Kentucky Senate votes to bar employers, schools from requiring COVID-19 vaccine

Sen. Whitney Westerfield, R-Fruit Hill, voted against the bill, adding that “we should be very careful about bills that give life to conspiracy.”

FRANKFORT — Following a 40-minute debate, the state Senate approved a bill that would prohibit the COVID-19 vaccine from being required for student enrollment, employment or medical treatment in Kentucky. 

Senate Bill 295, sponsored by Sen. Lindsey Tichenor, R-Smithfield, advanced 25-11 with one member abstaining. 

Senate President Pro Tem David Givens cited the need for hospitals and nursing homes to protect against COVID-19 in opposing the bill. (Photo by LRC Public Information)

The bill protects “individual liberties,” Tichenor said, but met bipartisan opposition from senators raising concerns about public health and how the bill could impact employers.

Opponents, including President Pro Tempore David Givens, R-Greensburg, expressed concern about business owners and other employers that may need or benefit from vaccine requirements. Givens said that option shouldn’t be removed. 

“With passage of this legislation, we’re saying a hospital cannot require their employees to have any COVID-19 vaccine,” Givens said. 

A small business owner, Givens said he doesn’t require COVID-19 vaccines at his farm store. The bill may not apply to him, he said, but it will apply to the “vital” hospital and nursing home nearby and the staff who care for the most vulnerable people. 

Sen. Karen Berg, D-Louisville,a physician, slammed medical “disinformation” around vaccines and voted against the bill. She pointed out that people can already decline vaccines under some circumstances. 

“It’s not used very often,” she said. “The majority of health care workers feel an obligation to protect their patients, and are more than willing to vaccinate themselves.”  

Sen. Whitney Westerfield, R-Fruit Hill, said the bill is “tying” business owners’ hands by not allowing them to require vaccines and “that’s wrong.” 

“They might want to require this,” he said. “They might absolutely not require this. They should be allowed to make that decision.” 

Westerfield, who voted against the bill, added that “we should be very careful about bills that give life to conspiracy.” 

Whitney Westerfield
Whitney Westerfield (LRC Public Information photo)

The Centers for Disease Control and Prevention reports the COVID-19 vaccines are both safe and effective

Senate Bill 295 still needs to make its way through the House committee process and receive consideration from the full House.  In order to maintain its ability to override a veto from Gov. Andy Beshear, the legislature would have to fully pass the bill by Friday. Tuesday is the 56th day of the 60-day legislative session.

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Sarah Ladd is a Louisville-based journalist and Kentuckian. She has covered everything from crime to higher education. In 2020, she started reporting on the COVID-19 pandemic and has covered health ever since.