A01603
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.
§ 5901. Legislative policy and declarations.
The General Assembly finds and declares as follows:
(1) None of the vaccines currently used to vaccinate
against COVID-19 are approved medical products by the Federal
Drug Administration and are instead being used under
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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
subdivision.
"Health care facility." As defined in section 103 of the act
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of July 19, 1979 (P.L.130, No.48), known as the Health Care
Facilities Act.
"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.
(a) Prohibition.-- 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.
(b) Applicability.--Subsection (a) shall not apply to a
health care facility administered by a government entity.
CHAPTER 60
DISEASE PREVENTION AND CONTROL
SEC.
6001. DUTIES OF SECRETARY OF HEALTH.
§ 6001. DUTIES OF SECRETARY OF HEALTH.
(a) Prohibition.-- 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:
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(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.
(b) Applicability.--Subsection (a) shall not apply to an
order or a requirement imposed on a health care facility
administered by a government entity.
Section 2. This act shall take effect immediately.
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