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Senate committee approves bill creating a privacy right for COVID‑19 vaccination status
Summary
The Public Health committee advanced SB 7‑31, which would create a statutory privacy right for COVID‑19 vaccination status and a private right of action for retaliation; the Department of Health raised operational and federal‑funding concerns.
Senator Ballinger told the Senate Public Health, Welfare and Labor Committee that SB 7‑31 would create a right of privacy for a person’s COVID‑19 vaccination status and allow damages for retaliation similar to those available under the Arkansas Civil Rights Act. "This just creates a right of privacy for citizens that'll be recognized," Ballinger said, and added he was running the bill only as a fallback in case a separate compromise bill did not secure the emergency clause he prefers.
Why it matters: The bill would give employees and other citizens an explicit statutory right to withhold vaccination status and a private cause of action if they suffer retaliation. Sponsor Ballinger framed the measure as a protection for workers and said he expects the caucus agreement championed by another senator would likely become law but that SB 7‑31 is a contingency.
Department of Health comment: Matt Gilmore of the Arkansas Department of Health and attorney Charles Thompson did not say the department opposed the bill but flagged operational risks. "On the second page of the bill, it talks about requiring disclosure of the individual's vaccination status [and] might be an issue with infection control procedures or policies, also with funding long term through CMS and things like that," Gilmore said.
Procedure and next steps: After limited committee questions and a short closing by the sponsor, the chair called for a voice vote and announced the bill passed out of committee. The bill’s language and whether it can be reconciled with ongoing federal requirements or an alternate compromise bill were left open for the floor.
Context: Ballinger said SB 7‑31 is the text of an earlier filing (7‑19) with clarifying language and that he is running it only if the caucus compromise bill does not receive the emergency clause needed for immediate effect. The Department of Health’s comment cautioned that disclosure requirements could have unintended consequences for infection control protocols and federal funding tied to CMS.
