North Carolina 2023-2024 Session Status: Enacted 27 R cosponsors

HB 98 — Right to Try Individualized Treatments.

Last action — Signed by Gov. 7/8/2024

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 13, 2023. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 82% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 32 sponsors

    3 primary, 29 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (27 R).

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

126 added · 143 removed

Plain-language change summary

The updates to House Bill 98 provide clearer restrictions on health requirements that can be enforced in schools across North Carolina. Specifically, it now explicitly prohibits various educational bodies, including local school boards and charter schools, from implementing health requirements that are forbidden under existing state law. This change is significant because it reinforces the legal framework that governs health policy in schools and affects how educational institutions can respond to health-related directives.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2023 H 2 HOUSE BILL 98 Committee Substitute Favorable 3/21/23 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2023 H 1 HOUSE BILL 98 Short Title:
Representatives Biggs, Hardister, N.
Jackson, and Lambeth (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
February 14, 2023 A BILL TO BE ENTITLED AN ACT PROHIBITING STATE AGENCIES, LOCAL GOVERNMENTS, AND POLITICAL SUBDIVISIONS OF THE STATE FROM DISCRIMINATING AGAINST PERSONS BASED ON THEIR REFUSALTO PROVIDE PROOF OF A COVID-19 VACCINATION, OR TO SUBMIT TO A COVID-19 VACCINATION, UNLESS THE VACCINATION IS REQUIRED AS A CONDITION NECESSARY TO RECEIVE FEDERAL FUNDING, IS A FEDERAL REQUIREMENT OF THE CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS), OR IS REQUIRED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF STATE OPERATED HEALTHCARE FACILITIES.
Health, if favorable, Judiciary 1, if favorable, Rules, Calendar, and Operations of the House February 14, 2023 A BILL TO BE ENTITLED AN ACT PROHIBITING STATE AGENCIES, LOCAL GOVERNMENTS, AND POLITICAL SUBDIVISIONS OF THE STATE FROM DISCRIMINATING AGAINST PERSONS BASED ON THEIR REFUSAL TO PROVIDE PROOF OF A COVID-19 VACCINATION OR TO SUBMIT TO A COVID-19 VACCINATION AND PROHIBITING PUBLIC SCHOOLS, STATE AND LOCAL PUBLIC HEALTH AGENCIES, STATE AND LOCAL PUBLIC HEALTH OFFICIALS, AND LOCAL GOVERNMENTS FROM REQUIRING ANY PERSON TO PROVIDE PROOF OF OR TO SUBMIT TO A COVID-19 VACCINATION.
Discrimination against persons based on refusal of COVID-19 vaccination and exemption.
Discrimination against persons based on refusal of COVID-19 vaccination.
(a) No State agency, city, county, or political subdivision of the State shall denyor refuse employment to any person or discharge any person from employment due to the person's refusal to provide proof of a COVID-19 vaccination or the person's refusal to submit to a COVID-19 vaccination or a series of COVID-19 vaccinations, unless the exemption in subsection (c) of this section applies.
(a) No State agency, city, county, or political subdivision of the State shall denyor refuse employment to any person or discharge any person from employment on account of the person's having refused to provide proof of a COVID-19 vaccination or the person's refusal to submit to a COVID-19 vaccination or a series of COVID-19 vaccinations.
This section shall not be construed to prevent the person from being discharged for cause.
This section shall not be construed to prevent the person from beingdischarged for cause.
or testify or provide information to any person with respect to the provisions of subsection (a) of this section.
or testify or provide information to any person with respect to the provisions of subsection (a) of this section." SECTION 2.(a) Article 25B of Chapter 115C of the General Statutes is amended by adding a new section to read:
(c) An exemption to subsections (a) and (b) of this section applies to the following:
"§ 115C-377.1.
(1) Any employee, vendor, volunteer, trainee, or student, that is required by a facility certified by the Centers for Medicare and Medicaid Services to show proof of a COVID-19 vaccination, or to submit to a COVID-19 vaccination or COVID-19 series of vaccinations.
Prohibited health requirements.
(2) An employee employed by any entity that receives federal funding if complying with subsection (a) or (b) of this section would result in the loss of that federal funding.
(a) Governing bodies of public school units shall not adopt anypolicies regarding the use of face coverings.
(3) An employee employed by the Department of Health and Human Services in theDivision ofStateOperatedHealthcare FacilitiesiftheDepartment requires the COVID-19 vaccination or series of vaccinations for that employee." *H98-v-2* General Assembly Of North Carolina Session 2023 SECTION 2.
(b) Governing bodies of public school units shall not quarantine healthy students.
Part 2 of Article 6 of Chapter 130A of the General Statutes is amended by adding a new section to read:
(c) If a public school unit violates this section, the student subject to the violation or that student's parent may bring a civil action against the governing body of the public school unit.
