Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0569 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- S 0569
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7	7	LC001683
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
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14	14	A N A C T
15	15	RELATING TO HEALTH AND SAFETY -- COVID-19 VACCINATION MANDATE
16	16	PROHIBITED
17	17	Introduced By: Senators DeLuca, E Morgan, Rogers, and de la Cruz
18	18	Date Introduced: March 07, 2023
19	19	Referred To: Senate Health & Human Services
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22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby 1
24	24	amended by adding thereto the following chapter: 2
25	25	CHAPTER 99 3
26	26	COVID-19 VACCINATION MANDATE PROHIBITED 4
27	27	23-99-1. Title. 5
28	28	This chapter shall be known and cited as the “COVID-19 Vaccination Mandate 6
29	29	Prohibited”. 7
30	30	23-99-2. Private employer COVID-19 vaccination mandates prohibited. 8
31	31	(a) A private employer may not impose a COVID-19 vaccination mandate for any full-9
32	32	time, part-time, or contract employee without providing individual exemptions that allow an 10
33	33	employee to opt out of such requirement on the basis of medical reasons, including, but not limited 11
34	34	to, pregnancy or anticipated pregnancy, religious reasons, COVID-19 immunity, periodic testing, 12
35	35	and the use of employer-provided personal protective equipment. 13
36	36	(b) If an employer receives a completed exemption statement pursuant to this chapter, the 14
37	37	employer shall allow the employee to opt out of the employer’s COVID-19 vaccination mandate. 15
38	38	(c) For purposes of this chapter, the term “COVID-19” means the novel coronavirus 16
39	39	identified as SARS-CoV-2, any disease caused by SARS-CoV-2, its viral fragments, or a virus 17
40	40	mutating therefrom; and all conditions associated with the disease which are caused by SARS-18
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43	43	LC001683 - Page 2 of 4
44	44	CoV-2, its viral fragments, or a virus mutating therefrom. 1
45	45	23-99-3. Exemptions. 2
46	46	(a) To claim an exemption based on medical reasons, including, but not limited to, 3
47	47	pregnancy or anticipated pregnancy, the employee shall present to the employer an exemption 4
48	48	statement, dated and signed by a physician or a physician assistant, licensed by the department of 5
49	49	health, or an advanced practice registered nurse, licensed by the department of health, who has 6
50	50	examined the employee. The statement shall provide that, in the professional opinion of the 7
51	51	physician, physician assistant, or advanced practice registered nurse, COVID-19 vaccination is not 8
52	52	in the best medical interest of the employee. The department of health shall adopt rules specifying 9
53	53	circumstances that are considered an anticipated pregnancy, including, but not limited to, a 10
54	54	maximum timeframe within which one anticipates pregnancy for the purpose of claiming an 11
55	55	exemption under this section. 12
56	56	(b) To claim an exemption based on religious reasons, the employee shall present to the 13
57	57	employer an exemption statement indicating that the employee declines COVID-19 vaccination 14
58	58	because of a sincerely held religious belief. 15
59	59	(c) To claim an exemption based on COVID-19 immunity, the employee shall present to 16
60	60	the employer an exemption statement demonstrating competent medical evidence that the employee 17
61	61	has immunity to COVID-19, documented by the results of a valid laboratory test performed on the 18
62	62	employee. The department of health shall adopt a standard for demonstrating competent medical 19
63	63	evidence of such immunity. 20
64	64	(d) To claim an exemption based on periodic testing, the employee shall present to the 21
65	65	employer an exemption statement indicating that the employee agrees to comply with regular 22
66	66	testing for the presence of COVID-19 at no cost to the employee. 23
67	67	(e) To claim an exemption based on employer-provided personal protective equipment, the 24
68	68	employee shall present to the employer an exemption statement indicating that the employee agrees 25
69	69	to comply with the employer’s reasonable written requirement to use employer-provided personal 26
70	70	protective equipment when in the presence of other employees or other persons. 27
71	71	(f) Employers shall use forms adopted by the department of health, or substantially similar 28
72	72	forms, for employees to submit exemption statements. 29
73	73	23-99-4. Complaint. 30
74	74	(a) Any employee may file a complaint with the attorney general alleging that an exemption 31
75	75	has not been offered or has been improperly applied or denied in violation of the provisions of this 32
76	76	chapter. If the office of the attorney general investigates and finds that the exemption was not 33
77	77	offered or was improperly applied or denied, the attorney general shall notify the employer of the 34
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81	81	attorney general's determination and allow the employer the opportunity to cure the noncompliance. 1
82	82	(b) If an employer fails to comply with the provisions of this chapter and terminates an 2
83	83	employee based on a COVID-19 vaccination mandate, the terminated employee may file a 3
84	84	complaint with the office of the attorney general alleging that an exemption has not been offered 4
85	85	or has been improperly applied or denied, resulting in the employee’s termination. The office of 5
86	86	the attorney general shall conduct an investigation of the complaint filed by a terminated employee. 6
87	87	The investigation, at a minimum, shall determine whether the employer has imposed a COVID-19 7
88	88	vaccination mandate. If the attorney general finds that an employee has been improperly 8
89	89	terminated, the attorney general shall impose an administrative fine not to exceed: 9
90	90	(1) For an employer with fewer than one hundred (100) employees, ten thousand dollars 10
91	91	($10,000) per violation of this chapter. 11
92	92	(2) For an employer with one hundred (100) or more employees, fifty thousand dollars 12
93	93	($50,000) per violation of this chapter. 13
94	94	(3) The attorney general shall not impose a fine on an employer that reinstates, prior to the 14
95	95	issuance of a final order, a terminated employee with back pay to the date that the complaint was 15
96	96	received by the office of the attorney general. 16
97	97	23-99-5. Penalties. 17
98	98	(a) In determining the amount of fine to be levied for a violation, the attorney general may 18
99	99	consider any of the following factors: 19
100	100	(1) Whether the employer knowingly and willfully violated this chapter; 20
101	101	(2) Whether the employer has shown good faith in attempting to comply with the 21
102	102	requirements of this chapter; 22
103	103	(3) Whether the employer has taken any action to correct the violation; 23
104	104	(4) Whether the employer has previously been assessed a fine for violating the provisions 24
105	105	of this chapter; and 25
106	106	(5) Any other mitigating or aggravating factor that fairness and due process requires. 26
107	107	(b) All fines collected pursuant to this chapter shall be deposited into the general revenue 27
108	108	fund. 28
109	109	SECTION 2. This act shall take effect upon passage. 29
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116	116	EXPLANATION
117	117	BY THE LEGISLATIVE COUNCIL
118	118	OF
119	119	A N A C T
120	120	RELATING TO HEALTH AND SAFETY -- COVID-19 VACCINATION MANDA TE
121	121	PROHIBITED
122	122	***
123	123	This act would prohibit a private employer from mandating a COVID-19 vaccination upon 1
124	124	any full-time, part-time, or contract employee without providing individual exemptions that allow 2
125	125	an employee to opt out of such mandate on the basis of medical reasons, religious reasons, COVID-3
126	126	19 immunity, periodic testing, or the use of employer-provided person protective equipment. An 4
127	127	employer who violates this requirement, following an investigation by the attorney general’s office, 5
128	128	may be subject to fines of ten thousand dollars ($10,000) per violation of employers employing 6
129	129	fewer than one hundred (100) employees, and fifty thousand dollars ($50,000) per violation of 7
130	130	employers employing one hundred (100) or more employees. 8
131	131	This act would take effect upon passage. 9
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