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AN ACT relating to immunization disclosure. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 336 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Public entity" means the Commonwealth of Kentucky, a county, city, 6
urban-county government, or charter county government, or any of their 7
agencies or departments, a public agency as defined in KRS 7.107, or any 8
nonprofit corporation as defined in KRS 14A.1-070; 9
(b) "Employee" means any person employed by or suffered or permitted to 10
work for the employer; and 11
(c) "Immunization status" means the status of either having received or not 12
received a vaccination for a vaccine-preventable disease or a vaccine 13
granted emergency use authorization by the United States Food and Drug 14
Administration. 15
(2) Notwithstanding any other provisions of the Kentucky Revised Statutes, a public 16
entity in the Commonwealth shall not require: 17
(a) An employee of the public entity to disclose his or her immunization status; 18
or 19
(b) An applicant for employment with the public entity to disclose his or her 20
immunization status as a condition of employment. 21
(3) A public entity shall not take adverse action against an employee or an applicant 22
for employment with the public entity who refuses to disclose his or her 23
immunization status. 24
(4) Notwithstanding any other provisions of the Kentucky Revised Statutes, a private 25
employer shall not require an employee to obtain a specific immunization if that 26
employee is opposed to medical immunization against disease and that employee 27 UNOFFICIAL COPY 22 RS BR 106
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objects by a written sworn statement to the immunization based on religious 1
grounds or conscientiously held beliefs. 2
(5) Nothing in this section shall be construed to: 3
(a) Restrict a public entity or private employer from implementing infection 4
screening and control protocols in accordance with state and federal law to 5
protect public health; or 6
(b) Interfere with an individual's right to access an individual's personal health 7
information under federal law. 8
(6) An employee or applicant for employment may bring against any public entity or 9
private employer in violation of this section a civil action for injunctive relief, 10
actual damages, statutory damages of one thousand ($1,000) per day per 11
violation, and punitive damages. 12
SECTION 2. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO 13
READ AS FOLLOWS: 14
(1) For the purposes of this section, "immunization status" means the status of 15
either having received or not received a vaccination for a vaccine-preventable 16
disease or a vaccine granted emergency use authorization by the United States 17
Food and Drug Administration. 18
(2) Notwithstanding any other provisions of the Kentucky Revised Statutes, a school 19
in the postsecondary education system shall not require: 20
(a) A student, staff, or faculty member to disclose his or her immunization 21
status; or 22
(b) A prospective student or an applicant for employment as a staff or faculty 23
member to disclose his or her immunization status as a condition of 24
attendance or employment. 25
(3) A school in the postsecondary education system shall not take adverse action 26
against a current student, staff, or faculty member, a prospective student, or an 27 UNOFFICIAL COPY 22 RS BR 106
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applicant for employment as staff or faculty member who refuses to disclose his 1
or her immunization status. Adverse action includes, without limitation, denying 2
him or her access to the school, school facilities, or services offered by the school. 3
(4) Nothing in this section shall be construed to: 4
(a) Restrict a school from implementing infection screening and control 5
protocols in accordance with state and federal law to protect public health; 6
or 7
(b) Interfere with an individual's right to access an individual's personal health 8
information under federal law. 9
(5) Notwithstanding any other law, each appropriate state agency shall ensure that 10
all schools in the postsecondary education system in this state comply with this 11
section. If a school fails to comply with this section, it shall be deemed ineligible 12
to receive a state grant or enter into a contract payable with state funds, and the 13
state may deny the school authorization for operation. 14
Section 3. KRS 344.120 is amended to read as follows: 15
Except as otherwise provided in KRS 344.140 and 344.145, it is an unlawful practice for 16
a person to deny an individual the full and equal enjoyment of the goods, services, 17
facilities, privileges, advantages, and accommodations of a place of public 18
accommodation, resort, or amusement, as defined in KRS 344.130, on the ground of 19
