26B-1-242. Prohibition on requiring immunity passports or vaccination — Exceptions.
| (1) |
As used in this section:
Terms Used In Utah Code 26B-1-242- Contract: A legal written agreement that becomes binding when signed.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
| (a) |
“Governmental entity” means the same as that term is defined in Section 63D-2-102. |
| (b) |
“Immunity passport” means a document, digital record, or software application indicating that an individual is immune to a disease, whether through vaccination or infection and recovery. |
| (c) |
“Regulated entity” means an employer, as defined in Section 34A-6-103, that is subject to a regulation by the Centers for Medicare and Medicaid Services regarding a vaccine, unless the employer is:
| (i) |
the state or a political subdivision of the state; and |
| (ii) |
not a health care facility as defined in Section 26-21-2. |
|
| (d) |
“Vaccination status” means an indication of whether an individual has received one or more doses of a vaccine. |
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| (2) |
A governmental entity may not:
| (a) |
refuse, withhold from, or deny to an individual any local or state service, good, facility, advantage, privilege, license, educational opportunity, health care access, or employment opportunity based on the individual’s vaccination status, including whether the individual has an immunity passport; or |
| (b) |
require any individual, directly or indirectly, to receive a vaccine. |
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| (3) |
Subsection (2) does not apply to:
| (a) |
a vaccination requirement by an institution of higher education, if the vaccination requirement is implemented in accordance with Section 53B-2-113; |
| (b) |
a vaccination requirement by a school if the vaccination requirement is implemented in accordance with 3; |
| (c) |
a child care program as defined in Section 26-39-102 if the vaccination requirement is implemented in accordance with applicable provisions of state and federal law; |
| (d) |
a regulated entity if compliance with Subsection (2) would result in a violation of binding, mandatory regulations or requirements that affect the regulated entity’s funding issued by the Centers for Medicare and Medicaid Services or the United States Centers for Disease Control and Prevention; |
| (e) |
a contract for goods or services entered into before May 3, 2023, if:
| (i) |
application of this section would result in a substantial impairment of the contract; and |
| (ii) |
the contract is not between an employer and the employer’s employee; |
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| (f) |
a federal contractor; |
| (g) |
a governmental entity vaccination requirement of an employee who, as determined by the governmental entity:
| (i) |
has, as part of the employee’s duties, direct exposure to human blood, human fecal matter, or other potentially infectious materials that may expose the employee to hepatitis or tuberculosis; or |
| (ii) |
is acting in a public health or medical setting that requires the employee to receive vaccinations to perform the employee’s assigned duties and responsibilities; or |
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| (h) |
a governmental entity that:
| (i) |
establishes a nexus between a vaccination requirement and the employee’s assigned duties and responsibilities; or |
| (ii) |
identifies an external requirement for vaccination that is not imposed by the governmental entity and is related to the employee’s duties and responsibilities. |
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| (4) |
Nothing in this section prohibits a governmental entity from recommending that an employee receive a vaccine. |
Enacted by Chapter 275, 2023 General Session
Technically renumbered newly enacted section following revisor instructions regarding recodification of Titles 26 and 62A in 2023 General Session.
