As Introduced
136th General Assembly
Regular Session H. B. No. 112
2025-2026
Representatives Gross, Lear
Cosponsors: Representatives Swearingen, Barhorst, Fischer, Miller, M., King,
Click, Hall, T., Creech, Ferguson, Claggett, Miller, K., Mullins, Klopfenstein,
Workman, Dean, Teska, Willis, McClain, John, Mathews, T., Pizzulli, Ritter, Lorenz,
Johnson, Holmes, Bird, Fowler Arthur
A B I L L
To enact section 3792.09 of the Revised Code to
prohibit discrimination against an individual
for the refusal of certain medical interventions
for reasons of conscience, including religious
convictions, and to name this act the
Conscientious Right to Refuse Act.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3792.09 of the Revised Code be
enacted to read as follows:
Sec. 3792.09. (A) As used in this section:
(1) "Business" means an association, business trust,
corporation, estate, joint venture, limited liability company,
partnership, sole proprietorship, trust, or other business
entity composed of one or more individuals, whether operated for
profit or not-for-profit.
(2) "Health plan issuer" has the same meaning as in
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section 3922.01 of the Revised Code.
(3) "Individual" means an individual who is eighteen years
of age or older or is an emancipated minor.
(4) "Political subdivision" means a county, township,
municipal corporation, or other body corporate and politic
responsible for governmental activities in a geographic area
smaller than that of the state. "Political subdivision" also
includes a board of health of a city or general health district.
(5) "Private college" has the same meaning as in section
3365.01 of the Revised Code.
(6) "Public official" means any officer, employee, or duly
authorized agent or representative of a state agency or
political subdivision.
(7) "State agency" means any organized agency, board,
body, commission, department, institution, office, or other
entity established by the laws of the state for the exercise of
any function of state government. "State agency" does not
include a court.
(8) "State institution of higher education" has the same
meaning as in section 3345.011 of the Revised Code.
(B) Subject to division (E) of this section, a business,
employer, including an administrator or supervisor, health care
provider, health plan issuer, hospital, institution, nursing
home, political subdivision, private college, public official,
residential care facility, state agency, or state institution of
higher education shall not do any of the following based on an
individual's refusal of any biologic; DNA-based product; drug;
facial covering; gene editing technology; medical device used to
track or store health, financial, or personal information;
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pharmaceutical; RNA-based product; or vaccine for reasons of
conscience, including religious convictions:
(1) Deny employment to the individual or terminate the
individual's employment;
(2) Deny a service, including medical care or a public
service, to the individual;
(3) Deny the individual access to commerce;
(4) Segregate the individual;
(5) Penalize the individual or use financial coercion
against the individual;
(6) Treat the individual differently than an individual
who accepted the facial coverage or medical intervention.
(C) In the case of a minor who is not emancipated, the
minor shall not be denied access to medical care, including
organ transplantation, based on the minor's personal
representative declining vaccination for that minor for reasons
of conscience, including religious convictions.
(D)(1) If an individual described in division (B) of this
section believes that a violation of that division has occurred,
the individual may do either or both of the following:
(a) Petition a court of competent jurisdiction for
injunctive relief or a declaratory judgment;
(b) Bring a private civil action for money damages in a
court of competent jurisdiction against the business, employer,
including an administrator or supervisor, health care provider,
health plan issuer, hospital, institution, nursing home,
political subdivision, private college, public official,
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residential care facility, state agency, or state institution of
higher education.
To prevail in a civil action, the individual must prove,
by a preponderance of the evidence, that the business, employer,
health care provider, health plan issuer, hospital, institution,
nursing home, political subdivision, private college, public
official, residential care facility, state agency, or state
institution of higher education violated division (B) of this
section.
(2) If a minor's personal representative described in
division (C) of this section believes that a violation of that
division has occurred, the personal representative may do either
or both of the following on the minor's behalf:
(a) Petition a court of competent jurisdiction for
injunctive relief or a declaratory judgment;
(b) Bring a private civil action for money damages in a
court of competent jurisdiction against the health care
provider, health plan issuer, hospital, or institution that
violated division (C) of this section.
To prevail in a civil action, the personal representative
must prove, by a preponderance of the evidence, that the health
care provider, health plan issuer, hospital, or institution
violated division (C) of this section.
(3) Whenever an individual or personal representative who
petitions for injunctive relief or a declaratory judgment
prevails in that petition, the court shall award the individual
or personal representative court costs and reasonable attorney's
fees.
Whenever an individual or personal representative who
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brings a private civil action for money damages prevails in that
action, the court shall award the individual or personal
representative all of the following: court costs; reasonable
attorney's fees; and three times the amount of actual damages or
two hundred dollars, whichever is greater.
(E) For purposes of division (B) of this section, a facial
covering does not include a surgical mask worn during the
performance of a surgical procedure.
(F) A business, employer, including an administrator or
supervisor, health care provider, health plan issuer, hospital,
institution, nursing home, political subdivision, private
college, public official, residential care facility, state
agency, or state institution of higher education that provides a
public service is immune from civil liability for any outbreak
of any communicable or infectious disease or illness that is
believed to be prevented by a vaccine. An entity that provides
food services is not immune from civil liability for a food-
borne illness.
(G) Notwithstanding section 1.51 of the Revised Code, the
provisions of this section prevail over any conflicting
provisions in a general law, to the extent of the conflict,
unless the general law contains a specific exemption from this
section. In such a case, the general law prevails, but only to
the extent of the exemption.
(H) No portion of this section shall prevent the
recommendation of, education on, or access to a facial covering
or medical intervention specified in division (B) of this
section.
Section 2. This act shall be known as the Conscientious
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Right to Refuse Act. 130