A student or parent that prevails on a claim for a violation of this section shall be entitled to reasonable attorneys' fees and court costs." *H98-v-1* General Assembly Of North Carolina Session 2023 SECTION 2.(b) G.S.
115C-12 is amended by adding a new subdivision to read:
"(49) Prohibited health requirements.
– The State Board of Education shall not implement any health requirement prohibited under G.S.
115C-377.1 in any school operated under the control of the Board." SECTION 2.(c) G.S.
115C-47 is amended by adding a new subdivision to read:
"(68) Prohibited health requirements.
– Local boards of education shall not implement any health requirement prohibited under G.S.
115C-377.1." SECTION 2.(d) G.S.
115C-218.75 is amended by adding a new subsection to read:
"(k) Prohibited Health Requirements.
– The board of directors of a charter school shall not implement any health requirement prohibited under G.S.
115C-377.1." SECTION 2.(e) G.S.
115C-238.66 is amended by adding a new subdivision to read:
"(19) Prohibited health requirements.
– The board of directors of a regional school shall not implement any health requirement prohibited under G.S.
115C-377.1." SECTION 2.(f) G.S.
116-239.8(b) is amended by adding a new subdivision to read:
"(22) Prohibited health requirements.
– The chancellor shall not implement any health requirement prohibited under G.S.
115C-377.1." SECTION 2.(g) This section is effective when it becomes law.
Subsections (a) and (b) of G.S.
115C-377.1, as enacted by this section, and subsections (b), (c), (d), (e), and (f) of this section applybeginning with the 2023-2024 school year.
Subsection (c) of G.S.
115C-377.1, as enacted bythis act, applies to violations that occur on or after the effective date of this section.
SECTION 3.(a) G.S.
Show all 85 changed rows (45 more)
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130A-152 reads as rewritten:
"§ 130A-152.
Immunization required.
(a) Every child present in this State shall be immunized against diphtheria, tetanus, whooping cough, poliomyelitis, red measles (rubeola) and rubella.
In addition, except as provided in subsection (f) of this section, every child present in this State shall be immunized against any other disease upon a determination by the Commission that the immunization is in the interest of the public health.
Every parent, guardian, person in loco parentis and person or agency, whether governmental or private, with legal custody of a child shall have the responsibility to ensure that the child has received the required immunization at the age required by the Commission.
If a child has not received the required immunizations by the specified age, the responsible person shall obtain the required immunization for the child as soon as possible after the lack of the required immunization is determined.
… (f) Notwithstanding this section or other applicable State law, the Commissionfor Public Health, public schools (pre-K through 12), and public colleges and universities located in this State are prohibited from requiring a student to provide proof of vaccination against the coronavirus disease 2019 (COVID-19) or to submit to a COVID-19 vaccination or series of COVID-19 vaccinations for any purpose." SECTION 3.(b) Part 2 of Article 6 of Chapter 130A of the General Statutes is amended by adding a new section to read:
COVID-19 vaccination requirement prohibited;
COVID-19 vaccination;
exemption.
requirement prohibited.
(a) Notwithstanding any provision of this Chapter or Chapter 166A of the General Statutes to the contrary, no State or local public health agency or public health official may require any person, including an applicant for employment or an employee, to provide proof of a COVID-19 vaccination or to submit to a COVID-19 vaccination or series of COVID-19 vaccinations unless the exemption in subsection (b) of this section applies.
Notwithstanding any provision of this Chapter or Chapter 166A of the General Statutes to the contrary, no State or local public health agency or public health official may require any person, including an applicant for employment or an employee, to provide proof of a COVID-19 vaccination or to submit to a COVID-19 vaccination or series of COVID-19 vaccinations for any purpose.
(2) COVID-19.
Page 2 House Bill 98-First Edition General Assembly Of North Carolina Session 2023 (2) COVID-19.
The head of any State or local public health agency or a designee.
The head of any State or local public health agency or a designee." SECTION 4.(a) Article 23 of Chapter 153A of the General Statutes is amended by adding a new section to read:
(b) An exemption to subsection (a) of this section applies to the following:
(1) Any employee, vendor, volunteer, trainee, or student, that is required by a facility certified by the Centers for Medicare and Medicaid Services to show proof of a COVID-19 vaccination, or to submit to a COVID-19 vaccination or COVID-19 series of vaccinations.
(2) An employee employed by any entity that receives federal funding if complying with subsection (a) of this section would result in the loss of that federal funding.
