Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 63 Fourth Substitute (2022GS)

Sponsor

Rep. Burton, J.

Final action

Governor Signed 3/22/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• requires an employer to exempt an employee or a prospective employee from a COVID-19 vaccine requirement if the employee or prospective employee submits a primary care provider's note stating that the employee or prospective employee was previously infected by COVID-19;
• amends provisions related to recordkeeping;
• amends scope of provisions;
• prohibits an employer from keeping or maintaining a record or copy of an employee's COVID-19 test results, except as otherwise required by law; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

COVID-19 VACCINE EXEMPTIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jefferson S. Burton
Senate Sponsor: 
Kirk A. Cullimore
LONG TITLE
General Description:
This bill amends provisions related to COVID-19 in the workplace.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ requires an employer to exempt an employee or a prospective employee from a
COVID-19 vaccine requirement if the employee or prospective employee submits a
primary care provider's note stating that the employee or prospective employee was
previously infected by COVID-19;
▸ amends provisions related to recordkeeping;
▸ amends scope of provisions;
▸ prohibits an employer from keeping or maintaining a record or copy of an
employee's COVID-19 test results, except as otherwise required by law; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
34-56-102
, Utah Code Annotated 1953
34-56-201
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
34-56-101
, (Renumbered from 26-68-201, as enacted by Laws of Utah 2021, Second
Special Session, Chapter 9)
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
34-56-101
, which is renumbered from Section 26-68-201 is
renumbered and amended to read:
CHAPTER 56. WORKPLACE COVID-19 PROVISIONS
Part 1. General Provisions
[
26-68-201
].
 34-56-101.
Definitions.
[
(1)
] As used in this [
section
] 
chapter
:
[
(a) (i)
] 
(1) (a)
 "Adverse action" means
:
(i)
 an action that results in:
(A) the refusal to hire a potential employee; or
(B) the termination of employment, demotion, or reduction of wages of an employee[
.
]
;
or
(ii) a governmental entity separating an employee from another employee solely
because of the COVID-19 vaccination status of the employee.
[
(ii)
] 
(b)
 "Adverse action" does not include[
: (A)
] an employer's reassignment of an
employee[
; or
]
, if the employee's COVID-19 vaccination status is not the only reason for the
reassignment.
[
(B) the termination of an employee, if reassignment of the employee is not practical.
]
[
(b)
] 
(2)
 "COVID-19 vaccine" means a substance that is:
[
(i) (A)
] 
(a) (i)
 approved for use by the United States Food and Drug Administration;
or
[
(B)
] 
(ii)
 authorized for use by the United States Food and Drug Administration under
an emergency use authorization under 21 U.S.C. Sec. 360bbb-3;
[
(ii)
] 
(b)
 injected into or otherwise administered to an individual; and
[
(iii)
] 
(c)
 intended to immunize an individual against COVID-19 as defined in Section
78B-4-517
.
(3) "COVID-19 vaccination status" means the state of whether an individual has
received a COVID-19 vaccine.
[
(c)
] 
(4)
 "Employee" means an individual suffered or permitted to work by an
employer.
[
(d) (i)
] 
(5) (a)
 Except as provided in Subsection [
(1)(d)(ii)
] 
(5)(c)
, "employer" means
the same as that term is defined in Section 
34A-6-103
.
(b) Except as provided in Subsection (5)(c), "employer" includes a federal contractor.
[
(ii)
] 
(c)
 "Employer" does not include:
[
(A)
] 
(i)
 a person that is subject to a regulation by the Centers for Medicare and
Medicaid Services regarding a COVID-19 vaccine, [
unless the person is the state or a political
subdivision of the state that is not an academic medical center
] 
during the period that the
regulation is in effect
; or
[
(B) a federal contractor.
]
(ii) a health care provider, as defined in Section 
78B-3-403
, that is a participating
provider for the Centers for Medicare and Medicaid Services.
(6) "Governmental entity" means:
(a) an executive branch agency as defined in Section 
63A-16-102
;
(b) the legislative branch;
(c) the judicial branch;
(d) the State Board of Education;
(e) the Utah Board of Higher Education;
(f) an institution of higher education; and
(g) a political subdivision of the state:
(i) as defined in Section 
17B-1-102
; and
(ii) including a school district.
(7) "Nurse practitioner" means an individual who is licensed to practice as an advanced
practice registered nurse under Title 58, Chapter 31b, Nurse Practice Act.
(8) "Physician" means an individual licensed to practice as a physician or osteopath
under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah
Osteopathic Medical Practice Act.
(9) "Physician assistant" means an individual who is licensed to practice as a physician
assistant under Title 58, Chapter 70a, Utah Physician Assistant Act.
