Anti-vax bills peter out in New Hampshire State House

The New Hampshire Senate voted Thursday not to eliminate the state’s hepatitis B requirement — the latest setback for the State House’s Republican anti-vaccine contingent.

Instead, senators sent House Bill 1719, sponsored by Republican Rep. Kelley Potenza, to interim study, a maneuver that sidelines the bill until at least next year.

Ending vaccine requirements in New Hampshire

HB 1719 was one of several vaccine-related bills being pushed by House lawmakers.

The most expansive legislation proposed on vaccines, House Bill 1811, already failed. The bill, which was introduced by Manchester Republican Rep. Matt Drew, would’ve ended all vaccine mandates in the state. It was killed in a 155-192 House vote in February.

New Hampshire state law requires children to be vaccinated against polio, tetanus, diphtheria, mumps, pertussis, rubella, rubeola, varicella, hepatitis B, and haemophilus influenzae type B before entering school or childcare.

HB 1811, as originally introduced, would’ve killed all those requirements. In a compromise with detractors, Drew agreed to keep the only polio vaccine requirement in an amendment to the bill, but that still wasn’t enough to get the entire House on board.

Drew frames his argument around an opposition to government mandates.

“Mandates are a clear statement of inherent mistrust,” Drew said while introducing the bill in February. “If your product is so bad that people won’t use it voluntarily, that’s a big flashing neon sign that it is probably unsafe, ineffective, or both.”

His colleagues rejected that argument.

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Simplifying the exceptions

The state’s vaccination laws include expansive exemptions for families with religious objections to vaccines and for those who can’t get a vaccine due to medical reasons. Several bills that are still alive aim to make those exemptions even less strict.

To receive a religious exemption, for instance, a family must simply fill out a form from the Department of Health and Human Services. The form was created by the department rather than by lawmakers. Several lawmakers in recent years have taken issue with that process. House Bill 1022, also sponsored by Drew, would create a new simplified form that states “I, [insert parent or legal guardian’s name], hereby attest that I sincerely hold religious beliefs and/or engage in religious practices or observances that dictate the refusal to accept the required vaccinations for [insert child’s name], born [insert child’s date of birth]. [Insert parent or legal guardian’s signature and date.]”

The House passed the bill, 179-150, in March, and now the Senate is considering it. The Senate Health and Human Services Committee will vote on the bill in the coming days or weeks.

Potenza also introduced legislation regarding exemptions. House Bill 1584, as introduced, sought to do away with forms altogether. The bill would’ve specified in state law that parents aren’t required to use any specific form, but rather “may provide any written statement attesting to the religious exemption.” Potenza also argues the state isn’t doing enough to inform parents of their rights to religious or medical exemptions. To address that, HB 1584 also seeks to require that any time DHHS promotes vaccines on its website, in advertising, or on any printed materials, it must write: “MEDICAL AND RELIGIOUS EXEMPTIONS ARE AVAILABLE UNDER NEW HAMPSHIRE LAW” in “bold, clearly noticeable, starred print on the front or top portion of the material.”

HB 1584 was also approved by the House, 197-163, almost entirely along party lines. However, the Senate Health and Human Services Committee subsequently voted to amend the bill to remove the provisions about eliminating the form but keep the provisions about informing parents of medical and religious exemptions on department materials. The entire Senate will vote on whether to approve the bill and the amendment in the coming weeks.

Even if HB 1584 or HB 1022 pass the Senate, they face an obstacle in the State House’s corner office. Gov. Kelly Ayotte vetoed a similar piece of legislation in 2025, writing in her veto message that “the State already has an established process by which parents can claim a religious exemption, and I see no reason to change it.”

Other vaccine-related legislation

Rep. Linda McGrath, a Hampton Republican, introduced House Bill 1449 to make it illegal for public and charter schools to hold vaccine clinics on their campuses during school hours. A clinic could be held at a school outside of school hours under this bill, but parents or guardians would have to be present while their child gets vaccinated. This bill was approved by the House, 172-154, in March. The Senate has also approved it, but senators amended it to include exceptions for flu vaccine clinics and for clinics held during a public health emergency. The House will now have to decide whether it accepts the watered-down version of the bill.

House Bill 1219, sponsored by Brentwood Republican Rep. Melissa Litchfield, would eliminate vaccination requirements for foster parents that go beyond what is already mandated in state law for everyone else. Currently, DHHS policy requires foster parents to be up to date on their pertussis (commonly known as whooping cough) vaccinations if they’re caring for an infant and on their annual influenza (flu) vaccinations if they’re caring for a child with special medical needs. HB 1219 would end those extra requirements. The bill was approved by the House, 180-145, in March. Earlier this month, the Senate Health and Human Services Committee voted to recommend that the entire Senate approve it. The bill will get a Senate floor vote in the coming weeks.