County health departments would be prohibited from promoting vaccines under proposed Alabama law

State Rep. Mack Butler, R-Rainbow City, has filed a bill that would prohibit county health departments or other government funded entities from using public funds to advertise or promote vaccines.

Under HB367 if a government funded location is reported for advertising or promoting vaccines, it is subject to investigation by the attorney general.

If the attorney general determines that the department did use government funds to advertise or promote vaccines, they would then be required to report the amount spent to the Chairs of the House of Representatives Ways and Means Education Committee and Ways and Means General Fund Committee and the Senate Finance and Taxation Education Committee and Finance and Taxation General Fund Committee, according to the bill’s text.

The legislature would then be required to reduce the department’s funding by that amount for the following fiscal year.

If a county has established an independent county health department, the attorney general would instead report the amount spent to the county commission and county health officer, the bill says.

The county commission would then be required to reduce the department’s funding by that amount for the following fiscal year.

The bill states that “printed educational materials distributed directly to patients within public health care settings which provide balanced information about vaccines, including both risks and benefits” are exempt.

It adds that any educational materials distributed must also include information about state law relating to vaccine requirements to attend K-12 schools or institutions of higher education, including state law providing for any exemptions to those vaccine requirements, and the Vaccine Adverse Event Reporting System (VAERS) and how to report a vaccine injury.

Communications explicitly required by federal law or federal regulation are also exempt, according to the bill.

If passed, HB367 would go into effect on July 1.

It is currently pending action in the House Committee on State Government.

Efforts to reach Butler for comment were unsuccessful and representatives for the Alabama Department of Public Health declined to comment.