1     
COVID-19 VACCINE EXEMPTIONS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jefferson S. Burton

5     
Senate Sponsor: Kirk A. Cullimore

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to COVID-19 in the workplace.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     requires an employer to exempt an employee or a prospective employee from a
14     COVID-19 vaccine requirement if the employee or prospective employee submits a
15     primary care provider's note stating that the employee or prospective employee was
16     previously infected by COVID-19;
17          ▸     amends provisions related to recordkeeping;
18          ▸     amends scope of provisions;
19          ▸     prohibits an employer from keeping or maintaining a record or copy of an
20     employee's COVID-19 test results, except as otherwise required by law; and
21          ▸     makes technical and conforming changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     ENACTS:
28          34-56-102, Utah Code Annotated 1953
29          34-56-201 , Utah Code Annotated 1953
30     RENUMBERS AND AMENDS:
31          34-56-101, (Renumbered from 26-68-201, as enacted by Laws of Utah 2021, Second
32     Special Session, Chapter 9)
33     

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 34-56-101, which is renumbered from Section 26-68-201 is
36     renumbered and amended to read:
37     
CHAPTER 56. WORKPLACE COVID-19 PROVISIONS

38     
Part 1. General Provisions

39          [26-68-201].      34-56-101. Definitions.
40          [(1)] As used in this [section] chapter:
41          [(a) (i)] (1) (a) "Adverse action" means:
42          (i) an action that results in:
43          (A) the refusal to hire a potential employee; or
44          (B) the termination of employment, demotion, or reduction of wages of an employee[.];
45     or
46          (ii) a governmental entity separating an employee from another employee solely
47     because of the COVID-19 vaccination status of the employee.
48          [(ii)] (b) "Adverse action" does not include[: (A)] an employer's reassignment of an
49     employee[; or], if the employee's COVID-19 vaccination status is not the only reason for the
50     reassignment.
51          [(B) the termination of an employee, if reassignment of the employee is not practical.]
52          [(b)] (2) "COVID-19 vaccine" means a substance that is:
53          [(i) (A)] (a) (i) approved for use by the United States Food and Drug Administration;
54     or
55          [(B)] (ii) authorized for use by the United States Food and Drug Administration under
56     an emergency use authorization under 21 U.S.C. Sec. 360bbb-3;
57          [(ii)] (b) injected into or otherwise administered to an individual; and
58          [(iii)] (c) intended to immunize an individual against COVID-19 as defined in Section
59     78B-4-517.
60          (3) "COVID-19 vaccination status" means the state of whether an individual has
61     received a COVID-19 vaccine.
62          [(c)] (4) "Employee" means an individual suffered or permitted to work by an
63     employer.
64          [(d) (i)] (5) (a) Except as provided in Subsection [(1)(d)(ii)] (5)(c), "employer" means
65     the same as that term is defined in Section 34A-6-103.
66          (b) Except as provided in Subsection (5)(c), "employer" includes a federal contractor.
67          [(ii)] (c) "Employer" does not include:
68          [(A)] (i) a person that is subject to a regulation by the Centers for Medicare and
69     Medicaid Services regarding a COVID-19 vaccine, [unless the person is the state or a political
70     subdivision of the state that is not an academic medical center] during the period that the
71     regulation is in effect; or
72          [(B) a federal contractor.]
73          (ii) a health care provider, as defined in Section 78B-3-403, that is a participating
74     provider for the Centers for Medicare and Medicaid Services.
75          (6) "Governmental entity" means:
76          (a) an executive branch agency as defined in Section 63A-16-102;
77          (b) the legislative branch;
78          (c) the judicial branch;
79          (d) the State Board of Education;
80          (e) the Utah Board of Higher Education;
81          (f) an institution of higher education; and
82          (g) a political subdivision of the state:
83          (i) as defined in Section 17B-1-102; and
84          (ii) including a school district.
85          (7) "Nurse practitioner" means an individual who is licensed to practice as an advanced
86     practice registered nurse under Title 58, Chapter 31b, Nurse Practice Act.
87          (8) "Physician" means an individual licensed to practice as a physician or osteopath
88     under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah
89     Osteopathic Medical Practice Act.
90          (9) "Physician assistant" means an individual who is licensed to practice as a physician
91     assistant under Title 58, Chapter 70a, Utah Physician Assistant Act.
92          (10) "Primary care provider" means a nurse practitioner, physician, or physician
93     assistant.
94          [(e)] (11) "Workplace" means the same as that term is defined in Section 34A-6-103.
95          [(2) Except as provided in Subsection (6), an employer who requires an employee or
96     prospective employee to receive or show proof that the employee or prospective employee has
97     received a COVID-19 vaccine shall relieve the employee or prospective employee of the
98     requirement if the employee or prospective employee submits to the employer]
99           [a statement that receiving a COVID-19 vaccine would:]
100          [(a) be injurious to the health and well-being of the employee or prospective
101     employee;]
102          [(b) conflict with a sincerely held religious belief, practice, or observance of the
103     employee or prospective employee; or]
104          [(c) conflict with a sincerely held personal belief of the employee or prospective
105     employee.]
106          [(3) Except as provided in Subsection (6), an employer shall pay for all COVID-19
107     testing an employee receives in relation to or as a condition of the employee's presence at the
108     workplace.]
109          [(4) Except as provided in Subsection (6), an employer may not take an adverse action
110     against an employee because of an act the employee makes in accordance with this section.]
111          [(5) (a) An employer may not keep or maintain a record or copy of an employee's proof
112     of vaccination, unless:]
113          [(i) otherwise required by law;]
114          [(ii) an established business practice or industry standard requires otherwise; or]
115          [(iii) the provisions of this section do not apply as described in Subsection (6)(a).]
116          [(b) Subsection (5)(a) does not prohibit an employer from recording whether an
117     employee is vaccinated.]
118          [(6) (a) The provisions of this section do not apply to a contract for goods or services
119     entered into before November 5, 2021, unless the contract is between an employer and the
120     employer's employee.]
121          [(b) An employer may require an employee or prospective employee to receive or show
122     proof that the employee or prospective employee has received a COVID-19 vaccination
123     without providing the relief described in Subsection (2), if the employer:]
124          [(i) employs fewer than 15 employees; and]
125          [(ii) establishes a nexus between the requirement and the employee's assigned duties
126     and responsibilities.]
127          Section 2. Section 34-56-102 is enacted to read:
128          34-56-102. Scope.
129          If a requirement imposed on an employer under this chapter substantially impairs the
130     fulfillment of a contract entered into before May 4, 2022, to which the employer is a party, the
131     requirement does not apply to the employer.
132          Section 3. Section 34-56-201 is enacted to read:
133     
Part 2. Vaccinations, Recordkeeping, and Testing

