Sec. 6. (a) Unless an employer waives the documentation requirements under this subsection, to claim an exemption based on medical reasons, an employee must present to the employer an exemption statement in writing, dated and signed by:

(1) a licensed physician;

Terms Used In Indiana Code 22-5-4.6-6

  • employee: means an individual who works for an employer on a full-time or part-time basis, either paid or unpaid. See Indiana Code 22-5-4.6-2
  • employer: means a sole proprietor, corporation, partnership, limited liability company, or other entity with one (1) or more employees. See Indiana Code 22-5-4.6-3
  • immunization: means the treatment of an individual with a vaccine to produce immunity. See Indiana Code 22-5-4.6-4
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
(2) a licensed physician’s assistant; or

(3) an advanced practice registered nurse;

who has examined the employee. The statement must provide that, in the professional opinion of the licensed physician, licensed physician’s assistant, or advanced practice registered nurse, the immunization against COVID-19 is medically contraindicated (as defined in IC 16-18-2-223.7) for the employee.

     (b) To claim an exemption based on religious reasons, an employee must present to the employer an exemption statement in writing indicating that the employee declines the immunization against COVID-19 because of a sincerely held religious belief.

     (c) Unless an employer waives the documentation requirements under this subsection, to claim an exemption based on immunity from COVID-19 acquired from a prior infection with COVID-19, an employee must present to the employer the result of a laboratory test performed on the employee that has been approved, cleared, or authorized by the federal Food and Drug Administration, including any of the following:

(1) A polymerase chain reaction test (PCR) test.

(2) An antigen test.

(3) An antibody or serology test.

An employer may request that an employee submit a new laboratory test result as described in this subsection not more than once every three (3) months.

As added by P.L.1-2022, SEC.9. Amended by P.L.174-2022, SEC.58.