A bill reintroduced for the Alabama Legislature’s 2026 Session seeks to protect individuals against “discrimination” for refusing to wear a face covering or receive vaccinations.
House Bill 12, sponsored by state Rep. Ernie Yarbrough, R-Trinity, and eight additional House Republicans, would prohibit employers or prospective employers, places of public accommodation, medical providers or occupational licensing boards from “discriminating against an individual” who refuses to wear facial coverings, such as medical face masks, or their refusal to take certain drugs or vaccines.
The prefiled bill, entitled the Alabama Conscientious Right to Refuse Act, cites “reasons of conscience, including religious convictions” as appropriate legally protected justifications for an individual to refuse certain drugs, vaccines or to wear a mask.
HB12 defines discrimination in workplace environments as “the discharge, refusal to hire, refusal to promote, demotion, harassment, segregation, or discrimination in matters of compensation or benefits against an employee,” and draws its definition of public accommodations from Title III of the Americans with Disabilities Act.
The bill would restrict public accommodations from denying an individual “full and equal enjoyment,” of its “goods, services, facilities, privileges, advantages, or accommodations.”
HB12 seeks to restrict a hospital or healthcare plan insurer from “discriminating” or taking “adverse action” against an individual based on their refusal of “any biologic, DNA-based product, drug, facial covering, gene editing technology, pharmaceutical, RNA-based product, or vaccine.”
It would also protect against “adverse action” taken against an unemancipated minor based on a parent or guardian refusing their access to a medical service or product for reasons of conscience.
HB12 clarifies its constraints do not prevent medical professionals from being compelled to wear surgical masks during surgical, medical or dental procedures.
The bill would also prohibit an occupational licensing board from denying, revoking, suspending and refusing to issue or renew a license because of the immunization status of the licensee or applicant.
HB12 would authorize any individual who claims to have been subject to discrimination based on their immunization status or refusal to wear a face covering to seek a permanent or preliminary injunction providing remedies for the violation of the act.
It would also authorize Alabama’s attorney general to bring a civil cause of action against an employer, place of public accommodation, hospital, health plan insurer or occupational licensing board for violating the act.
The attorney general would be authorized to defend or participate in a suit on behalf of entities subject to federal fines, penalties or mandates because of their compliance with the bill’s requirements.
A version of the bill was filed by Yarbrough during the 2025 legislative session where it failed to progress past the House Health Committee. Similar legislation was also filed by the representative in 2023, which also failed to be approved in committee.
“Free market businesses have a legal right to put the time and talents of their employees to work, but they do not own their bodies and consciences. Passing the Alabama Health Freedom Act will protect the personal liberty and health freedom of our citizens,” Yarbrough said of the bill.
The representative described “COVID mandate and vaccine garbage” as his reasoning for reintroducing Whorton’s bill, claiming he was inspired to run for office because of nurses fired in his district for refusing COVID vaccinations.
The 2023 version of the bill, dubbed the Alabama Health Freedom Act, was identical to legislation filed in the two years prior by state Rep. Ritchie Whorton, R-Owens Cross Roads.
If passed, HB12 will go into effect June 1, 2026.
