Read the full stored bill text
Req. No. 14523 Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3838 By: Gann
AS INTRODUCED
An Act relating to vaccine discrimination; providing
for legislative findings; providing for legislative
intent; defining terms; prohibiting discriminatory
practice; providing exemptions; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1550 of Title 25, unless there
is created a duplication in numbering, reads as follows:
A. The Legislature of the State of Oklahoma finds and declares
the following:
1. Medical privacy is a fundamental right inherent in the
guarantees of liberty, due process, and personal autonomy contained
in Article II of the Oklahoma Constitution, including Sections 2, 7,
and 22. An individual's vaccination status constitutes sensitive
medical information that may not be compelled, disclosed, or used as
a condition of participation in civic life;
Req. No. 14523 Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. Discrimination based on vaccination status or the possession
of an immunity passport undermines equal access to employment,
education, public services, and public accommodations, creating a
two-tiered system of rights contrary to Oklahoma's commitment to
equal treatment under the law;
3. The Montana Supreme Court recently affirmed that state
legislatures possess full constitutional authority to prohibit
discrimination on the basis of vaccination status, ruling
unanimously that such a policy is a legitimate legislative
determination reasonably connected to the protection of medical
privacy and civil liberties. The Oklahoma Legislature recognizes
this persuasive authority and affirms that the same rationale
applies within the framework of Oklahoma law;
4. Throughout the COVID-19 pandemic and subsequent federal
policy shifts, Oklahomans were subjected to coercive pressure,
workplace exclusion, and conditional access to public services based
solely on vaccination status. These practices conflict with
Oklahoma's longstanding tradition of respect for individual liberty,
bodily integrity, and freedom of conscience;
5. The Legislature further finds that no individual should be
compelled to receive a medical product authorized only under an
Emergency Use Authorization or still undergoing safety trials,
consistent with federal law recognizing such products as
investigational and therefore requiring voluntary consent;
Req. No. 14523 Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
6. Immunity passports, digital health passes, and similar
credentialing systems represent an unprecedented expansion of
surveillance into private medical matters and pose a substantial
risk of creating permanent barriers to employment, travel,
education, and public participation; and
7. Preventing vaccine-based discrimination is essential to
protecting the rights of Oklahomans to pursue their livelihoods,
access public services, and maintain control over their personal
medical decisions without fear of reprisal, exclusion, or
governmental pressure.
B. Accordingly, it is the intent of the Legislature to:
1. Prohibit discrimination by employers, state and local
governmental entities, public accommodations, and other institutions
based upon an individual's vaccination status or possession of an
immunity passport;
2. Protect the right of every Oklahoman to decline any medical
procedure without facing adverse employment actions or denial of
access to services;
3. Ensure that no system of immunity passports or digital
medical identification is adopted, mandated, or used to restrict the
freedom of any individual;
4. Preserve Oklahoma's existing school immunization framework
while preventing the expansion of discriminatory practices beyond
those limited statutory requirements;
Req. No. 14523 Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
5. Protect health care facilities from conflict with federal
Centers for Medicare and Medicaid Services (CMS) or the Centers for
Disease Control and Prevention (CDC) conditions of participation
while ensuring that employees maintain the right not to disclose
private medical information;
6. Affirm that the protection of medical privacy, bodily
autonomy, and equal access to public life is a compelling state
interest, fully within the Legislature's authority to preserve; and
7. Establish clear statutory safeguards that ensure Oklahomans
cannot be denied employment, government services, educational
opportunities, health care access, or other essential rights based
on his or her private medical decisions.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1551 of Title 25, unless there
is created a duplication in numbering, reads as follows:
As used in this section:
1. "Immunity passport" means any written, digital, or
electronic record showing that a person is immune to a disease
through vaccination or prior infection; and
2. "Vaccination status" means indication of whether a person
has received one or more doses of any vaccine.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1552 of Title 25, unless there
is created a duplication in numbering, reads as follows:
Req. No. 14523 Page 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
A. Except as provided in subsection C of this section, it shall
be an unlawful discriminatory practice for:
1. Any person or governmental entity to refuse, withhold from,
or deny to any individual any state or local government service,
goods, facilities, advantages, privileges, licensing, educational
opportunities, health care access, or other benefits on the basis of
the individual's vaccination status or possession or lack of
possession of an immunity passport;
2. Any employer to refuse to hire, to discharge, to bar from
employment, or otherwise discriminate in compensation, terms,
conditions, or privileges of employment, on the basis of an
individual's vaccination status or immunity passport; or
3. Any place of public accommodation to exclude, segregate,
refuse service to, or otherwise discriminate against a person based
on vaccination status or immunity passport.
B. Nothing in this section shall prohibit a person,
governmental entity, or employer from recommending that an
individual receive a vaccine.
C. This section shall not apply to:
1. Immunization requirements already established in Oklahoma
law for school admission under Title 70 of the Oklahoma Statutes;
2. Health care facilities acting pursuant to federal
regulations, guidance, or conditions of participation issued by the
Req. No. 14523 Page 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Centers for Medicare and Medicaid Services (CMS) or the Centers for
Disease Control and Prevention (CDC);
3. A health care facility requesting an employee to voluntarily
disclose vaccination status solely for the purpose of implementing
reasonable safety accommodations, and treating the employee as
unvaccinated if the employee declines to answer.
D. No individual shall be required to receive any vaccine that
is:
1. Authorized only under an Emergency Use Authorization; or
2. Undergoing clinical safety trials.
SECTION 4. This act shall become effective November 1, 2026.
60-2-14523 TJ 12/11/25