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A01723
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
618
Session of
2021
INTRODUCED BY PHILLIPS-HILL, BROOKS, J. WARD, REGAN, SCAVELLO,
DUSH, HUTCHINSON, MARTIN, K. WARD, BARTOLOTTA, AUMENT,
MASTRIANO, YAW, PITTMAN, STEFANO AND BAKER, MAY 5, 2021
AS AMENDED ON THIRD CONSIDERATION, JUNE 8, 2021
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, providing for vaccinations AND FOR
DISEASE PREVENTION AND CONTROL.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 35 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter CHAPTERS to read:
CHAPTER 59
VACCINATIONS
Sec.
5901. Legislative policy and declarations.
5902 5901 . Definitions.
5903 5902 . Requirement to show proof of vaccination prohibited.
5903. COVID-19 vaccine information on identification cards
prohibited.
§ 5901. Legislative policy and declarations.
The General Assembly finds and declares as follows:
(1) None of the vaccines currently used to vaccinate
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against COVID-19 are approved medical products by the Federal
Drug Administration and are instead being used under
Emergency Use Authorization. Under Federal law, an individual
must be given the option to accept or refuse administration
of the product.
(2) Many Pennsylvanians have not been able to receive a
COVID-19 vaccine due to delays in administration of the
vaccines and many individuals cannot receive the vaccine due
to illness.
(3) Vaccination records are private health information
and should not be disclosed under government mandate.
(4) A governmental requirement to obtain a vaccination
infringes on individual freedom and harms patient privacy.
(5) Trusting business entities to make their own
decisions is in the best interest of the business entities'
employees and customers.
§ 5902 5901 . Definitions.
As used in this chapter, the following words and phrases
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Business entity." A sole proprietorship, corporation,
joint-stock association or company, partnership, limited
partnership, limited liability company, association, business
trust, syndicate or other commercial or professional activity
organized under the laws of this Commonwealth or any other
jurisdiction.
"COVID-19." The novel coronavirus as identified in the
Governor's Proclamation of Disaster Emergency issued on March 6,
2020, published at 50 Pa.B. 1644 (March 21, 2020).
"Government entity." A Commonwealth agency or political
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subdivision.
"INSTITUTION OF HIGHER EDUCATION." A POSTSECONDARY
INSTITUTION OF HIGHER EDUCATION RECEIVING STATE FUNDING THROUGH
THE ANNUAL APPROPRIATIONS PROCESS.
"Political subdivision." A county, city, borough,
incorporated town, township or school district of this
Commonwealth or an agency designated to act on behalf of a
political subdivision.
§ 5903 5902 . Requirement to show proof of vaccination
prohibited.
No government entity OR INSTITUTION OF HIGHER EDUCATION shall
require proof of vaccination against COVID-19 to use any
service, enter any building or undertake any activity within the
territorial limits or the jurisdiction of the government entity.
§ 5903. COVID-19 vaccine information on identification cards
prohibited.
A government entity or political subdivision may not do any
of the following:
(1) Include information on an identification card or
electronic tracking system regarding whether the holder of
the identification card has received a vaccination against
COVID-19.
(2) Expend funds to develop an electronic tracking
system for an individual who has or has not received a
vaccination against COVID-19.
CHAPTER 60
DISEASE PREVENTION AND CONTROL
SEC.
6001. DUTIES OF SECRETARY OF HEALTH.
§ 6001. DUTIES OF SECRETARY OF HEALTH.
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NOTWITHSTANDING ANY OTHER PROVISION OF LAW, INCLUDING THE ACT
OF APRIL 23, 1956 (1955 P.L.1510, NO.500), KNOWN AS THE DISEASE
PREVENTION AND CONTROL LAW OF 1955, THE SECRETARY OF HEALTH MAY
NOT ORDER OR OTHERWISE REQUIRE A CLOSURE OR ORDER OR OTHERWISE
REQUIRE AN INDIVIDUAL THAT HAS NOT BEEN EXPOSED OR POTENTIALLY
EXPOSED TO A CONTAGIOUS DISEASE TO DO ANY OF THE FOLLOWING:
(1) PHYSICALLY DISTANCE FROM OTHER INDIVIDUALS.
(2) WEAR A UNIVERSAL FACE COVERING.
(3) CONDUCT A SPECIFIC HYGIENIC PRACTICE.
(4) SHELTER IN PLACE, QUARANTINE OR ISOLATE FROM OTHER
INDIVIDUALS.
(5) RESTRICT TRAVEL.
Notwithstanding any other provision of law, including the act
of April 23, 1956 (1955 P.L.1510, No.500), known as the Disease
Prevention and Control Law of 1955, the Secretary of Health may
not do any of the following:
(1) Order or otherwise require a closure.
(2) Order or otherwise require an individual that has
not been exposed or potentially exposed to a contagious
disease to do any of the following:
(i) Physically distance from other individuals.
(ii) Wear a universal face covering.
(iii) Conduct a specific hygienic practice.
(iv) Shelter in place, quarantine or isolate from
other individuals.
(v) Restrict travel.
Section 2. This act shall take effect immediately.
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