Vaccine passports and mandates
November 2021
HB 1511 was signed into law during the 67th Legislative Special Session in November 2021.
The Good:
If you work for an employer with no ties to the federal government, you now have the ability to file an exemption.
The state government is not allowed to mandate COVID-19 vaccines.
The state health department may not develop or distribute vaccine QR codes or vaccine passports.
The Not-So-Good:
Federal employees and those who work for employers contracted with the federal government do not have access to the exemptions from the state. This includes healthcare workers.
Colleges and universities have the option to require a COVID-19 vaccine as a requirement for admission.
The bill prohibits denial of service to customers based on vaccination status, but then places an exception for health care. This leaves the door open for hospitals to discriminate against patients who have not received a COVID-19 vaccine.
Relevant to this bill are the legal challenges to President Biden’s mandate. If the courts rule the mandate unconstitutional and illegal, the exemptions provided by the state then become accessible to all employees affected by federal regulations. If the courts allow the federal mandates to prevail, this bill offers no protection to any entity targeted by the federal government. [Update 1/13/2022: U.S. Supreme Court blocks Biden vaccine-or-test policy for large businesses]
Overall, 1511 fails to protect North Dakotans from the tyrannical overreach of the federal government and from the special interests who are dependent on federal dollars. HB 1510, sponsored by Representative Bob Paulson, was drafted similarly to Montana's law and was a much better bill that would have banned most vaccine mandates and confronted the federal overreach directly
Unfortunately, the better bill (HB 1510) failed to pass the House due to the legislators’ intention of passing the lesser bill.
Until the courts make a decision, there will continue to be uncertainty regarding vaccine mandates. In the meantime, continue standing for freedom however and whenever possible. One suggestion is to encourage small businesses in your community to partner with Health Freedom ND by pledging to join their Freedom Friendly Business Campaign.This pledge shows commitment to supporting the medical rights of employees and customers. Businesses who participate will receive promotion and support.
Email Health Freedom ND for more information at healthfreedomnd@gmail.com.
Overview of HB 1511
Prohibits the state government from requiring documentation for the purpose of certifying the following before providing access to state property, funds, or services:
(1) An individual's COVID-19 vaccination status;
(2) The presence of COVID-19 pathogens, antigens, or antibodies; or
(3) An individual's COVID-19 post-transmission recovery status
Prohibits the state from sharing an individual's COVID-19 vaccination record or similar health information, except as specifically authorized by the individual
Prohibits the state from requiring private businesses to obtain documentation for purposes of certifying the following before employment or providing access to property, funds, or services based on:
(1) An individual's COVID-19 vaccination status;
(2) The presence of COVID-19 pathogens, antigens, or antibodies; or
(3) An individual's COVID-19 post-transmission recovery status.
Prohibits private businesses from requiring customers in this state to provide any documentation certifying COVID-19 vaccination, the presence of COVID-19 pathogens, antigens, or antibodies, or COVID-19 post-transmission recovery to gain access to, entry upon, or services from the business. This does not apply to a developmental disability residential facility or a health care provider, including a long-term care provider, basic care provider, and assisted living provider.
Allows employers to require the COVID-19 injection as a condition of employment or a term of a contract, BUT must allow the following exemptions for employees, prospective employees, or independent contractors:
(1) Proof of COVID-19 antibodies. Such proof is valid for six months from the date of the antibody test.
(2) Periodic COVID-19 tests
(3) A certificate from a North Dakota healthcare provider stating the physical condition of the employee is such that immunization would endanger their life or health.
(4) A certificate stating the employee’s religious, philosophical, or moral beliefs are opposed to receiving the COVID-19 injection.
Allows employers contracted with the federal government to require COVID-19 injections of their employees. The above exemptions do not apply to these employees.
Allows colleges and universities to require the COVID-19 injection for students as a condition for admission.
Prohibits the department of health from creating, administering, providing, or contracting for vaccine QR codes/passports.
