34-56-101. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/4/2022

As used in this chapter:

(a)"Adverse action" means:

(i)an action that results in:

(A)the refusal to hire a potential employee; or

(B)the termination of employment, demotion, or reduction of wages of an employee; or

(ii)a governmental entity separating an employee from another employee solely because of the COVID-19 vaccination status of the employee.

(b)"Adverse action" does not include an employer's reassignment of an employee, if the employee's COVID-19 vaccination status is not the only reason for the reassignment.

(2)"COVID-19 vaccine" means a substance that is:

(i)approved for use by the United States Food and Drug Administration; or

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

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

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

(3)"COVID-19 vaccination status" means the state of whether an individual has received a COVID-19 vaccine.

(4)"Employee" means an individual suffered or permitted to work by an employer.

(a)Except as provided in Subsection (5)(c) , "employer" means the same as that term is defined in Section 34A-6-103 .

(b)Except as provided in Subsection (5)(c) , "employer" includes a federal contractor.

(c)"Employer" does not include:

(i)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; or

(ii)a health care provider, as defined in Section 78B-3-403 , that is a participating provider for the Centers for Medicare and Medicaid Services.

(6)"Governmental entity" means:

(a)an executive branch agency as defined in Section 63A-16-102 ;

(b)the legislative branch;

(c)the judicial branch;

(d)the State Board of Education;

(e)the Utah Board of Higher Education;

(f)an institution of higher education; and

(g)a political subdivision of the state:

(i)as defined in Section 17B-1-102 ; and

(ii)including a school district.

(7)"Nurse practitioner" means an individual who is licensed to practice as an advanced practice registered nurse under Title 58, Chapter 31b, Nurse Practice Act .

(8)"Physician" means an individual licensed to practice as a physician or osteopath under Title 58, Chapter 67, Utah Medical Practice Act , or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act .

(9)"Physician assistant" means an individual who is licensed to practice as a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act .

(10)"Primary care provider" means a nurse practitioner, physician, or physician assistant.

(11)"Workplace" means the same as that term is defined in Section 34A-6-103 .

Renumbered and Amended by Chapter 119 , 2022 General Session