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Home Court filings Dr. A. v. Hochul Addendum: State-by-State Survey of Vaccine Mandate Policies — Dr. A v. Hochul (U.S.)

Court filing

Addendum: State-by-State Survey of Vaccine Mandate Policies — Dr. A v. Hochul (U.S.)

Filed November 12, 2021 in Dr A v. Hochul; one of 6 filings from this case.

Record facts

CourtSupreme Court of the United States
Filed2021-11-12

Full text

ADDENDUM 
 
 
 

1 
Links to Applicable State Orders and  
Guidance Documents on COVID-19 Vaccine Mandates  
for Private-sector Healthcare Employees 
STATE 
STATUS 
SOURCES 
Alabama 
 
No vaccine mandate for 
healthcare workers as of 
November 10, 2021 
EO No. 724 (Oct. 25, 2021)  
https://perma.cc/NEC6-RQ9N 
 
Alaska 
No vaccine mandate for 
healthcare workers as of 
November 10, 2021 
Administrative Order No. 325 (Nov. 2, 2021) 
https://perma.cc/PTG2-CHQV 
Arizona 
No vaccine mandate for 
healthcare employees but 
permits healthcare 
institutions to require 
vaccination as of November 
10, 2021; state law permits 
religious exemptions 
EO No. 2021-19 (Oct. 7, 2021)  
https://perma.cc/9R37-3HHR (noting that “a health 
care institution … may require the institution’s 
employees to be vaccinated”) 
 
Ariz. Rev. Stat. § 23-206  
https://perma.cc/7BCU-Q3R8 (allowing religious 
exemptions) 
Arkansas 
No vaccine mandate for 
healthcare workers as of 
November 10, 2021 
EO No. 21-14 (July 29, 2021)  
https://perma.cc/5YQK-VLMW (containing no vaccine 
mandate for private-sector healthcare employees) 
 
H.B. 1547 (Apr. 28, 2021)  
https://perma.cc/KG29-RP2P (“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).”) 
 
H.B. 1977 (Oct. 13, 2021)  
https://perma.cc/4QCQ-WQQP (allowing negative test 
and proof of immunity as alternative to vaccination) 
California 
Allows religious exemptions 
Department of Public Health, Adult Care 
Facilities & Direct Care Worker Vaccine 
Requirement (Sept. 28, 2021) 
https://bit.ly/3n3q2UV (permitting religious 
exemptions for workers who provide the employer 
with a signed declination form “declining vaccination 
based on the Religious Beliefs”) 
Colorado 
Allows religious exemptions 
6 Colo. Code Regs. § 1011-1, Chapter 2 
https://perma.cc/64DP-GS6B (allowing healthcare 

2 
facilities to “seek a waiver of the 100% vaccination 
requirement … on the basis that one or more 
individuals have claimed a religious exemption”) 
Connecticut 
Allows religious exemptions 
EO No. 13F (Sept. 3, 2021)  
https://perma.cc/7ZSY-3NDC (granting exemptions for 
healthcare workers who object to vaccination “on the 
basis of a sincerely held religious or spiritual belief” 
and “is able to perform his or her essential job 
functions with a reasonable accommodation that is 
not an undue burden”) 
Delaware 
Allows “regular testing” as 
an alternative to vaccination 
Emergency Secretary’s Order (16 DE Admin. Code 
4407 Hospital Standards) (Sept. 10, 2021) 
https://perma.cc/TL4C-EP4H 
District of 
Columbia 
Allows religious exemptions 
Mayor’s Order 2021-099 (Aug. 10, 2021) 
https://perma.cc/EH26-3S4Q 
 
Executive Office of the Mayor, News  
(Aug. 16, 2021)  
https://perma.cc/XL5D-SEUR (noting that “Health 
care professionals may be exempt due to religious 
beliefs or medical conditions”) 
Florida 
No vaccine mandate as of 
November 10, 2021 
Office of the Governor, Proclamation  
(Oct. 29, 2021)  
https://perma.cc/U252-V6CD (urging the state 
legislature to “[p]rotect current and prospective 
employees against unfair discrimination on the basis 
of COVID-19 vaccination status”) 
Georgia 
No vaccine mandate as of 
November 10, 2021 
EO No. 06.30.21.01 (Oct. 21, 2021) 
https://perma.cc/34UA-88NR 
 
Office of the Governor, Press Release  
(Nov. 5, 2021)  
https://perma.cc/8S4H-7ENC (describing the federal 
vaccine mandate as “unlawful”) 
 
EO No. 03.14.20.01 (May 25, 2021) 
https://perma.cc/V84S-T8M2 (prohibiting state 
agencies, providers of state services, and state 
properties from requiring “an individual to provide 
proof of COVID-19 vaccination as a condition 
to … enjoy any other rights or privileges provided by 
the State”) 

