Skip to main content
Find a Lawyer

Arkansas Code Title 20. Public Health and Welfare § 20-7-143. Prohibition on requirement for vaccine or immunization for coronavirus 2019 (COVID-19)

Current as of March 28, 2024 | Updated by Findlaw Staff

(a) As used in this section, “coerce” means:

(1) Using physical violence, threats, intimidation, or retaliation with the purpose of causing a reasonable individual of ordinary susceptibilities to acquiesce when the individual otherwise would not;

(2)(A) Making conditional a private or public benefit, including without limitation employment, promotion, or another employment benefit, with the purpose of causing a reasonable individual of ordinary susceptibilities to acquiesce when the individual otherwise would not.

(B) However, other positive incentives that are above or beyond any expected compensation or benefit of employment shall not be included under the term “coerce”; or

(3) Using any other means with the purpose of causing a reasonable individual of ordinary susceptibilities to acquiesce when the individual otherwise would not.

(b)(1) The state, a state agency or entity, a political subdivision of the state, or a state or local official shall not mandate or require an individual to receive a vaccine or immunization for coronavirus 2019 (COVID-19).

(2) A state-owned or state-controlled medical facility may offer positive incentives to an individual to receive a vaccine or immunization for coronavirus 2019 (COVID-19).

(3) If a state-owned or state-controlled medical facility desires to mandate or require an individual to receive a vaccine or immunization for coronavirus 2019 (COVID-19), then the state-owned or state-controlled medical facility shall receive approval from the Legislative Council to mandate or require the individual to receive a vaccine or immunization for coronavirus 2019 (COVID-19).

(c) Receiving a vaccine or immunization for coronavirus 2019 (COVID-19) shall not be a condition of education, employment, entry, or services from the state or a state agency or entity or for obtaining a licensure, certificate, or permit from a state agency or entity.

(d)(1) The Department of Health shall maintain information and data about the safety and efficacy of any vaccine or immunization for coronavirus 2019 (COVID-19) approved by the United States Food and Drug Administration, including without limitation information and data on any risk of harm associated with the administration of the vaccine or immunization, on the department's website.

(2) The information and data described in subdivision (d)(1) of this section shall be presented in a manner that is understandable and accessible to all individuals.

(e) The state, a state agency or entity, a political subdivision of the state, or a state or local official shall not discriminate against or coerce in any way an individual for refusing to receive a vaccine or immunization for coronavirus 2019 (COVID-19), including without limitation:

(1) Coercing an employee into consenting to receive a vaccine or immunization for coronavirus 2019 (COVID-19);

(2) Withholding the opportunity for career advancement from an employee who does not consent to receiving a vaccine or immunization for coronavirus 2019 (COVID-19); or

(3) Withholding a salary, a wage increase, insurance, or insurance discounts from an employee who does not consent to receiving a vaccine or immunization for coronavirus 2019 (COVID-19).

(f) If the state, a state agency or entity, a political subdivision of the state, or a state or local official recommends that an individual in this state receive a vaccine or immunization for coronavirus 2019 (COVID-19), the state, state agency or entity, political subdivision of the state, or state or local official shall provide notice that the recommendation is not mandatory.

(g) This section shall expire two (2) years from the date that the United States Food and Drug Administration approves the immunization or vaccine for coronavirus 2019 (COVID-19).

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Arkansas Code Title 20. Public Health and Welfare § 20-7-143. Prohibition on requirement for vaccine or immunization for coronavirus 2019 (COVID-19) - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-20-public-health-and-welfare/ar-code-sect-20-7-143/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard