to
federal fines, penalties, or mandates: (i) due to its
compliance with this section; or (ii) which conflict with the
requirements of this section, the Attorney General may defend
or participate in the suit on behalf of the occupational
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or participate in the suit on behalf of the occupational
licensing board in order to protect its right to comply with
this section.
Section 6. This act shall become effective on June 1,
2026.
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