Governmental entities prohibited from requiring a COVID-19 vaccine.

  1. Law
  2. Utah Code
  3. Utah Health Code
  4. Covid-19 Vaccine Restrictions Act
  5. Governmental entities prohibited from requiring a COVID-19 vaccine.

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Affected by 63I-1-226 on 7/1/2024

Effective 5/5/2021
26-68-102. Governmental entities prohibited from requiring a COVID-19 vaccine.
  • (1) As used in this section:
    • (a) "Governmental entity" means the same as that term is defined in Section 63D-2-102.
    • (b) "Emergency COVID-19 vaccine" means a substance that is:
      • (i) authorized for use by the United States Food and Drug Administration under an emergency use authorization under 21 U.S.C. Sec. 360bbb-3;
      • (ii) injected into or otherwise administered to an individual; and
      • (iii) intended to immunize an individual against COVID-19 as defined in Section 78B-4-517.
  • (2) Except as provided in Subsection (4), a governmental entity may not require, directly or indirectly, that an individual receive an emergency COVID-19 vaccine.
  • (3) The prohibited activities under Subsection (2) include:
    • (a) making rules that require, directly or indirectly, that an individual receive an emergency COVID-19 vaccine;
    • (b) requiring that an individual receive an emergency COVID-19 vaccine as a condition of:
      • (i) employment;
      • (ii) participation in an activity of the governmental entity, including outside or extracurricular activities; or
      • (iii) attendance at events that are hosted or sponsored by the governmental entity; and
    • (c) any action that a reasonable person would not be able to deny without significant harm to the individual.
  • (4) Subsection (2) does not include:
    • (a) facilitating the distribution, dispensing, administration, coordination, or provision of an emergency COVID-19 vaccine;
    • (b) an employee of a governmental entity who is:
      • (i) acting in a public health or medical setting; and
      • (ii) required to receive vaccinations in order to perform the employee's assigned duties and responsibilities; or
    • (c) enforcement by a governmental entity of a non-discretionary requirement under federal law.
  • (5) This section may not be suspended or modified by the governor or any other chief executive officer under Title 53, Chapter 2a, Emergency Management Act.




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