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Utah Code Title 26. Utah Health Code § 26-68-102. Governmental entities prohibited from requiring a COVID-19 vaccine

Current as of May 05, 2022 | Updated by FindLaw Staff

(1) As used in this section:

(a) “Governmental entity” means the same as that term is defined in Section 63D-2-102.

(b) “Emergency COVID-19 vaccine” means a substance that is:

(i) authorized for use by the United States Food and Drug Administration under an emergency use authorization under 21 U.S.C. Sec. 360bbb-3;

(ii) injected into or otherwise administered to an individual;  and

(iii) intended to immunize an individual against COVID-19 as defined in Section 78B-4-517.

(2) Except as provided in Subsection (4), a governmental entity may not require, directly or indirectly, that an individual receive an emergency COVID-19 vaccine.

(3) The prohibited activities under Subsection (2) include:

(a) making rules that require, directly or indirectly, that an individual receive an emergency COVID-19 vaccine;

(b) requiring that an individual receive an emergency COVID-19 vaccine as a condition of:

(i) employment;

(ii) participation in an activity of the governmental entity, including outside or extracurricular activities;  or

(iii) attendance at events that are hosted or sponsored by the governmental entity;  and

(c) any action that a reasonable person would not be able to deny without significant harm to the individual.

(4) Subsection (2) does not include:

(a) facilitating the distribution, dispensing, administration, coordination, or provision of an emergency COVID-19 vaccine;

(b) an employee of a governmental entity who is:

(i) acting in a public health or medical setting;  and

(ii) required to receive vaccinations in order to perform the employee's assigned duties and responsibilities;  or

(c) enforcement by a governmental entity of a non-discretionary requirement under federal law.

(5) This section may not be suspended or modified by the governor or any other chief executive officer under Title 53, Chapter 2a, Emergency Management Act.

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Cite this article: FindLaw.com - Utah Code Title 26. Utah Health Code § 26-68-102. Governmental entities prohibited from requiring a COVID-19 vaccine - last updated May 05, 2022 | https://codes.findlaw.com/ut/title-26-utah-health-code/ut-code-sect-26-68-102/

Read this complete Utah Code Title 26. Utah Health Code § 26-68-102. Governmental entities prohibited from requiring a COVID-19 vaccine on Westlaw

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