7 LONG TITLE
8 General Description:
9 This bill enacts the Employee Medical Protection Act.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ prohibits an employer from requiring an employee, a prospective employee, or a
14 blood relative of an employee or prospective employee to receive a vaccine;
15 ▸ establishes liability for an employer violation of the Employee Medical Protection
17 ▸ limits an employer's liability for compliance with the Employee Medical Protection
18 Act; and
19 ▸ makes technical and conforming changes.
20 Money Appropriated in this Bill:
22 Other Special Clauses:
24 Utah Code Sections Affected:
26 34A-12-101, Utah Code Annotated 1953
27 34A-12-102, Utah Code Annotated 1953
28 34A-12-201, Utah Code Annotated 1953
29 34A-12-202, Utah Code Annotated 1953
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 34A-12-101 is enacted to read:
34 34A-12-101. Title.
35 This chapter is known as the "Employee Medical Protection Act."
36 Section 2. Section 34A-12-102 is enacted to read:
37 34A-12-102. Definitions.
38 As used in this chapter:
39 (1) (a) "Employer" means, except as provided in Subsection (1)(b), the same as that
40 term is defined in Section 34A-2-103.
41 (b) "Employer" does not include a person who:
42 (i) employs an individual who works:
43 (A) at a health care facility; or
44 (B) in a position within the health care industry in which there is physical interaction
45 with patients; or
46 (ii) is under contract with the United States Department of Defense.
47 (2) "Blood relative" means the same as that term is defined Section 26-45-102.
48 (3) "Health care facility" means the same as that term is defined in Section 26-21-2.
49 (4) "Vaccine" means a substance that is:
50 (a) (i) licensed for use by the United States Food and Drug Administration; or
51 (ii) authorized for use by the United States Food and Drug Administration under an
52 emergency use authorization under 21 U.S.C. Sec. 360bbb-3;
53 (b) injected into or otherwise administered to an individual; and
54 (c) intended to immunize the individual against a disease or illness.
55 Section 3. Section 34A-12-201 is enacted to read:
56 34A-12-201. Employer prohibitions.
57 (1) Except as provided in Subsection (2), an employer may not require any of the
58 following to receive a vaccine:
59 (a) an employee;
60 (b) a prospective employee; or
61 (c) a blood relative of an employee or prospective employee.
62 (2) Subsection (1) does not apply if the employee or the prospective employee works or
63 will work:
64 (a) for the Department of Health created in Section 26-1-4; and
65 (b) directly with a health care facility.
66 Section 4. Section 34A-12-202 is enacted to read:
67 34A-12-202. Employer liability.
68 (1) In a civil action seeking enforcement or claiming a violation of this chapter, an
69 employer is liable for any and all injury and damage caused by the employer's violation of this
71 (2) An employer is not liable under this chapter for an employee, a prospective
72 employee, or a blood relative of an employee or prospective employee's injury or damage
73 arising from the employer's compliance with this chapter.