HB9026112th GA (Historical)Introduced

Amends TCA Title 4, Chapter 21; Title 33; Title 37; Title 49; Title 50; Title 63; Title 68 and Title 71.

This bill makes it a discriminatory practice to treat a person differently on the basis of vaccination status and prohibits requiring a person to receive certain types of COVID-19 vaccines.<br /> <br /> VACCINE STATUS DISCRIMINATION<br /> <br /> Under this bill, it is an unlawful discriminatory practice for:<br /> <br /> (1) A person to refuse, withhold from, or deny to a person a service, good, facility, advantage, privilege, license, educational opportunity, or healthcare access based on the person's vaccination status or whether the person has an immunity passport;<br /> <br /> (2) A person to refuse employment to a person, to bar a person from employment, or to discriminate against a person in compensation or in a term, condition, or privilege of employment based on the person's vaccination status or whether the person has an immunity passport; or<br /> <br /> (3) A place of public accommodation, resort, or amusement to exclude, limit, segregate, refuse to serve, or otherwise discriminate against a person based on the person's vaccination status or whether the person has an immunity passport.<br /> <br /> This bill defines "vaccination status" as an indication of whether a person has received one or more doses of a vaccination, immunization, or injection for COVID-19; and an "immunity passport" as a document, digital record, or software application indicating that a person is immune to COVID-19, either through vaccination, immunization, injection, medical treatment, or infection and recovery.<br /> <br /> This bill's discrimination provision does not apply to vaccination requirements for school children. Under this bill, it is not unlawful discrimination for a person, employer, or entity to recommend that an employee receive a vaccine, injection, immunization, or other treatment for COVID-19. Similarly, a healthcare facility does not unlawfully discriminate if the facility:<br /> <br /> (1) Asks an employee to volunteer the employee's vaccination status or immunity passport for the purpose of determining whether the healthcare facility should implement reasonable accommodation measures to protect the safety and health of employees, patients, visitors, and other persons from COVID-19; and<br /> <br /> (2) Implements reasonable accommodation measures for employees, patients, visitors, and other persons who are not vaccinated or not immune to COVID-19 to protect the safety and health of employees, patients, visitors, and other persons from COVID-19.<br /> <br /> PROHIBITION ON TYPES OF VACCINES<br /> <br /> This bill prohibits a person from requiring another person to receive a COVID-19 vaccine for which the use is allowed under an emergency use authorization or that is undergoing safety trials prior to full approval by the federal food and drug administration.<br /> <br /> NURSING HOMES AND ASSISTED LIVING FACILITIES EXEMPTED<br /> <br /> An assisted living facility or nursing home is exempted from the discrimination and vaccination provisions of this bill during a period of time that compliance with those provisions would result in a violation of regulations or guidance issued by the federal centers for medicare and medicaid services or the federal centers for disease control and prevention.<br />

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Overview

This bill makes it a discriminatory practice to treat a person differently on the basis of vaccination status and prohibits requiring a person to receive certain types of COVID-19 vaccines.<br /> <br /> VACCINE STATUS DISCRIMINATION<br /> <br /> Under this bill, it is an unlawful discriminatory practice for:<br /> <br /> (1) A person to refuse, withhold from, or deny to a person a service, good, facility, advantage, privilege, license, educational opportunity, or healthcare access based on the person's vaccination status or whether the person has an immunity passport;<br /> <br /> (2) A person to refuse employment to a person, to bar a person from employment, or to discriminate against a person in compensation or in a term, condition, or privilege of employment based on the person's vaccination status or whether the person has an immunity passport; or<br /> <br /> (3) A place of public accommodation, resort, or amusement to exclude, limit, segregate, refuse to serve, or otherwise discriminate against a person based on the person's vaccination status or whether the person has an immunity passport.<br /> <br /> This bill defines "vaccination status" as an indication of whether a person has received one or more doses of a vaccination, immunization, or injection for COVID-19; and an "immunity passport" as a document, digital record, or software application indicating that a person is immune to COVID-19, either through vaccination, immunization, injection, medical treatment, or infection and recovery.<br /> <br /> This bill's discrimination provision does not apply to vaccination requirements for school children. Under this bill, it is not unlawful discrimination for a person, employer, or entity to recommend that an employee receive a vaccine, injection, immunization, or other treatment for COVID-19. Similarly, a healthcare facility does not unlawfully discriminate if the facility:<br /> <br /> (1) Asks an employee to volunteer the employee's vaccination status or immunity passport for the purpose of determining whether the healthcare facility should implement reasonable accommodation measures to protect the safety and health of employees, patients, visitors, and other persons from COVID-19; and<br /> <br /> (2) Implements reasonable accommodation measures for employees, patients, visitors, and other persons who are not vaccinated or not immune to COVID-19 to protect the safety and health of employees, patients, visitors, and other persons from COVID-19.<br /> <br /> PROHIBITION ON TYPES OF VACCINES<br /> <br /> This bill prohibits a person from requiring another person to receive a COVID-19 vaccine for which the use is allowed under an emergency use authorization or that is undergoing safety trials prior to full approval by the federal food and drug administration.<br /> <br /> NURSING HOMES AND ASSISTED LIVING FACILITIES EXEMPTED<br /> <br /> An assisted living facility or nursing home is exempted from the discrimination and vaccination provisions of this bill during a period of time that compliance with those provisions would result in a violation of regulations or guidance issued by the federal centers for medicare and medicaid services or the federal centers for disease control and prevention.<br />

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

October 26, 2021

Subjects
3865217015200590

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