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HB 567

Modify laws governing the Board of Nursing, nursing professionals

136th Legislature (2025-2026) Introduced by Kellie Deeter

Prohibits denying emergency care because of vaccination status (EMTALA); empowers patients with civil damages, possible criminal penalties, and licensing action for violators.

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Bill Summary · HB 567

HB 567 — "Health Care Freedom Act" (summary)

Status: Passed 1st Reading
Introduced: November 12, 2024
Subjects: Health appropriations; DHHS; public health; vaccines; physicians; emergency care

Main purpose

To prohibit health care providers from refusing to provide emergency medical treatment on the basis of a patient’s vaccination status, and to create civil, criminal, and administrative remedies for violations. The bill also allocates a small nonrecurring appropriation for outreach and education about the new requirement.

Key provisions

  • Duty to treat in emergencies

    • Prohibits any health care provider from refusing to provide health care or professional services to an individual seeking treatment for an “emergency medical condition” (as defined in 42 U.S.C. §1395dd(e)(1)(A) — EMTALA) because of the individual’s vaccination status.
    • “Vaccination status” is defined simply as whether an individual has received a vaccine of any kind.

  • Enforcement and remedies

    • Private right of action: an individual may sue a provider for violating the prohibition.
    • Remedies available to a prevailing plaintiff include:
    • Actual and punitive damages;
    • Injunctive and other court-ordered relief;
    • Reasonable attorney’s fees and costs.
    • Criminal penalty: a provider who violates the prohibition is guilty of a Class 2 misdemeanor.
    • Licensing referral: violations must be referred to the appropriate professional licensing agency for disciplinary review.

  • Appropriation for implementation

    • A one-time appropriation of $10,000 (from the General Fund) to the Department of Health and Human Services for outreach and education related to implementing the law.

Who is affected

  • Patients — particularly unvaccinated individuals seeking emergency care — gain a statutory protection against denial of emergency treatment based on vaccination status.
  • Health care providers and institutions (physicians, hospitals, clinics, emergency personnel) — must not deny emergency services on the vaccination-status basis; face civil liability, potential criminal charges, and licensing consequences for violations.
  • State agencies — DHHS (for outreach/education) and professional licensing boards (for disciplinary action) will have implementation and enforcement roles.

Procedural / timeline notes

  • As presented at introduction: HB 567 has passed its first reading (introduced Nov 12, 2024).
  • The text provided mirrors a prior enactment-style draft that set Section 1 effective Oct 1, 2023 and the remainder effective July 1, 2023. If this 2024 bill is enacted it will take effect on the dates specified in the final enrolled act; absent such dates, effectiveness will follow the jurisdiction’s standard rules for enacted bills.

Potential impacts and considerations

  • Access: Likely to improve immediate access to emergency care for patients regardless of vaccination status.
  • Provider compliance and liability: Creates new legal exposure for providers who deny emergency services; may prompt policy updates and staff training to avoid litigation or discipline.
  • Enforcement burden: Licensing boards and courts could see increased complaints and cases; the bill provides only a modest appropriation ($10,000) for outreach, not for enforcement.
  • Narrow scope: The prohibition applies to emergency medical conditions (EMTALA standard); it does not expressly prohibit non‑emergency providers from setting vaccination-related policies for elective or non-emergent care.

This summary describes the bill’s principal elements and likely impacts based on the text provided.

Compiled from official sources — confirm details with the bill’s official record.

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