134          34-56-201. Employee COVID-19 vaccination, recordkeeping, and testing
135     provisions.
136          (1) (a) Except as provided in Subsection (1)(b), an employer who requires an employee
137     or prospective employee to receive or show proof that the employee or prospective employee
138     has received a COVID-19 vaccine shall exempt the employee or prospective employee from
139     the requirement if the employee or prospective employee submits to the employer:
140          (i) a statement that receiving a COVID-19 vaccine would:
141          (A) be injurious to the health and well-being of the employee or prospective employee;
142          (B) conflict with a sincerely held religious belief, practice, or observance of the
143     employee or prospective employee; or
144          (C) conflict with a sincerely held personal belief of the employee or prospective
145     employee; or
146          (ii) a letter from the employee or prospective employee's primary care provider stating
147     that the employee or prospective employee was previously infected by COVID-19.
148          (b) An employer may require an employee or prospective employee to receive or show
149     proof that the employee or prospective employee has received a COVID-19 vaccination
150     without providing an exemption described in Subsection (1)(a), if:
151          (i) (A) the employer establishes a nexus between the requirement and the employee's
152     assigned duties and responsibilities; or
153          (B) the employer identifies an external requirement for vaccination that is not imposed
154     by the employer and is related to the employee's duties and responsibilities; and
155          (ii) reassignment of the employee is not practical.
156          (c) (i) An employer may not keep or maintain a record or copy of an employee's proof
157     of vaccination, unless:
158          (A) otherwise required by law; or
159          (B) an established business practice or industry standard requires otherwise.
160          (ii) Subsection (1)(c)(i) does not prohibit an employer from verbally asking an
161     employee to voluntarily disclose whether the employee is vaccinated.
162          (2) (a) An employer shall pay for all COVID-19 testing an employee receives in
163     relation to or as a condition of the employee's presence at the workplace.
164          (b) An employer may not keep or maintain a record or copy of an employee's
165     COVID-19 test results, unless otherwise required by law.
166          (3) An employer may not take an adverse action against an employee because of an act
167     the employee makes in accordance with this chapter.