Amends TCA Title 14.

This bill requires an employer with a mandatory COVID-19 vaccination policy to grant an exemption to a person if: (1) The person provides a medical exemption supported by a statement that has been signed and dated by a licensed healthcare provider; or (2) The person states that the person has a religious belief which prevents the person from complying with the policy. This bill prohibits an employer from: (1) Taking longer than two business days to grant or deny the person's request for an exemption; (2) Denying a request for an exemption without a written statement explaining why the request was denied; (3) Discharging, threatening to discharge, or reducing the compensation of a person who is granted an exemption; or (4) In regard to a religious exemption, requiring the person to provide proof beyond the person's initial statement to be granted an exemption. A violation of this bill is punishable by a civil penalty of $10,000. This bill requires the attorney general and reporter to establish a process by which reports of violation of this bill may be reported. The attorney general institutes a proceeding involving alleged violations of this bill by bringing an action in the Davidson County chancery court or the chancery court in the county where the employer is located. Under present law, a private business, governmental entity, school, or employer does not have to comply with certain present COVID-19-related laws if the business, entity, school, or employer submits notice in writing to the comptroller that compliance would result in a loss of federal funding, to the extent such an exemption is necessary to conform to federally awarded or amended contracts, subcontracts, or postsecondary grants as a condition to receipt of federal funds. This bill specifies that, notwithstanding that present law provisions, employers are not exempt from this bill. This bill specifies that a healthcare practitioner that provides a signed statement supporting an exemption from a COVID-19 vaccination policy is acting within the practitioner's scope of practice, immune from civil liability, and protected from disciplinary action by a health-related board. ON FEBRUARY 24, 2022, THE SENATE ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 1823, AS AMENDED. AMENDMENT #1 makes various changes to this bill as follows: (1) Specifies that this bill applies to employers who employ one or more persons and are not subject to the provision of present law that prohibits a private business, governmental entity, school, or LEA from compelling or otherwise taking an adverse action against a person to compel the person to provide proof of vaccination if the person objects to receiving a COVID-19 vaccine for any reason; (2) Defines "staff member" for purposes of identifying persons who must be granted an exception from an employer's COVID-19 vaccination requirement under this bill. A "staff member" is a person required by an employer to provide proof of vaccination or receive the COVID-19 vaccine, including: (A) A person employed by an employer, as of the date this bill becomes a law, and is required by the employer to provide proof of vaccination or receive the COVID-19 vaccine; and (B) A person required by the employer to provide proof of vaccination or receive the COVID-19 vaccine, who is a licensed health care worker or a student pursuing a course of study for the purpose of becoming a licensed health care worker, and who, as of the date that this bill becomes a law, has been granted permission by a licensed health care facility to be present in the facility to care for or attend to patients or for clinical education; (3) Revises the circumstances under which an employer that requires a staff member to provide proof of vaccination or receive the COVID-19 vaccine is required to grant the staff member an exemption to the requirement. Under this amendment, the exemption must be granted if: (A) The staff member's request for a medical exemption is supported by a statement signed and dated by a licensed physician that the staff member has a condition recognized under generally accepted medical standards as a basis for the medical exemption; or (B) The staff member attests in writing that the staff member has a sincerely held religious belief that prevents the staff member from complying with the requirement in accordance with guidance from the federal centers for medicare and medicaid services; (4) Increases from two to 10 the number of days within which an employer must grant or deny a request for an exemption; (5) Adds reduction of benefits or hours to the type of action that an employer will be prohibited from taking in retaliation against a staff member who requests an exemption; (6) Specifies that this bill does not: (A) Impose a duty or liability on an employer for acts or omissions prior to the date that this bill becomes a law; (B) Require an employer to change a determination made prior to the date that this bill becomes a law, except that a staff member who was terminated for not complying with a COVID-19 vaccine mandate and that termination would have been covered by this bill may reapply for employment and shall not be denied employment solely because the staff member sought an exemption prior to the date that this bill becomes a law; or (C) Require an employer to take or refrain from an action contrary to enforceable requirements imposed by the federal centers for medicare and medicaid services; (7) Authorizes the attorney general to bring an action to enjoin further violations of this bill, as well as seeking the $10,000 civil penalty; (8) Requires that a civil penalty awarded under this bill be deposited in the general fund; (9) Requires that the loser pay attorneys' fees and costs in an action brought under this bill, except that costs must not be taxed against the attorney general and reporter; (10) Establishes jurisdiction for an action brought pursuant to this bill as the chancery or circuit court of Williamson County or the chancery court in the county where the employer is located; and (11) Limits authorization to provide exemption statements to licensed physicians acting within the context of a physician-patient relationship.