Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 7 - STATE BOARD OF HEALTH - DEPARTMENT OF HEALTH (§§ 20-7-101 — 20-7-708) › Subchapter 1 - GENERAL PROVISIONS (§§ 20-7-101 — 20-7-146) › Section 20-7-146 - Prohibition on requirement for vaccine or immunization for coronavirus 2019 (COVID-19)

(a)
As used in this section, "coerce" means:
(1)
Using physical violence, threats, intimidation, or retaliation with the purpose of causing a reasonable individual of ordinary susceptibilities to acquiesce when the individual otherwise would not;
(2)
Making conditional a private or public benefit, including without limitation employment, promotion, or another employment benefit, with the purpose of causing a reasonable individual of ordinary susceptibilities to acquiesce when the individual otherwise would not; or
(3)
Using any other means with the purpose of causing a reasonable individual of ordinary susceptibilities to acquiesce when the individual otherwise would not.
(b)
The state, a state agency or entity, a political subdivision of the state, or a state or local official shall not mandate or require an individual to receive a vaccine or immunization for coronavirus 2019 (COVID-19) or any subvariants of coronavirus 2019 (COVID-19), or both.
(c)
Receiving a vaccine or immunization for coronavirus 2019 (COVID-19) or any subvariants of coronavirus 2019 (COVID-19), or both, shall not be a condition of education, employment, entry, or services from the state or a state agency or entity or for obtaining a licensure, certificate, or permit from a state agency or entity.
(d)
The Department of Health shall maintain information and data on any potential risks and harms associated with the administration of the vaccine or immunization for coronavirus 2019 (COVID-19) and any subvariants of coronavirus 2019 (COVID-19), and shall make the information and data publicly available.
(e)
The state, a state agency or entity, a political subdivision of the state, or a state or local official shall not discriminate against or coerce in any way an individual for refusing to receive a vaccine or immunization for coronavirus 2019 (COVID-19) or any subvariants of coronavirus 2019 (COVID-19), or both, including without limitation:
(1)
Coercing an employee into consenting to receive a vaccine or immunization for coronavirus 2019 (COVID-19) or any subvariants of coronavirus 2019 (COVID-19), or both;
(2)
Withholding the opportunity for career advancement from an employee who does not consent to receiving a vaccine or immunization for coronavirus 2019 (COVID-19) or any subvariants of coronavirus 2019 (COVID-19), or both; or
(3)
Withholding a salary, a wage increase, insurance, or insurance discounts from an employee who does not consent to receiving a vaccine or immunization for coronavirus 2019 (COVID-19) or any subvariants of coronavirus 2019 (COVID-19), or both.
(f)
If the state, a state agency or entity, a political subdivision of the state, or a state or local official determines that necessary federal funding is dependent upon an individual in this state receiving a vaccine or immunization for coronavirus 2019 (COVID-19) or any subvariants of coronavirus 2019 (COVID-19), or both, the state, state agency or entity, political subdivision of the state, or state or local official shall receive approval from the Legislative Council to mandate or require the individual to receive a vaccine or immunization for coronavirus 2019 (COVID-19) or any subvariants of coronavirus 2019 (COVID-19), or both, before mandating or requiring an individual to receive a vaccine or immunization for coronavirus 2019 (COVID-19) or any subvariants of coronavirus 2019 (COVID-19), or both.
Added by Act 2023EX1, No. 4,§ 1, eff. 9/14/2023.
Added by Act 2023EX1, No. 10,§ 1, eff. 9/14/2023.