Missouri House Third Reads COVID Legislation
On Tuesday, Feb. 22, the Missouri House third read and passed HB 1686, sponsored by Rep. Bill Hardwick (R-Waynesville) and Rep. David Evans’ (R-West Plains) HBs 2358 & 1485. The bills pertain to COVID vaccine requirements and allowances.
Under HB 1686, no public entity or person as described by the legislation may require for employment a COVID-19 vaccination or condition any “action, benefit, consequence, service, enrollment, or other thing of value” on a person's COVID-19 vaccination status. In addition, an employee is exempt from an employer's requirement to receive medical treatment, as defined in the bill, and free from adverse action if the employee claims a “religious or conscientious objection,” received a recommendation from a licensed physician not to receive the required medical treatment, or if there is an available alternative to the required medical treatment sufficient to ensure the “reasonable safety of other employees and customers” with whom the employee interacts. Two amendments were added on the floor during the House’s lengthy discussion on the legislation over several days which would:
- Exempt from the prohibition health facilities that must have a COVID-related requirement to participate in federal programs.
- Prohibit a court from denying or limiting visitation to “a parent not granted custody of a child” because of the parent’s COVID vaccination status. An exemption is provided that allows a judge discretion if the child has a medical condition that places them at higher risk of severe illness from COVID.
HBs 2358 & 1485 require an employer, unless clear and convincing evidence proves it would cause undue hardship to the employer, to make reasonable accommodations from a COVID-19 vaccine mandate for an employee if the employee requests one based on sincerely held beliefs. In addition, when a COVID-19 vaccination is required by an employer as a condition of employment, “any injury, disability, or death resulting from the vaccine is considered an occupational disease and is compensable if the vaccine was any factor in causing the injury, disability, or death.”
The bill also includes language regarding visitation. An amendment was added to the bill that says no “hospital, physician, procurement organization, or other person shall consider the COVID-19 vaccination status of a potential organ transplant recipient or potential organ donor in any part of the organ transplant process.”
Both bills will now be sent to the Senate for committee referral and consideration.
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