25.0976.01000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Representatives Henderson, D. Johnston, Christianson, S. Olson, Rios, Frelich, VanWinkle
Senators Walen, Weston
A BILL for an Act to create and enact a new section to chapter 23-12 of the North Dakota
Century Code, relating to an exemption to required vaccines.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. A new section to chapter 23-12 of the North Dakota Century Code is created
and enacted as follows:
Required vaccines - Exemption.
1.As used in this section, "department" means the department of health and human
services.
2.The department shall publicize an exemption exists for required vaccines that do not
meet the minimal standards under this section.
3.Notwithstanding any other law, an individual who is required to receive a vaccine for
any purpose, including as a condition of employment, school attendance, or securing a
license, certification, or degree, may claim an exemption from the requirement if there
is not a vaccine approved by the food and drug administration to fulfill the purpose that
meets the following criteria:
a.The clinical trial the food and drug administration relied on to approve the vaccine
evaluated its safety for at least one year after it was administered against a
control group that received only a placebo or another vaccine that meets the
requirements of this section;
b.The department posts on its website the injuries or disease caused by the
vaccine and the rate at which the injury or disease occurs due to the vaccine;
c.The risk of permanent disability or death from the vaccine has been proven to be
less than that caused by the infection it is intended to prevent; and
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HOUSE BILL NO. 1457
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23 Sixty-ninth
Legislative Assembly
d.The vaccine manufacturer is liable for any death or serious injury caused by the
vaccine.
4.The department shall inform the public that an individual may claim the exemption
under this section on the individual's own behalf or on behalf of a child or dependent.
5.A state agency, political subdivision, board, or commission may not require an
individual to meet any condition that is inconsistent with this section to claim the
exemption under this section.
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