Rep. Ben Carpenter
Alaska House of Representatives, District 8

HB 175 “An Act relating to COVID-19 immunization rights.”

HB 175 protects immunization rights for all Alaskans. House Bill 175 makes it illegal for any public or private employer in Alaska to mandate Covid-19 vaccination(s) for their employees with a vaccine authorized under Emergency Use Authorization (EUA) and prohibits those entities from requiring documentation as such. The right of Alaskans to choose to receive a Covid-19 vaccination is not affected by HB 175; Alaskan’s will still have the liberty to receive an EUA Covid-19 vaccination if they choose to.

This bill will also provide legal protections for those who do not receive an EUA vaccine and wish to access state and local government facilities or receive any state benefits allowed by law. HB 175 will give an individual the right for civil action if discriminated against for not receiving the COVID-19 vaccine.   

 HB 175 preserves an individual’s right to determine whether COVID-19 vaccination is necessary. There is concern among many Alaskans that the COVID-19 vaccines were rushed through the FDA approval process. Currently the available vaccines are legally provided only under EUA and cannot be required to be taken under EUA or applicable federal law. HB 175 brings state statutes in line with federal regulations prohibiting mandatory vaccinations with experimental vaccines. 

 According to the FDA guidance “FDA-2016-D-1025” when an EUA declaration is terminated, any EUA(s) issued based on that declaration will no longer remain in effect. The federal HHS Secretary’s COVID-19 EUA declaration will terminate on the earlier of: (1) a determination by the HHS Secretary that the circumstances that precipitated the declaration have ceased or (2) a change in the approval status of the product such that the authorized use(s) of the product are no longer unapproved (section 564(b)(2)). 

Individual Alaskans should retain the liberty to decide for themselves whether to receive a vaccine that has not undergone the full approval process and weigh the risks accordingly without undue influence. HB175 protects Alaskan’s choice to vaccinate until an approved vaccine is developed. 

HB 175 can be found here.