3 
Hawaii 
No vaccine mandate for 
private healthcare workers 
As of November 10, 2021 
EO No. 21-07 (Sept. 8, 2021)  
https://perma.cc/ED4U-8L5P (requiring all 
contractors and visitors at state facilities to provide 
verification of vaccination or produce negative 
COVID-19 test result) 
 
Office of the Governor, Emergency 
Proclamation (Aug. 5, 2021) 
https://perma.cc/TD7A-RUVL 
Idaho 
No vaccine mandate as of 
November 10, 2021 
Office of the Governor, Press Release  
(Nov. 4, 2021)  
https://perma.cc/K8LP-W3B5 (criticizing the federal 
vaccine mandate) 
 
Office of the Attorney General, Letter  
(Sept. 17, 2021)  
https://perma.cc/2NUL-EWRE (opposing the federal 
vaccine mandate) 
Illinois 
Allows religious exemptions 
EO No. 88 (Sept. 3, 2021)  
https://perma.cc/Y5ES-D79C. 
Indiana 
No vaccine mandate for 
private-sector healthcare 
employees as of November 
10, 2021 
EO No. 21-29 (Oct. 29, 2021)  
https://perma.cc/8V7G-YRG5 (latest executive order 
relating to COVID-19 contains no vaccine mandate) 
 
H.B. 1405 (Apr. 29, 2021) 
http://iga.in.gov/documents/10fa90a9 (prohibiting “the 
state or a local unit” from issuing or requiring “an 
immunization passport”) 
Iowa 
No vaccine mandate as of 
November 10, 2021 
Proclamation of Disaster Emergency  
(Oct. 15, 2021)  
https://perma.cc/4LRG-RU94 (latest emergency 
proclamation relating to COVID-19 contains no 
vaccine mandate) 
Kansas 
No vaccine mandate as of 
November 10, 2021 
EO No. 21-23 (June 14, 2021)  
https://perma.cc/82FT-ESGR (latest executive order 
relating to COVID-19 contains no vaccine mandate) 
Kentucky 
No vaccine mandate for 
private-sector healthcare 
employees as of November 
10, 2021 
Office of the Governor (Aug. 2, 2021) 
https://perma.cc/MNA4-385E (requiring vaccination 
for contractors and state employees working in state-
operated health care facilities but permitting those 
with religious or medical exemptions to be tested “at 
least twice weekly” as an alternative to vaccination) 

4 
Petition for Review for the Commonwealth of 
Kentucky et al. (Nov. 5, 2021) 
https://perma.cc/2SB2-4FYE (challenging the federal 
vaccine mandate) 
Louisiana 
No vaccine mandate as of 
November 10, 2021 
EO No. 204 JBE 2021 (Oct. 26, 2021) 
https://perma.cc/2P6M-KX4E (latest executive order 
relating to COVID-19 contains no vaccine mandate) 
Maine 
No religious exemptions 
Immunization Requirements for Healthcare 
Workers (Nov. 10, 2021)  
https://perma.cc/GEH4-AFAT (requiring certain 
healthcare workers to receive COVID-19 vaccine but 
permits medical exemptions); 
 
Office of Governor (Aug. 12, 2021) 
https://perma.cc/CKM4-7JT2 (announcing that the 
state “will require health care workers in Maine to be 
vaccinated against COVID-19”) 
Maryland 
Allows weekly testing as an 
alternative to vaccination 
Dep’t of Health Order No. 2021-08-18-01  
(Aug. 18. 2021)  
https://perma.cc/75D7-Z3LX 
Massachusetts 
Allows religious exemptions 
Emergency Order No. 2021-4 (Aug. 4, 2021) 
https://perma.cc/B2BJ-RAGD (permitting exemptions 
to those who “object[] to vaccination on the basis of a 
sincerely held religious belief” and “is able to perform 
their essential job functions with a reasonable 
accommodation”) 
Michigan 
No vaccine mandate for 
healthcare workers as of 
November 10, 2021 
S.B. 82 (Sept. 29, 2021)  
https://perma.cc/VYT9-684D (prohibiting state 
entities from requiring proof of COVID-19 vaccination 
as a condition of employment; does not apply to 
healthcare entities that receive federal Medicare or 
Medicaid funding) 
Minnesota 
No vaccine mandate for 
private-sector healthcare 
employees as of November 
10, 2021 
EO No. 21-24 (June 14, 2021)  
https://perma.cc/2VNY-R6DT (latest executive order 
relating to COVID-19 contains no vaccine mandate) 
 
Office of the Governor, News Updates  
(Aug. 11, 2021)  
https://bit.ly/3BYyLMk (announcing that state 
government employees will be required to show proof 
of vaccination or participate in weekly testing) 
Mississippi 
No vaccine mandate for 
private-sector healthcare 
EO No. 1522 (Sept. 20, 2020)  
https://perma.cc/63VA-YF3U (latest executive order 

5 
employees as of November 
10, 2021 
relating to COVID-19 contains no vaccine mandate for 
private-sector healthcare employees) 
 
