H259 - 2023 Appropriations Act. (SL 2023-134)

Overview: Section 5.8 of S.L. 2023-134 creates several new statutes (G.S. 143-162.10, G.S. 130A-158.3, G.S. 153A-465, and G.S. 160A-499.10) that prohibit State agencies, local governments, and political subdivisions from discriminating against individuals based on their refusal to provide proof of, or to submit to, a COVID-19 vaccination, unless the vaccine is required for employees in a facility certified by federal Centers for Medicare and Medicaid Services (CMS), is required for employees as a condition of an entity receiving federal funding, or is required for employees of the Department of Health and Human Services, Division of State Operated Healthcare Facilities. For purposes of this section, "COVID-19" is defined as the coronavirus disease of 2019.

The section also amends the immunization requirement statute (G.S. 130A-152) to prohibit the Commission for Public Health, public school units, community colleges, and constituent institutions of The University of North Carolina from requiring a student to provide proof of a COVID-19 vaccination or to submit to a COVID-19 vaccination or series of vaccinations unless the requirement for vaccination or proof of vaccination is required for participation in a program of study, or fulfilling education requirements pertaining to working, volunteering, or training, in a facility certified by the Centers for Medicare and Medicaid Services.

This section became effective January 1, 2024.