Requires employers who mandate COVID-19 Vaccines to allow exemptions, with exceptions

State: UT
Bill Number: HB 63
Position: WATCH
Action Required: None
Status: Enacted, Governor signed 3/22/2022, Effective 5/3/2022

Legislation Details:

UPDATE: 3/23/2022 - The governor signed HB 63 on 3/22/2022.  The new law will go into effect on 5/3/2022, 60 days after adjournment of the 2022 legislative session.  

This article explains what the bill does, including some unanswered questions -

UPDATE: 3/14/2022 - HB 63 was enrolled on 3/10/2022 and sent to the governor on 3/14/2022.  Text of final, enrolled version - 

The final version requires employers who mandate COVID-19 Vaccines to allow for exemptions for medical, religious or personal reasons or if the employee's primary care provider provides a letter stating the employee was previously infected with COVID.  However, the exemptions do not have to be given in the following situations:

(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.

In addition, "Employer" does not include a person that is subject to a regulation by the Centers for Medicare and Medicaid Services regarding a COVID-19 vaccine during the period that the regulation is in effect.  

UPDATE: 3/6/2022 - HB 63 passed the House and the Senate and was sent for enrolling on 3/5/2022 (session adjourned on 3/4/2022). The version that passed was the 4th substitute.  See text of final version, 4th substitute -  

UPDATE:  2/24/2022 - HB 63 passed the Senate Health and Human Services Committee on 2/23/2022 with a substitute. The substitute exempts employers who are Medicare and Medicaid health care providers. NVIC Advocacy suggests amending the bill remove this exception for these employees of these providers. Instead of excepting healthcare workers, the bill could include a CMS carveout to only except these employees under a valid and enforceable federal rule, since there are ongoing lawsuits to strike down the federal rule mandate.

UPDATE:  2/23/2022 - HB 63 is scheduled for a hearing in the Senate Health and Human Services Committee on 2/23/2022 at 4:00 PM in 210 Senate Building. Agenda -

UPDATE: 2/21/2022 - HB 63 passed the full House on 2/17/2022 and is now in the Senate. 

UPDATE:  2/16/2022 - HB 63 passed the House Business and Labor Committee as a substitute on 2/15/2022.  You can see the comparison with the substitute here - 

See news article - 

UPDATE:  2/15/2022 - HB 63 is scheduled for a hearing in the House Business and Labor Committee on Tuesday, Feb. 15th at 4:00 PM. Agenda -

UPDATE: 2/4/2022 - A substitute for HB 63 has been proposed by Rep. Burton, HB 63S01.  See the comparison of the introduced version and the substitute here -  

UPDATE:  1/19/2022 - HB 63 was referred to the House Rules Committee and introduced first reading.

HB 63 was introduced on 12/20/2021 and the fiscal note was received on 1/12/2022.  This bill is sponsored by Rep. Hawkins.         

This bill would add the following additional exemption to the law that passed in 2021 concerning employer vaccine mandates for COVID-19, SB 2004:

(b) a letter from the employee or prospective employee's physician stating that the employee or prospective employee was previously infected by COVID-19.

This will help some employees, however the exceptions to the protections that were in the original bill that still apply.  Also, an employee should be able to provide a notarized statement attesting that they have recovered from COVID-19 infection instead of having the physician write a statement. Without this, the bill discriminates against people who didn’t seek medical care or testing when sick with COVID, and serologic tests for COVID-19 are not even fully FDA approved yet and are expensive. - text, status and history for HB 63