(3) An employee employed by the Department of Health and Human Services in theDivision ofStateOperatedHealthcareFacilitiesiftheDepartment requires the COVID-19 vaccination or series of vaccinations for that employee." SECTION 3.
Article 23 of Chapter 153A of the General Statutes is amended by adding a new section to read:
COVID-19 vaccination requirement prohibited;
COVID-19 vaccination;
exemption.
requirement prohibited.
(a) No county may require any person, including an applicant for employment or an employee, to provide proof of a COVID-19 vaccination or to submit to a COVID-19 vaccination or a series of COVID-19 vaccinations, unless the exemption in subsection (b) of this section applies.
No county may require any person, including an applicant for employment or an employee, to provide proof of a COVID-19 vaccination or to submit to a COVID-19 vaccination or a series of COVID-19 vaccinations for any purpose.
153A-99(b)(1).
153A-99(b)(1)." SECTION 4.(b) Article 21 of Chapter 160A of the General Statutes is amended by adding a new section to read:
(b) An exemption to subsection (a) of this section applies to the following:
Page 2 House Bill 98-Second Edition General Assembly Of North Carolina Session 2023 (1) Any employee, vendor, volunteer, trainee, or student, that is required by a facility certified by the Centers for Medicare and Medicaid Services to show proof of a COVID-19 vaccination, or to submit to a COVID-19 vaccination or COVID-19 series of vaccinations.
(2) An employee employed by any entity that receives federal funding if complying with subsection (a) of this section would result in the loss of that federal funding.
(3) An employee employed by the Department of Health and Human Services in theDivision ofStateOperatedHealthcareFacilitiesiftheDepartment requires the COVID-19 vaccination or series of vaccinations for that employee." SECTION 4.
Article 21 of Chapter 160A of the General Statutes is amended by adding a new section to read:
requirement prohibited and exemption.
requirement prohibited.
(a) No city may require any person, including an applicant for employment or an employee, to provide proof of a COVID-19 vaccination or to submit to a COVID-19 vaccination or a series of COVID-19 vaccinations, unless the exemption in subsection (b) of this section applies.
No city may require any person, including an applicant for employment or an employee, to provide proof of a COVID-19 vaccination or to submit to a COVID-19 vaccination or a series of COVID-19 vaccinations for any purpose.
160A-169(b)(1).
160A-169(b)(1)." SECTION 5.
(b) An exemption to subsection (a) of this section applies to the following:
Except as otherwise provided, this act is effective when it becomes law.
(1) Any employee, vendor, volunteer, trainee, or student, that is required by a facility certified by the Centers for Medicare and Medicaid Services to show proof of a COVID-19 vaccination, or to submit to a COVID-19 vaccination or COVID-19 series of vaccinations.
House Bill 98-First Edition Page 3
(2) An employee employed by any entity that receives federal funding if complying with subsection (a) of this section would result in the loss of that federal funding.
(3) An employee employed by the Department of Health and Human Services in theDivision ofStateOperatedHealthcareFacilitiesiftheDepartment requires the COVID-19 vaccination or series of vaccinations for that employee." SECTION 5.
G.S.
130A-152 reads as rewritten:
"§ 130A-152.
Immunization required.
(a) Every child present in this State shall be immunized against diphtheria, tetanus, whooping cough, poliomyelitis, red measles (rubeola) and rubella.
In addition, except as provided in subsection (f) of this section, every child present in this State shall be immunized against any other disease upon a determination by the Commission that the immunization is in the interest of the public health.
Every parent, guardian, person in loco parentis and person or agency, whether governmental or private, with legal custody of a child shall have the responsibility to ensure that the child has received the required immunization at the age required by the Commission.
If a child has not received the required immunizations by the specified age, the responsible person shall obtain the required immunization for the child as soon as possible after the lack of the required immunization is determined.
… (f) Notwithstanding this section or other applicable State law, the Commissionfor Public Health, public school units, community colleges, and constituent institutions of The University of North Carolina are prohibited from requiring a student to provide proof of vaccination against the coronavirus disease 2019 (COVID-19) or to submit to a COVID-19 vaccination or series of COVID-19 vaccinations unless the requirement for vaccination or proof of vaccination is House Bill 98-Second Edition Page 3 General Assembly Of North Carolina Session 2023 required for participating in a program of study, or fulfilling education requirements for a program, that requires working, volunteering, or training in a facility certified by the Centers for Medicare and Medicaid Services." SECTION 6.
This act becomes effective January 1, 2024.
Page 4 House Bill 98-Second Edition
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Action History

