(1) An institution of higher education and the board described in Section 53H-1-102 may not require proof of vaccination as a condition for enrollment or attendance unless the institution allows for the following exemptions: (a) a medical exemption if the student provides to the institution a statement that the claimed exemption is for a medical reason; and (b) a personal exemption if the student provides to the institution a statement that the claimed exemption is for a personal or religious belief. (2) An institution that offers both remote and in-person learning options may not deny a student who is exempt from a requirement to receive a vaccine under Subsection (1) to participate in an in-person learning option based upon the student's vaccination status. (3) (a) For purposes of this Subsection (3), "face covering" means the same as that term is defined in Section 53G-9-210. (b) An institution of higher education and the board described in Section 53H-1-102 may not require an individual to wear a face covering to attend or participate in in-person instruction, institution-sponsored athletics, institution-sponsored extracurricular activities, in dormitories, or in any other place on a campus of an institution within the system of higher education at any time after the end of the spring semester in 2021. (4) Subsections (1), (2), and (3) do not apply to a student studying in a medical setting at an institution of higher education if the institution of higher education provides the student the same rights under Title VII of the Civil Rights Act to seek an exemption from a vaccination mandate or face covering mandate as the institution of higher education provides to a health care professional employed by the institution of higher education. (5) Nothing in this section restricts a state or local health department from acting under applicable law to contain the spread of an infectious disease. Renumbered and Amended by Chapter 8, 2025 Special Session 1
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