HB 2358 Creates new provisions relating to COVID-19 vaccination requirements

     Handler: Eslinger

Current Bill Summary

- Prepared by Senate Research -


HCS/HBs 2358 & 1485 - This act creates new provisions relating to COVID-19 vaccination mandates.

ORGAN TRANSPLANT RECIPIENTS AND DONORS

(Section 194.321)

The act prohibits a hospital, physician, procurement organization, or other person from considering the COVID-19 vaccination status of a potential organ transplant recipient or potential organ donor in any part of the organ transplant process.

This provision contains an emergency clause.

REASONABLE ACCOMMODATIONS - VACCINATION MANDATES

(Section 213.055)

The act requires an employer to grant an employee a reasonable accommodation from a COVID-19 vaccination mandate if it is based on the sincerely held religious beliefs of the employee, whether such beliefs are theistic or non-theistic. Reasonable accommodations shall include exemption from vaccination. An employer is not required to grant a reasonable accommodation if doing so, as established by clear and convincing evidence, would cause undue hardship requiring a significant difficulty or expense to the employer and be a direct threat to other employees, customers, clients, patients, or the general public. An employer shall not seek additional supporting information from any source in an effort to supplant the employee's religious beliefs with that of the employer.

The act requires every public body, and employers that contract with the state of Missouri and have employees working within Missouri, to ensure that an employee's sincerely held religious beliefs regarding COVID-19 vaccination mandates are safeguarded and, to the extent permitted by law, make reasonable accommodations from a COVID-19 vaccination mandate, including exemption from vaccination.

This provision contains an emergency clause.

WORKERS' COMPENSATION - OCCUPATIONAL DISEASE

(Section 287.067)

If a COVID-19 vaccination is required or mandated by an employer as a condition of employment, any injury, disability, or death resulting from the vaccination is considered an occupation disease under workers' compensation laws and is compensable if the vaccination was any factor in causing the resulting medical condition, disability, or death. This provision applies to claims arising out of an injury or death that occurred before, on, or after the effective date of this act, but only if the claim was made on or after such date.

UNEMPLOYMENT BENEFITS - MISCONDUCT

(Section 288.030)

The act provides that failure to take any COVID-19 vaccine based on strongly and sincerely held religious beliefs, including theistic and non-theistic beliefs, shall not constitute misconduct for purposes of unemployment benefits. Termination and discharge from employment due to such failure shall not disqualify an employee from unemployment compensation. This provision applies to claims based on termination or discharge that occurred before, on, or after the effective date of this act, but only if the claim was made on or after such date.

VISITATION RIGHTS OF PARENTS

(Section 452.400)

The act prohibits a court from denying or limiting visitation to a parent not granted custody of a child because of the parent's COVID-19 vaccination status, provided that a judge may exercise discretion to deny or limit visitation if the child has a medical condition that places him or her at higher risk of severe illness from COID-19.

SCOTT SVAGERA


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