(10) "Primary care provider" means a nurse practitioner, physician, or physician
assistant.
[
(e)
] 
(11)
 "Workplace" means the same as that term is defined in Section 
34A-6-103
.
[
(2) Except as provided in Subsection (6), an employer who requires an employee or
prospective employee to receive or show proof that the employee or prospective employee has
received a COVID-19 vaccine shall relieve the employee or prospective employee of the
requirement if the employee or prospective employee submits to the employer
]
[
a statement that receiving a COVID-19 vaccine would:
]
[
(a) be injurious to the health and well-being of the employee or prospective
employee;
]
[
(b) conflict with a sincerely held religious belief, practice, or observance of the
employee or prospective employee; or
]
[
(c) conflict with a sincerely held personal belief of the employee or prospective
employee.
]
[
(3) Except as provided in Subsection (6), an employer shall pay for all COVID-19
testing an employee receives in relation to or as a condition of the employee's presence at the
workplace.
]
[
(4) Except as provided in Subsection (6), an employer may not take an adverse action
against an employee because of an act the employee makes in accordance with this section.
]
[
(5) (a) An employer may not keep or maintain a record or copy of an employee's proof
of vaccination, unless:
]
[
(i) otherwise required by law;
]
[
(ii) an established business practice or industry standard requires otherwise; or
]
[
(iii) the provisions of this section do not apply as described in Subsection (6)(a).
]
[
(b) Subsection (5)(a) does not prohibit an employer from recording whether an
employee is vaccinated.
]
[
(6) (a) The provisions of this section do not apply to a contract for goods or services
entered into before November 5, 2021, unless the contract is between an employer and the
employer's employee.
]
[
(b) An employer may require an employee or prospective employee to receive or show
proof that the employee or prospective employee has received a COVID-19 vaccination
without providing the relief described in Subsection (2), if the employer:
]
[
(i) employs fewer than 15 employees; and
]
[
(ii) establishes a nexus between the requirement and the employee's assigned duties
and responsibilities.
]
Section 2. Section 
34-56-102
 is enacted to read:
 34-56-102.
Scope.
If a requirement imposed on an employer under this chapter substantially impairs the
fulfillment of a contract entered into before May 4, 2022, to which the employer is a party, the
requirement does not apply to the employer.
Section 3. Section 
34-56-201
 is enacted to read:
Part 2. Vaccinations, Recordkeeping, and Testing
 34-56-201.
Employee COVID-19 vaccination, recordkeeping, and testing
provisions.
(1) (a) Except as provided in Subsection (1)(b), an employer who requires an employee
or prospective employee to receive or show proof that the employee or prospective employee
has received a COVID-19 vaccine shall exempt the employee or prospective employee from
the requirement if the employee or prospective employee submits to the employer:
(i) a statement that receiving a COVID-19 vaccine would:
(A) be injurious to the health and well-being of the employee or prospective employee;
(B) conflict with a sincerely held religious belief, practice, or observance of the
employee or prospective employee; or
(C) conflict with a sincerely held personal belief of the employee or prospective
employee; or
(ii) a letter from the employee or prospective employee's primary care provider stating
that the employee or prospective employee was previously infected by COVID-19.
(b) An employer may require an employee or prospective employee to receive or show
proof that the employee or prospective employee has received a COVID-19 vaccination
without providing an exemption described in Subsection (1)(a), if:
(i) (A) the employer establishes a nexus between the requirement and the employee's
assigned duties and responsibilities; or
(B) the employer identifies an external requirement for vaccination that is not imposed
by the employer and is related to the employee's duties and responsibilities; and
(ii) reassignment of the employee is not practical.
(c) (i) An employer may not keep or maintain a record or copy of an employee's proof
of vaccination, unless:
(A) otherwise required by law; or
(B) an established business practice or industry standard requires otherwise.
(ii) Subsection (1)(c)(i) does not prohibit an employer from verbally asking an
employee to voluntarily disclose whether the employee is vaccinated.
(2) (a) An employer shall pay for all COVID-19 testing an employee receives in
relation to or as a condition of the employee's presence at the workplace.
(b) An employer may not keep or maintain a record or copy of an employee's
COVID-19 test results, unless otherwise required by law.
(3) An employer may not take an adverse action against an employee because of an act
the employee makes in accordance with this chapter.