Prohibition on requiring immunity passports or vaccination -- Exceptions

(1) As used in this section: (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 26B-2-201. (d) "Vaccination status" means an indication of whether an individual has received one or more doses of a vaccine. (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. (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 53H-3-1302; (b) a vaccination requirement by a school if the vaccination requirement is implemented in accordance with Title 53G, Chapter 9, Part 3, Immunization Requirements; (c) a child care program as defined in Section 26B-2-401 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; (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 (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. (4) Nothing in this section prohibits a governmental entity from recommending that an employee receive a vaccine.