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National Informed Consent Exemption (NICE) Act
12/30/2022, 8:03 AM
Summary of Bill HR 5816
Under the NICE Act, individuals would be able to opt out of providing informed consent for medical treatments or procedures if they meet certain criteria. This exemption would apply to treatments or procedures that are deemed to be low-risk and have a high likelihood of benefitting the individual.
The bill outlines specific criteria that must be met in order for an individual to qualify for the exemption. These criteria include the individual being of sound mind and body, the treatment or procedure being recommended by a licensed healthcare provider, and the individual being fully informed of the risks and benefits of the treatment. Supporters of the NICE Act argue that it would streamline the medical consent process and make it easier for individuals to receive necessary treatments without unnecessary delays. However, critics of the bill raise concerns about the potential for abuse and the importance of informed consent in medical decision-making. Overall, the NICE Act is a controversial piece of legislation that seeks to balance the need for informed consent with the desire to make medical treatments more accessible. It is currently being debated in Congress, and its fate remains uncertain.
Congressional Summary of HR 5816
National Informed Consent Exemption (NICE) Act
This bill restricts the federal government and federally funded entities from mandating that U.S. citizens receive a vaccination or a test for an infectious disease in order to participate in federal programs or activities such as travel. It also specifies that laws, regulations, or policies that discriminate on the basis of a citizen's vaccination status are unenforceable, subject to limited exceptions.
The bill establishes a national vaccination exemption that may be exercised by any individual, including on behalf of the individual's children or dependents. Further, the bill prohibits vaccinating a child without the consent of each parent or guardian. One parent or guardian may consent if the other parent or guardian received, at least three days prior, written notice of the child's vaccination appointment.
The bill's provisions do not apply (1) to lawfully incarcerated or institutionalized individuals, (2) to a specific individual subject to an individualized court order that meets due process protections, or (3) during declared emergencies if the jurisdiction's governing authority formally applies to the President for an exception to the national vaccination exemption that meets specified standards.
An aggrieved individual may enforce the bill through a private right of action. Additionally, an entity that provides false information to influence an individual's decision about receiving a vaccine shall be liable for damages resulting from the vaccination.
The Surgeon General must establish an independent commission to evaluate the safety of COVID-19 vaccines and other vaccines recommended by the Centers for Disease Control and Prevention.
