ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
employers; vaccines; religious exemption
Purpose
Requires employers to allow employees that complete a religious exemption form to opt out of vaccination requirements for COVID-19, influenza A, influenza B, flu or any vaccine approved by the U.S. Food and Drug Administration (FDA) for emergency use. Prohibits employers from discriminating against an employee regarding employment, wages or benefits based on vaccination status and from inquiring into the veracity of an employee's religious beliefs. Allows a terminated employee of a health care institution that did not offer or denied a vaccination religious exemption to file a complaint with the Attorney General (AG).
Background
Employers that receive notice from an employee that taking the COVID-19 vaccination conflicts with a sincerely held religious belief, practice or observance must provide the employee a reasonable accommodation, unless the accommodation would pose an undue hardship and more than de minimus cost to the employer (A.R.S. § 23-206).
Current statute requires the Department of Health Services (DHS) to
license and oversee all health care institutions in Arizona, including
enforcing health care institution statutes, rules and regulations. DHS must: 1)
review and approve plans and specifications for institution construction or
modification; 2) have access to books, records, accounts and any other
necessary health care institution information; and 3) require nursing care
institutions and assisted living facilities to provide annual influenza and
pneumonia vaccines to residents. Additionally, DHS may: 1) inspect every part
of a health care institution to ensure compliance with standard medical
practice;
2) conduct investigations of health care institution conditions and problems
with noncompliance; and 3) develop facility manuals and guides to health care
institutions and the general public (A.R.S.
§ 36-406).
A health care institution is a place, institution, building or agency that provides facilities with medical services, nursing services, behavioral health services, health screening and other health related services, supervisory care services, personal care services, direct care services, as well as home health agencies, outdoor behavioral health care programs and hospice service agencies (A.R.S. § 36-401).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Employer Vaccination Religious Exemption
2. Prohibits employers from:
a) inquiring into the veracity of an employee's religious beliefs; and
b) discriminating against an employee regarding employment, wages or benefits based on vaccination status.
3. Outlines the vaccination religious exemption form.
4. Requires employers to keep religious exemption claims in strict confidence within the organization, except to the extent absolutely necessary to process the claim.
5. Prohibits employers from creating a database of religious exemption requests or sharing the requests with any other entity or individual.
Health Care Institution Violations
6. Allows a terminated, or the functional equivalent of terminated, employee of a health care institution that did not offer or denied a vaccination religious exemption to file a complaint with the AG.
7. Stipulates that health care institutions are only required to apply religious vaccination exemptions to the extent required under federal law.
8. Requires the AG to investigate all complaints relating to vaccination religious exemptions.
9. Requires AG investigations of religious exemption complaints to determine whether the:
a) health care institution imposed a vaccine mandate;
b) employee was offered and submitted a proper exemption statement; and
c) employee was terminated, or the functional equivalent of terminated, as a result of the institution's failure to allow a religious exemption.
10. Requires the AG to notify health care institutions that violate vaccination religious exemption requirements of their violation and provide the institution the opportunity to correct the noncompliance within 10 days.
11. Directs the AG to assess a civil penalty of $5,000 on a health care institution that does not correct noncompliance with vaccination religious exemption requirements within 10 days.
Miscellaneous
12. Defines COVID-19, sincerely held religious beliefs and functional equivalent termination.
13. Makes a conforming change.
14. Becomes effective on the general effective date.
Prepared by Senate Research
February 3, 2023
MM/slp