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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 112
2025-2026
Representatives Gross, Lear
Cosponsors: Representatives
Swearingen, Barhorst, Fischer, Miller, M., King, Click, Hall, T.,
Creech, Ferguson, Claggett, Miller, K., Mullins, Klopfenstein,
Workman, Dean, Teska, Willis, McClain, John, Mathews, T., Pizzulli,
Ritter, Lorenz, Johnson, Holmes, Bird, Fowler Arthur
A
BILL
To
enact section
3792.09
of the Revised Code
to
prohibit discrimination against an individual for the refusal of
certain medical interventions for reasons of conscience, including
religious convictions, and to name this act the Conscientious Right
to Refuse Act.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section
3792.09
of the Revised Code be enacted to read as follows:
Sec.
3792.09.
(A)
As used in this section:
(1)
"Business" means an association, business trust,
corporation, estate, joint venture, limited liability company,
partnership, sole proprietorship, trust, or other business entity
composed of one or more individuals, whether operated for profit or
not-for-profit.
(2)
"Health plan issuer" has the same meaning as in section
3922.01 of the Revised Code.
(3)
"Individual" means an individual who is eighteen years of
age or older or is an emancipated minor.
(4)
"Political subdivision" means a county, township, municipal
corporation, or other body corporate and politic responsible for
governmental activities in a geographic area smaller than that of the
state. "Political subdivision" also includes a board of
health of a city or general health district.
(5)
"Private college" has the same meaning as in section
3365.01 of the Revised Code.
(6)
"Public official" means any officer, employee, or duly
authorized agent or representative of a state agency or political
subdivision.
(7)
"State agency" means any organized agency, board, body,
commission, department, institution, office, or other entity
established by the laws of the state for the exercise of any function
of state government. "State agency" does not include a
court.
(8)
"State institution of higher education" has the same
meaning as in section 3345.011 of the Revised Code.
(B)
Subject to division (E) of this section, a business, employer,
including an administrator or supervisor, health care provider,
health plan issuer, hospital, institution, nursing home, political
subdivision, private college, public official, residential care
facility, state agency, or state institution of higher education
shall not do any of the following based on an individual's refusal of
any biologic; DNA-based product; drug; facial covering; gene editing
technology; medical device used to track or store health, financial,
or personal information; pharmaceutical; RNA-based product; or
vaccine for reasons of conscience, including religious convictions:
(1)
Deny employment to the individual or terminate the individual's
employment;
(2)
Deny a service, including medical care or a public service, to the
individual;
(3)
Deny the individual access to commerce;
(4)
Segregate the individual;
(5)
Penalize the individual or use financial coercion against the
individual;
(6)
Treat the individual differently than an individual who accepted the
facial coverage or medical intervention.
(C)
In the case of a minor who is not emancipated, the minor shall not be
denied access to medical care, including organ transplantation, based
on the minor's personal representative declining vaccination for that
minor for reasons of conscience, including religious convictions.
(D)(1)
If an individual described in division (B) of this section believes
that a violation of that division has occurred, the individual may do
either or both of the following:
(a)
Petition a court of competent jurisdiction for injunctive relief or a
declaratory judgment;
(b)
Bring a private civil action for money damages in a court of
competent jurisdiction against the business, employer, including an
administrator or supervisor, health care provider, health plan
issuer, hospital, institution, nursing home, political subdivision,
private college, public official, residential care facility, state
agency, or state institution of higher education.
To
prevail in a civil action, the individual must prove, by a
preponderance of the evidence, that the business, employer, health
care provider, health plan issuer, hospital, institution, nursing
home, political subdivision, private college, public official,
residential care facility, state agency, or state institution of
higher education violated division (B) of this section.
(2)
If a minor's personal representative described in division (C) of
this section believes that a violation of that division has occurred,
the personal representative may do either or both of the following on
the minor's behalf:
(a)
Petition a court of competent jurisdiction for injunctive relief or a
declaratory judgment;
(b)
Bring a private civil action for money damages in a court of
competent jurisdiction against the health care provider, health plan
issuer, hospital, or institution that violated division (C) of this
section.
To
prevail in a civil action, the personal representative must prove, by
a preponderance of the evidence, that the health care provider,
health plan issuer, hospital, or institution violated division (C) of
this section.
(3)
Whenever an individual or personal representative who petitions for
injunctive relief or a declaratory judgment prevails in that
petition, the court shall award the individual or personal
representative court costs and reasonable attorney's fees.
Whenever
an individual or personal representative who brings a private civil
action for money damages prevails in that action, the court shall
award the individual or personal representative all of the following:
court costs; reasonable attorney's fees; and three times the amount
of actual damages or two hundred dollars, whichever is greater.
(E)
For purposes of division (B) of this section, a facial covering does
not include a surgical mask worn during the performance of a surgical
procedure.
(F)
A business, employer, including an administrator or supervisor,
health care provider, health plan issuer, hospital, institution,
nursing home, political subdivision, private college, public
official, residential care facility, state agency, or state
institution of higher education that provides a public service is
immune from civil liability for any outbreak of any communicable or
infectious disease or illness that is believed to be prevented by a
vaccine. An entity that provides food services is not immune from
civil liability for a food-borne illness.
(G)
Notwithstanding section 1.51 of the Revised Code, the provisions of
this section prevail over any conflicting provisions in a general
law, to the extent of the conflict, unless the general law contains a
specific exemption from this section. In such a case, the general law
prevails, but only to the extent of the exemption.
(H)
No portion of this section shall prevent the recommendation of,
education on, or access to a facial covering or medical intervention
specified in division (B) of this section.
Section
2.
This
act shall be known as the Conscientious Right to Refuse Act.