North Dakota Governor Doug Burgum has signed legislation (HB 1465) that addresses rules pertaining to vaccination status. HB 1465 is effective immediately.
Customers:
House Bill 1465 prohibits an employer from requiring a patron or customer to provide documentation that certifies vaccination or post-transmission recovery in order to gain access to, entry upon, or services from the business. This provision does not apply to a health care provider, including a long-term care provider.
For purposes of House Bill 1465, a vaccination is one that is authorized by the federal Food and Drug Administration pursuant to an emergency use authorization.
Pre-employment:
House Bill 1465 also prohibits a state government entity from requiring employers to obtain physical or electronic documentation, to certify the following before employment:
- An individual's vaccination status;
- The presence of antigens, pathogens or antibodies; or
- An individual's post-transmission recovery status.
Note: Exceptions to this rule exist in sections 15.1 - 23 - 02, 23 - 01 - 05.3 and 23 - 07 - 17.1.
Compliance Recommendations:
North Dakota employers should review their policies and practices and train their supervisors to ensure adherence to House Bill 1465. Please contact your dedicated service professional with any questions.