Since the start of the COVID-19 pandemic, twenty-nine states in the USA have passed some form of “Right to Refuse” laws to protect against vaccine, masking, or testing mandates. Utah has been a national leader during this time, and they have passed seven Right to Refuse laws. The state has also passed a law allowing patients and doctors to contract out of official “medical norms” to allow physicians to use all their knowledge and wisdom, without a risk to their right to practice medicine. Last, a new film out of Utah offers a look at problems with the COVID-19 vaccines.
Right to Refuse
Utah’s HB1007, passed May 28, 2021, prohibits a face covering requirement in the system of higher education and in the public education system. Next, HB233 passed on March 17, 2021, prohibits the Utah Board of Higher Education and institutions within the higher education system from requiring proof of vaccination unless certain vaccination exemptions are available; it also prohibits higher education institutions and local education agencies that offer both remote and in-person learning from requiring a vaccine-exempt student to participate remotely rather than in-person.
Exemption for Prior COVID-19 Infection and More
HB308 passed March 16, 2021, prohibits a governmental entity from requiring that an individual receive a vaccine for COVID-19, and HB63 passed March 22, 2022, requires an employer to relieve an employee or a prospective employee of a COVID-19 vaccination mandate if the employee or prospective employee submits a physician’s note stating that the employee or prospective employee was previously infected by COVID-19. SB2004 was passed on November 16, 2021. This law prohibits an employer from requiring an employee, a prospective employee, or a blood relative of an employee or prospective employee to receive a vaccine; establishes liability for an employer violation of the Employee Medical Protection Act; and limits an employer’s liability for compliance with the Employee Medical Protection Act.
Genetic Privacy and Integrity
Utah’s SB144 passed on March 24, 2022. It changes the state Genetic Privacy Act to preclude employers and insurers from requiring a genetic procedure, and it defines genetic procedures broadly to include mRNA-type technology. This creative legislation shows us that there are many ways to protect health freedom.
Broad Right to Refuse Protection
Under HB131, passed on March 15, 2023, a public accommodation may not discriminate against an individual based on immunity status; with certain exceptions, prohibits a governmental entity from requiring proof of immunity status; with certain exceptions, makes it unlawful discrimination for an employer to require proof of immunity status; and prohibits a governmental entity or employer from requiring an individual to receive a vaccine.
Alternative Health Care by Licensed Providers
Under Utah’s SB171, passed on March 15, 2023, Utah health care providers may deviate from “medical norms or established practices,” and thereby provide alternative health care services without violating the state occupation and professions act or their duty of care if:
- the provider has the training to “competently and safely administer the alternative health care service;”
- the service has a reasonable potential to benefit that patient;
- these potential benefits outweigh known harms or side effects of the service;
- “the alternative health care service is reasonably justified under the totality of the circumstances;”
- the patient signs a notice of deviation; and
- before providing services, the provider notifies the patient that they may enter into an agreement describing what would constitute the health care provider’s negligence related to deviation.
Further, prior to providing alternative health care, the provider must educate patients as to:
- the “health care services that are within the medical norms and established practices;”
- the fact that “the health care provider is recommending an alternative health care service that deviates from medical norms and established practices;” and
- the rationale for the deviation and any associated risks involved.
Utah: Safe and Effective?
Now available for free online, Utah: Safe and Effective? is a documentary that covers the COVID-19 crisis and vaccine issues. As noted by the filmmakers, they “interview doctors, nurses, and other individuals with regard to their experience regarding the COVID-19 crisis and the rollout of the vaccine. [They] also take a dive into the institutional forces that held sway behind all this, particularly politics (regardless of party affiliations) and the profit motive. This is the work of a small group of health professionals and grassroots volunteers.”
As we can see, Utah has been taking the lead in creative ways to protect health freedom. And taking the Genetic Privacy amendments as a model, other states are looking to pass similar laws. Congratulations to Utah!
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