1     
EDUCATION IMMUNIZATION MODIFICATIONS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Mark A. Strong

5     
Senate Sponsor: Michael S. Kennedy

6     

7     LONG TITLE
8     General Description:
9          This bill ensures the availability of vaccination exemptions in higher education.
10     Highlighted Provisions:
11          This bill:
12          ▸     prohibits the Utah Board of Higher Education and institutions within the higher
13     education system from requiring proof of vaccination unless certain vaccination
14     exemptions are available; and
15          ▸     prohibits higher education institutions and local education agencies that offer both
16     remote and in-person learning from requiring a vaccine-exempt student to
17     participate remotely rather than in-person.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          53B-3-103, as last amended by Laws of Utah 2014, Chapter 298
25          53G-9-303, as renumbered and amended by Laws of Utah 2018, Chapter 3
26     ENACTS:
27          53B-2-112, Utah Code Annotated 1953

28     

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 53B-2-112 is enacted to read:
31          53B-2-112. Vaccination requirements -- Exemptions.
32          (1) An institution of higher education described in Section 53B-2-101 may not require
33     proof of vaccination as a condition for enrollment or attendance unless the institution allows
34     for the following exemptions:
35          (a) a medical exemption if the student provides to the institution a statement that the
36     claimed exemption is for a medical reason; and
37          (b) a personal exemption if the student provides to the institution a statement that the
38     claimed exemption is for a personal or religious belief.
39          (2) An institution that offers both remote and in-person learning options may not deny
40     a student who is exempt from a requirement to receive a vaccine under Subsection (1) to
41     participate in an in-person learning option based upon the student's vaccination status.
42          Section 2. Section 53B-3-103 is amended to read:
43          53B-3-103. Power of board to adopt rules and enact regulations.
44          (1) The board may enact regulations governing the conduct of university and college
45     students, faculty, and employees.
46          (2) (a) The board may:
47          (i) enact and authorize higher education institutions to enact traffic, parking, and
48     related regulations governing all individuals on campuses and other facilities owned or
49     controlled by the institutions or the board; and
50          (ii) acknowledging that the Legislature has the authority to regulate, by law, firearms at
51     higher education institutions:
52          (A) authorize higher education institutions to establish no more than one secure area at
53     each institution as a hearing room as prescribed in Section 76-8-311.1, but not otherwise
54     restrict the lawful possession or carrying of firearms; and
55          (B) authorize a higher education institution to make a rule that allows a resident of a
56     dormitory located at the institution to request only roommates who are not licensed to carry a
57     concealed firearm under Section 53-5-704 or 53-5-705.
58          (b) In addition to the requirements and penalty prescribed in Subsections

59     76-8-311.1(3), (4), (5), and (6), the board shall make rules to ensure that:
60          (i) reasonable means such as mechanical, electronic, x-ray, or similar devices are used
61     to detect firearms, ammunition, or dangerous weapons contained in the personal property of or
62     on the person of any individual attempting to enter a secure area hearing room;
63          (ii) an individual required or requested to attend a hearing in a secure area hearing
64     room is notified in writing of the requirements related to entering a secured area hearing room
65     under this Subsection (2)(b) and Section 76-8-311.1;
66          (iii) the restriction of firearms, ammunition, or dangerous weapons in the secure area
67     hearing room is in effect only during the time the secure area hearing room is in use for
68     hearings and for a reasonable time before and after its use; and
69          (iv) reasonable space limitations are applied to the secure area hearing room as
70     warranted by the number of individuals involved in a typical hearing.
71          (c) (i) The board may not require proof of vaccination as a condition for enrollment or
72     attendance within the system of higher education unless the board allows for the following
73     exemptions:
74          (A) a medical exemption if the student provides to the institution a statement that the
75     claimed exemption is for a medical reason; and
76          (B) a personal exemption if the student provides to the institution a statement that the
77     claimed exemption is for a personal or religious belief.
78          (ii) An institution that offers both remote and in-person learning options may not deny
79     a student who is exempt from a requirement to receive a vaccine under Subsection (1) to
80     participate in an in-person learning option based upon the student's vaccination status.
81          (3) The board shall enact regulations that require all testimony be given under oath
82     during an employee grievance hearing for a non-faculty employee of an institution of higher
83     education if the grievance hearing relates to the non-faculty employee's:
84          (a) demotion; or
85          (b) termination.
86          (4) The board and institutions may enforce these rules and regulations in any
87     reasonable manner, including the assessment of fees, fines, and forfeitures, the collection of
88     which may be by withholding from money owed the violator, the imposition of probation,
89     suspension, or expulsion from the institution, the revocation of privileges, the refusal to issue

90     certificates, degrees, and diplomas, through judicial process or any reasonable combination of
91     these alternatives.
92          Section 3. Section 53G-9-303 is amended to read:
93          53G-9-303. Grounds for exemption from required vaccines -- Renewal.
94          (1) A student is exempt from the requirement to receive a vaccine required under
95     Section 53G-9-305 if the student qualifies for a medical or personal exemption from the
96     vaccination under Subsection (2) or (3).
97          (2) A student qualifies for a medical exemption from a vaccination required under
98     Section 53G-9-305 if the student's legally responsible individual provides to the student's
99     school:
100          (a) a completed vaccination exemption form; and
101          (b) a written notice signed by a licensed health care provider stating that, due to the
102     physical condition of the student, administration of the vaccine would endanger the student's
103     life or health.
104          (3) A student qualifies for a personal exemption from a vaccination required under
105     Section 53G-9-305 if the student's legally responsible individual provides to the student's
106     school a completed vaccination exemption form, stating that the student is exempt from the
107     vaccination because of a personal or religious belief.
108          (4) (a) A vaccination exemption form submitted under this section is valid for as long
109     as the student remains at the school to which the form first is presented.
110          (b) If the student changes schools before the student is old enough to enroll in
111     kindergarten, the vaccination exemption form accepted as valid at the student's previous school
112     is valid until the earlier of the day on which:
113          (i) the student enrolls in kindergarten; or
114          (ii) the student turns six years old.
115          (c) If the student changes schools after the student is old enough to enroll in
116     kindergarten but before the student is eligible to enroll in grade 7, the vaccination exemption
117     form accepted as valid at the student's previous school is valid until the earlier of the day on
118     which:
119          (i) the student enrolls in grade 7; or
120          (ii) the student turns 12 years old.

121          (d) If the student changes schools after the student is old enough to enroll in grade 7,
122     the vaccination exemption form accepted as valid at the student's previous school is valid until
123     the student completes grade 12.
124          (e) Notwithstanding Subsections (4)(b) and (c), a vaccination exemption form obtained
125     through completion of the online education module created in Section 26-7-9 is valid for at
126     least two years.
127          (5) An LEA that offers both remote and in-person learning options may not deny a
128     student who is exempt from a requirement to receive a vaccine under Subsection (1) to
129     participate in an in-person learning option based upon the student's vaccination status.