An Act providing for voluntary mRNA vaccine requirement, for waivers and informed consent, for employer and entity penalties, for Pennsylvania National Guard requirements and for enforcement; and imposing penalties.

PRINTER'S NO. 1262
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1018
Session of
2025
INTRODUCED BY MASTRIANO, OCTOBER 21, 2025
REFERRED TO HEALTH AND HUMAN SERVICES, OCTOBER 21, 2025
AN ACT
Providing for voluntary mRNA vaccine requirement, for waivers
and informed consent, for employer and entity penalties, for
Pennsylvania National Guard requirements and for enforcement;
and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the mRNA Vaccine
Choice Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Adult." An individual 18 years of age or older.
"Child." An individual under 18 years of age.
"Entity." A governmental authority, Commonwealth agency,
health care facility, employer, school or private business that
operates in this Commonwealth.
"Health care provider." A person or entity licensed,
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certified or otherwise authorized under the laws of this
Commonwealth to administer vaccines.
"mRNA vaccine." A vaccine that uses messenger ribonucleic
acid technology to elicit an immune response, including vaccines
for COVID-19, influenza or other infectious diseases.
Section 3. Voluntary mRNA vaccine requirement.
(a) Children.--
(1) An entity may not require a child to receive an mRNA
vaccine, except that the child's legal guardian may
voluntarily consent to the child's receipt of an mRNA vaccine
with the acknowledgment required under section 4(b).
(2) The provisions of this subsection shall be construed
to supplement 28 Pa. Code Ch. 23 Subch. C (relating to
immunization). Notwithstanding 28 Pa. Code § 23.83 (relating
to immunization requirements), the following shall apply:
(i) The Department of Health may not add an mRNA
vaccine to the list of immunizations required for school
attendance in this Commonwealth.
(ii) A school director, superintendent, principal or
other person in charge of a public, private, parochial or
nonpublic school in this Commonwealth, including an area
career and technical school, intermediate unit, special
education or home education program, charter school or
cyber charter school, may not require a child to receive
an mRNA vaccine as a condition of admission or
attendance.
(b) Adults.--An entity may not require an adult to receive
an mRNA vaccine, except that an adult may voluntarily consent to
receive an mRNA vaccine with the acknowledgment required under
section 4(b).
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Section 4. Waivers and informed consent.
(a) Refusal waiver.--If an entity requests that an
individual receive an mRNA vaccine and the individual, or in the
case of a child, the child's legal guardian, refuses, the
individual or legal guardian shall execute a written waiver
releasing the entity from liability if the individual
subsequently contracts the disease the vaccine is intended to
prevent.
(b) Consent acknowledgment.--An individual, or in the case
of a child, the child's legal guardian, who voluntarily chooses
to receive an mRNA vaccine shall execute a written
acknowledgment that:
(1) a health care provider fully explained the potential
side effects of the vaccine; and
(2) the individual or legal guardian and the
administering health care provider signed documentation
attesting to the explanation.
(c) Recordkeeping.--A health care provider who administers
or offers an mRNA vaccine shall retain a copy of each waiver or
acknowledgment executed under this section in paper and
electronic form for not less than 10 years. Records under this
subsection shall be retained in accordance with the Health
Insurance Portability and Accountability Act of 1996 (Public Law
104-191, 110 Stat. 1936) and other applicable privacy laws and
shall be limited to executed refusal waivers and informed-
consent acknowledgments.
Section 5. Employer and entity penalties.
(a) Private entities.--A private entity that terminates an
individual's employment because the individual refused to
receive an mRNA vaccine shall:
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(1) pay a civil penalty in an amount not less than
$10,000 and not more than $50,000, based on whether the
violation is a first or repeated offense, payable to the
individual; and
(2) immediately rehire the individual with full back pay
or, at the election of the individual, pay a lump sum equal
to lost wages and benefits plus liquidated damages.
(b) Commonwealth agencies and health care facilities.--
(1) A Commonwealth agency or State-operated health care
facility that suspends, discharges or terminates an
individual because the individual refused to receive an mRNA
vaccine shall immediately reinstate the individual with full
back pay.
(2) A private, for-profit health care facility that
suspends, discharges or terminates an individual because the
individual refused to receive an mRNA vaccine shall
immediately reinstate the individual with full back pay, or a
lump sum equal to lost wages and benefits plus liquidated
damages, and shall also be subject to the civil penalty under
subsection (a)(1).
Section 6. Pennsylvania National Guard requirements.
(a) State authority.--A member of the Pennsylvania National
Guard who is employed by the Commonwealth or ordered to State
active duty under State authority under 51 Pa.C.S. (relating to
military affairs) and who is suspended, discharged or terminated
solely for refusing an mRNA vaccine shall be reinstated to the
member's prior Commonwealth employment status or military rank,
as applicable. This subsection shall only apply to service under
32 U.S.C. (relating to National Guard) or State active duty and
shall not apply to service under 10 U.S.C. (relating to Armed
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Forces).
(b) Back pay.--A member of the Pennsylvania National Guard
who is reinstated under subsection (a) shall receive full back
pay and benefits attributable to Commonwealth employment from
the date of suspension, discharge or termination until
reinstatement. Back pay under this subsection shall apply only
to wages, allowances or benefits payable under State authority
and does not include any Federal military pay or benefits.
(c) Limitations.--Nothing in this section shall be construed
to:
(1) override Federal law, Federal vaccination
requirements or duties performed under Federal authority; or
(2) limit the authority of the Federal Government to
enforce federally mandated vaccinations for federally
recognized duty or training periods.
Section 7. Enforcement.
(a) Administrative complaints.--
(1) A person aggrieved under this act may file a
complaint with any of the following:
(i) The Department of Health for matters involving
health care facilities or health care providers.
(ii) The Office of Administration for matters
involving Commonwealth employment practices.
(iii) A local agency as defined under 2 Pa.C.S. §
101 (relating to definitions) for matters involving the
local agency.
(2) Each complaint under paragraph (1) shall be
processed as an agency proceeding culminating in adjudication
as defined in 2 Pa.C.S. § 101.
(b) Agency procedure.--Adjudications issued under subsection
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(a)(1)(i) or (ii) shall be subject to the practice and procedure
provisions of 2 Pa.C.S. Chs. 5 Subch. A (relating to practice
and procedure of Commonwealth agencies) and 7 Subch. A (relating
to judicial review of Commonwealth agency action). Adjudications
under subsection (a)(1)(iii) shall proceed in accordance with 2
Pa.C.S. Chs. 5 Subch. B (relating to practice and procedure of
local agencies) and 7 Subch. B (relating to judicial review of
local agency action).
(c) Remedies and fees.--An entity found in violation of this
act shall:
(1) comply with the reinstatement, back pay and penalty
provisions of section 5 or 6; and
(2) be liable for the reasonable attorney fees incurred
by the aggrieved party.
(d) Civil action.--In addition to enforcement under this
section, an individual aggrieved under this act may bring a
civil action in a court of competent jurisdiction for
reinstatement, back pay, penalties and attorney fees as
specified under this act.
Section 8. Federal savings clause.
Nothing in this act shall be construed to supersede Federal
law or a federally mandated vaccination requirement in a
federally regulated sector, including Federal military service,
interstate commerce or conditions of Federal funding.
Section 9. Effective date.
This act shall take effect immediately.
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