PRINTER'S NO. 2698
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2318
Session of
2022
INTRODUCED BY E. NELSON, DAVANZO, PICKETT, RYAN, GREINER,
PENNYCUICK, HAMM, M. MACKENZIE, RADER, KAUFFMAN, IRVIN, COX,
KEEFER, MILLARD AND ZIMMERMAN, FEBRUARY 3, 2022
REFERRED TO COMMITTEE ON HEALTH, FEBRUARY 3, 2022
AN ACT
Providing for exemption to employer COVID-19 vaccine
requirements when individuals possess natural immunity to the
virus.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the COVID-19
Natural Immunity Vaccine Exemption Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"COVID-19." The coronavirus disease 2019, an infectious
disease caused by severe acute respiratory syndrome coronavirus
2 that was first identified during December 2019 in Wuhan,
China.
"COVID-19 vaccine." A vaccine for COVID-19 that has received
an emergency use authorization or approval from the United
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States Food and Drug Administration.
"Employee." Includes an individual employed by an employer.
"Employer." Includes an individual, partnership,
association, corporation or business trust, the Commonwealth, a
political subdivision of the Commonwealth or an authority or
instrumentality of the Commonwealth, or a person or group of
persons acting, directly or indirectly, in the interest of an
employer in relation to an employee.
"Natural immunity." Possessing immunity to the COVID-19
virus as a result of previous infection caused by the virus.
"Prospective employee." An individual who has been offered
employment by an employer, whether or not the offer is
contingent on additional review or screening by the employer.
Section 3. Exemption to COVID-19 vaccine requirement.
Except as otherwise provided under Federal law, an employer
that imposes a COVID-19 vaccine requirement for an employee or
prospective employee shall exempt the employee or prospective
employee from the COVID-19 vaccine requirement if the employee
or prospective employee furnishes any of the following official
medical test results to the employer and no more than 90 days
have passed since the date that the medical test was
administered:
(1) Proof from a physician or a physician's designee
that the employee or prospective employee was previously
infected with COVID-19.
(2) A serology test demonstrating the presence of
antibodies for COVID-19, which is approved by the United
States Food and Drug Administration, with a clinical
diagnosis from a licensed provider or qualified Clinical-
Laboratory-Improvement-Amendments-certified facility under
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the Department of Health of the Commonwealth.
Section 4. Nonexistence of natural immunity.
If an employee or prospective employee who received an
exemption under section 3 no longer possesses natural immunity,
the employee or prospective employee shall have at least 30 days
to provide additional evidence of natural immunity under section
3, seek an alternative exemption or comply with the employer
COVID-19 vaccine requirement.
Section 5. Expiration.
This act shall expire December 31, 2027.
Section 6. Effective date.
This act shall take effect immediately.
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