  1. Signed by Gov. 7/8/2024

  2. Ch. SL 2024-36

  3. Ratified

  4. Pres. To Gov. 6/28/2024

  5. Passed 2nd Reading

  6. Passed 3rd Reading

  7. Special Message Sent To House

  8. Special Message Received For Concurrence in S Com Sub

  9. Cal Pursuant Rule 36(b)

  10. Added to Calendar

  11. Concurred In S Com Sub

  12. Ordered Enrolled

  13. Reptd Fav

  14. Reptd Fav Com Substitute

  15. Com Substitute Adopted

  16. Re-ref Com On Rules and Operations of the Senate

  17. Withdrawn From Com

  18. Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

  19. Regular Message Sent To Senate

  20. Regular Message Received From House

  21. Passed 1st Reading

  22. Ref To Com On Rules and Operations of the Senate

  23. Reptd Fav

  24. Cal Pursuant Rule 36(b)

  25. Added to Calendar

  26. Passed 2nd Reading

  27. Passed 3rd Reading

  28. Reptd Fav Com Sub 2

  29. Re-ref Com On Rules, Calendar, and Operations of the House

  30. Reptd Fav Com Substitute

  31. Re-ref Com On Judiciary 1

  32. Passed 1st Reading

  33. Ref to the Com on Health, if favorable, Judiciary 1, if favorable, Rules, Calendar, and Operations of the House

  34. Filed

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

3 sponsors · 29 co-sponsors · 147 not signed on

Sponsors (3)

Co-sponsors (29)

