Assigned
to HHS AS
PASSED BY COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
AMENDED
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 authorized by the U.S. Food and Drug Administration (FDA) for emergency use only. 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).
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. Allows an employer to create a database of religious exemption requests only for internal use.
Complaints and Violations
6. Allows a terminated employee who was not offered or was denied a vaccination religious exemption by their employer to file a complaint with the AG.
7. Stipulates that employers 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:
a) the employer imposed a vaccine mandate;
b) the employee was offered and submitted a proper exemption statement; and
c) the employee was terminated as a result of the employer's failure to allow a religious exemption.
10. Requires the AG to notify employers that violate vaccination religious exemption requirements of their violation and provide the employer the opportunity to correct the noncompliance within 10 days.
11. Directs the AG to assess a civil penalty of $5,000 on any employer that does not correct noncompliance with vaccination religious exemption requirements within 10 days.
Miscellaneous
12. Defines COVID-19 and sincerely held religious beliefs.
13. Makes a conforming change.
14. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Applies the exemption requirements to any vaccination authorized, rather than approved, by the FDA for emergency use only.
2. Allows an employer to create a database of religious exemption requests only for internal use.
3. Applies the complaint and investigation process for failing to offer a vaccination religious exemption to all employers, rather than only health care institutions.
4. Removes the applicability of the complaint process to individuals who were not terminated but experienced the functional equivalent of being terminated.
Senate Action
HHS 2/7/23 DPA 4-3-0
Prepared by Senate Research
February 8, 2023
MM/slp