disability, race, color, religion, immunization status, or national origin. 20
SECTION 4. A NEW SECTION OF KRS CHAPTER 365 IS CREATED TO 21
READ AS FOLLOWS: 22
(1) A business in this state may not require a customer to provide any documentation 23
certifying that customer's immunization status as a condition of entry onto that 24
business's premises or to receive the services provided by that business. 25
(2) This section may not be construed to: 26
(a) Restrict a business from implementing infection screening and control 27 UNOFFICIAL COPY 22 RS BR 106
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protocols in accordance with state and federal law to protect public health; 1
or 2
(b) Interfere with an individual's right to access an individual's personal health 3
information under federal law. 4
(3) Each appropriate state agency shall ensure that businesses in this state comply 5
with this section and may require compliance with that section as a condition for 6
license, permit, or other state authorization necessary for conducting business in 7
this state. If a business fails to comply with this section, it shall be ineligible to 8
receive a state grant funds or enter into a contract payable with state funds. 9
SECTION 5. A NEW SECTION OF KRS CHAPTER 214 IS CREATED TO 10
READ AS FOLLOWS: 11
(1) As used in this section: 12
(a) "Public entity" means the Commonwealth of Kentucky, a county, city, 13
urban-county government, or charter county government, or any of their 14
agencies or departments, a public agency as defined in KRS 7.107, or any 15
nonprofit corporation as defined in KRS 14A.1-070; and 16
(b) "Immunization status" means the status of either having received or not 17
received a vaccination for a vaccine-preventable disease or a vaccine 18
granted emergency use authorization by the United States Food and Drug 19
Administration. 20
(2) A public entity shall not mandate a vaccine passport, vaccine pass, or issue 21
standardized documentation to certify and individual's immunization status to a 22
third party for a purpose other than healthcare or otherwise publish or share any 23
individual's immunization status or similar health information for a purpose 24
other than health care. 25
(3) Notwithstanding any other provisions in the Kentucky Revised Statutes, a public 26
entity may not share an individual's immunization status with any other public 27 UNOFFICIAL COPY 22 RS BR 106
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entity based in another state or the federal government. 1
Section 6. KRS 214.036 is amended to read as follows: 2
(1) Nothing contained in KRS 158.035, 214.010, 214.020, 214.032 to 214.036, and 3
214.990 shall be construed to require: 4
(a) The testing for tuberculosis or the immunization of any child at a time when, 5
in the written opinion of his or her attending health care provider, such testing 6
or immunization would be injurious to the child's health; 7
(b) The immunization of any child whose parents or guardian are opposed to 8
medical immunization against disease, and who object by a written sworn 9
statement to the immunization of such child based on religious grounds or 10
conscientiously held beliefs; or 11
(c) The immunization of any emancipated minor or adult who is opposed to 12
medical immunization against disease, and who objects by a written sworn 13
statement to the immunization based on religious grounds or conscientiously 14
held beliefs. 15
(2) In the event of an epidemic in a given area, the Cabinet for Health and Family 16
Services may require the immunization of all persons within the area of epidemic, 17
against the disease responsible for such epidemic, except that any administrative 18
regulation promulgated pursuant to KRS Chapter 13A, administrative order issued 19
by the cabinet, or executive order issued pursuant to KRS Chapter 39A requiring 20
such immunization shall not include: 21
(a) The immunization of any child or adult for whom, in the written opinion of 22
his or her attending health care provider, such testing or immunization would 23
be injurious to his or her health; 24
(b) The immunization of any child whose parents or guardians are opposed to 25
medical immunization against disease and who object by a written sworn 26
statement to the immunization based on religious grounds or conscientiously 27 UNOFFICIAL COPY 22 RS BR 106
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held beliefs; or 1
(c) The immunization of any emancipated minor or adult who is opposed to 2
medical immunization against disease, and who objects by a written sworn 3
statement to the immunization based on religious grounds or conscientiously 4
held beliefs. 5
(3) The cabinet shall: 6
(a) Develop and make available on its Web site a standardized form relating to 7
exemptions in this section from the immunization requirements; and 8
(b) Accept a completed standardized form when submitted. 9