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

M11 Concur

Passed 106 Yea · 0 Nay · 14 Other
Party YeaNayPresentNot Voting
Democratic 29005
Unaffiliated 22004
U 2000
Republican 53005
Total 1060014
% of votes cast 88%0%0%12%
How each member voted (120)
Member Party Vote
Autry — Yea
Clemmons — Yea
Gill — Yea
Lucas — Yea
Rudow — Yea
CharlesSmith — Yea
Staton-Williams — Yea
vonHaefen — Yea
Wray — Yea
Bradford — Yea
Crutchfield — Yea
Elmore — Yea
Lowery — Yea
Mills — Yea
Moore — Yea
Reeder — Yea
Saine — Yea
Sasser — Yea
CarsonSmith — Yea
Sossamon — Yea
Harris — Not Voting
Cleveland — Not Voting
Faircloth — Not Voting
Fontenot — Not Voting
F. Jackson — Yea
K. Baker — Yea
Abe Jones Democratic Yea
Allen Buansi Democratic Yea
Allison A. Dahle Democratic Yea
Amber M. Baker Democratic Yea
Amos L. Quick, III Democratic Yea
B. Ray Jeffers Democratic Yea
Becky Carney Democratic Yea
Brandon Lofton Democratic Yea
Carolyn G. Logan Democratic Not Voting
Cecil Brockman Democratic Not Voting
Cynthia Ball Democratic Yea
Deb Butler Democratic Yea
Eric Ager Democratic Yea
Garland E. Pierce Democratic Yea
Gloristine Brown Democratic Yea
James Roberson Democratic Yea
Joe John Democratic Yea
Kanika Brown Democratic Not Voting
Laura Budd Democratic Yea
Lindsey Prather Democratic Yea
Marcia Morey Democratic Yea
Maria Cervania Democratic Yea
Mary Belk Democratic Yea
Pricey Harrison Democratic Yea
Renée A. Price Democratic Yea
Robert T. Reives, II Democratic Not Voting
Sarah Crawford Democratic Yea
Shelly Willingham Democratic Yea
Terence Everitt Democratic Yea
Terry M. Brown Jr. Democratic Yea
Tim Longest Democratic Yea
Vernetta Alston Democratic Yea
Ya Liu Democratic Not Voting
Zack Hawkins Democratic Yea
A. Reece Pyrtle, Jr. Republican Yea
Allen Chesser Republican Yea
Ben T. Moss, Jr. Republican Yea
Bill Ward Republican Yea
Brenden H. Jones Republican Yea
Brian Biggs Republican Yea
Celeste C. Cairns Republican Yea
Charles W. Miller Republican Yea
Chris Humphrey Republican Yea
David Willis Republican Yea
Dean Arp Republican Yea
Dennis Riddell Republican Yea
Destin Hall Republican Yea
Diane Wheatley Republican Yea
Donna McDowell White Republican Yea
Donnie Loftis Republican Yea
Donny Lambeth Republican Yea
Dudley Greene Republican Not Voting
Edward C. Goodwin Republican Yea
Erin Paré Republican Yea
Frank Iler Republican Yea
Harry Warren Republican Not Voting
Howard Penny, Jr. Republican Yea
Hugh Blackwell Republican Yea
Jake Johnson Republican Yea
Jay Adams Republican Yea
Jeff Zenger Republican Yea
Jeffrey C. McNeely Republican Yea
Jennifer Balkcom Republican Yea
Jerry "Alan" Branson Republican Yea
Jimmy Dixon Republican Yea
John A. Torbett Republican Yea
John R. Bell, IV Republican Yea
John Sauls Republican Yea
Joseph Pike Republican Yea
Julia C. Howard Republican Not Voting
Karl E. Gillespie Republican Yea
Keith Kidwell Republican Yea
Kelly E. Hastings Republican Yea
Kyle Hall Republican Yea
Larry C. Strickland Republican Yea
Larry W. Potts Republican Yea
Mark Brody Republican Yea
Mark Pless Republican Not Voting
Matthew Winslow Republican Yea
Mike Clampitt Republican Yea
Mitchell S. Setzer Republican Yea
Neal Jackson Republican Yea
Phil Shepard Republican Yea
Ray Pickett Republican Yea
Sam Watford Republican Yea
Sarah Stevens Republican Yea
Stephen M. Ross Republican Yea
Steve Tyson Republican Yea
Ted Davis, Jr. Republican Yea
Tricia Ann Cotham Republican Yea
W. Ted Alexander Republican Not Voting
William D. Brisson Republican Yea
Carla D. Cunningham U Yea
Nasif Majeed U Yea

Official roll call →

Subjects

public-safety healthcare health-insurance
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Frequently asked questions

Who sponsors HB 98?
HB 98 is sponsored by Jake Johnson (Republican), Brian Biggs (Republican), Hardister, Neal Jackson (Republican), Donny Lambeth (Republican), Jennifer Balkcom (Republican), Mark Brody (Republican), Celeste C. Cairns (Republican), Allen Chesser (Republican), Cleveland, Jimmy Dixon (Republican), Fontenot, Edward C. Goodwin (Republican), Kyle Hall (Republican), Frank Iler (Republican), Keith Kidwell (Republican), Donnie Loftis (Republican), Lucas, Jeffrey C. McNeely (Republican), Mills, Mike Clampitt (Republican), Ben T. Moss, Jr. (Republican), Howard Penny, Jr. (Republican), Dennis Riddell (Republican), Mitchell S. Setzer (Republican), Bill Ward (Republican), Harry Warren (Republican), Diane Wheatley (Republican), Donna McDowell White (Republican), David Willis (Republican), Jeff Zenger (Republican), and Sarah Stevens (Republican).
What is the current status of HB 98?
This bill has been enacted into law. Introduced February 13, 2023. Enacted.
Where can I track HB 98?
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