As used in this chapter:

1. (1)

   1. (a) "Adverse action" means:

      1. (i) an action that results in:

         1. (A) the refusal to hire a potential employee; or
         2. (B) the termination of employment, demotion, or reduction of wages of an employee; or
      2. (ii) a governmental entity separating an employee from another employee solely because of the COVID-19 vaccination status of the employee.
   2. (b) "Adverse action" does not include an employer's reassignment of an employee, if the employee's COVID-19 vaccination status is not the only reason for the reassignment.

2. (2) "COVID-19 vaccine" means a substance that is:

   1. (a)

      1. (i) approved for use by the United States Food and Drug Administration; or
      2. (ii) authorized for use by the United States Food and Drug Administration under an emergency use authorization under 21 U.S.C. Sec. 360bbb-3;
   2. (b) injected into or otherwise administered to an individual; and
   3. (c) intended to immunize an individual against COVID-19 as defined in Section 78B-4-517.
3. (3) "COVID-19 vaccination status" means the state of whether an individual has received a COVID-19 vaccine.
4. (4) "Employee" means an individual suffered or permitted to work by an employer.

5. (5)

   1. (a) Except as provided in Subsection (5)(c), "employer" means the same as that term is defined in Section 34A-6-103.
   2. (b) Except as provided in Subsection (5)(c), "employer" includes a federal contractor.

   3. (c) "Employer" does not include:

      1. (i) a person that is subject to a regulation by the Centers for Medicare and Medicaid Services regarding a COVID-19 vaccine, during the period that the regulation is in effect; or
      2. (ii) a health care provider, as defined in Section 78B-3-403, that is a participating provider for the Centers for Medicare and Medicaid Services.

6. (6) "Governmental entity" means:

   1. (a) an executive branch agency as defined in Section 63A-16-102;
   2. (b) the legislative branch;
   3. (c) the judicial branch;
   4. (d) the State Board of Education;
   5. (e) the Utah Board of Higher Education;
   6. (f) an institution of higher education; and

   7. (g) a political subdivision of the state:

      1. (i) as defined in Section 17B-1-102; and
      2. (ii) including a school district.
7. (7) "Nurse practitioner" means an individual who is licensed to practice as an advanced practice registered nurse under Title 58, Chapter 31b, Nurse Practice Act.
8. (8) "Physician" means an individual licensed to practice as a physician or osteopath under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
9. (9) "Physician assistant" means an individual who is licensed to practice as a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act.
10. (10) "Primary care provider" means a nurse practitioner, physician, or physician assistant.
11. (11) "Workplace" means the same as that term is defined in Section 34A-6-103.

Renumbered and Amended by Chapter 119, 2022 General Session