State Health Officer’s Order (June 30, 2021) 
https://perma.cc/MMV2-2KQ8 (requiring healthcare 
workers of Mississippi nursing homes and assisted 
living facilities to either be vaccinated or receive 
COVID-19 testing two times a week) 
Missouri 
No vaccine mandate as of 
November 10, 2021 
EO No. 21-10 (Oct. 28, 2021)  
https://perma.cc/FU6M-D2RC (prohibiting state 
entities from compelling “any individual to receive the 
COVID-19 vaccine pursuant to federal vaccine 
mandate where such individual objects by reason of 
sincerely held religious belief or for medical reasons”) 
Montana 
No vaccine mandate as of 
November 10, 2021 
H.B. 702 (July 1, 2021)  
https://perma.cc/E4J4-LABL (prohibiting employers 
from discriminating a person from employment based 
on vaccination status; “A licensed nursing home, long-
term care facility, or assisted living facility is exempt” 
from this prohibition if compliance “would result in a 
violation of regulations or guidance issued by the 
centers for medicare and medicaid services or the 
centers for disease control and prevention”) 
Nebraska 
No vaccine mandate as of 
November 10, 2021 
Office of the Governor, Weekly Column  
(Sept. 21, 2021)  
https://perma.cc/88H2-3QGU (condemning the federal 
vaccine mandate) 
Nevada 
No vaccine mandate for 
private-sector healthcare 
employees as of November 
10, 2021 
Emergency Regulation of the Board of Health 
(Sept. 10, 2021)  
https://perma.cc/KF65-S5Q7 (requires vaccination for 
employees in state-run health care facilities but 
permits “religious or medical accommodation”) 
New 
Hampshire 
No vaccine mandate for 
private-sector healthcare 
employees as of November 
10, 2021 
Petition for Review for the State of New 
Hampshire et al. (Nov. 5, 2021)  
https://perma.cc/E9D3-MMM7 
 
Office of the Governor, Press Release  
(Sept. 13, 2021)   
https://perma.cc/CU5V-PZFG (condemning the federal 
vaccine mandate) 
New Jersey 
Allows healthcare 
employees to receive regular 
testing as an alternative to 
vaccination 
EO No. 252 (Aug. 6, 2021)  
https://perma.cc/H4LU-4KKN (requiring healthcare 
workers seeking religious exemptions to “submit to 

6 
COVID-19 testing at minimum one to two times 
weekly”) 
New Mexico 
Allows religious exemptions 
Department of Health, Public Health Order 
(Aug. 17, 2021)  
https://perma.cc/8MK5-QR8G 
New York 
No religious exemptions 
Emergency Rule (Aug. 26, 2021) 
https://perma.cc/UT4L-GZWY 
North 
Carolina 
No vaccine mandate for 
private-sector healthcare 
workers as of November 10, 
2021 
EO No. 236 (Oct. 4, 2021)  
https://perma.cc/HE79-F247 
 
EO No. 224 (July 29, 2021)  
https://perma.cc/WNU9-MMPX (“strongly 
encourag[ing]” private businesses to require 
employees to verify that they are fully vaccinated or 
wear coverings and receive weekly testing) 
North Dakota 
No vaccine mandate as of 
November 10, 2021 
Office of the Governor, News (Nov. 5, 2021) 
https://perma.cc/W2A6-8CKG (condemning the federal 
vaccine mandate on private businesses) 
 
EO No. 2021-09 (Apr. 30, 2021) 
https://perma.cc/3ETY-Y33B (latest executive order 
relating to COVID-19 contains no vaccine mandate) 
Ohio 
No vaccine mandate as of 
November 10, 2021 
Ohio Attorney General, News Releases  
(Nov. 5, 2021)  
https://perma.cc/R2PA-KCKW (challenging the federal 
vaccine mandate for private-sector employees) 
Oklahoma 
No vaccine mandate as of 
November 10, 2021 
Petition for Review for the State of Oklahoma et 
al. (Nov. 5, 2021)  
https://perma.cc/7S4S-96U8 (challenging the federal 
vaccine mandate for private-sector employees) 
 
Office of the Governor, Newsroom (Nov. 5, 2021)  
https://perma.cc/V524-7FEY (criticizing the federal 
vaccine mandate) 
Oregon 
Allows religious exemptions 
Secretary of State, Rule 333-019-1010 
https://perma.cc/Z9TU-XJL6 
Pennsylvania 
No state-wide vaccine 
mandate for private-sector 
healthcare employees as of 
November 10, 2021 
Office of the Governor, Press Release  
(Aug. 10, 2021)  
https://perma.cc/J9NC-9JMN (requiring employees in 
“state health care facilities and high-risk congregate 
care facilities” to be fully vaccinated or otherwise 

7 
undergo weekly testing) 
 
City of Philadelphia, Posts (Aug. 13, 2021) 
https://perma.cc/CNH7-URG3 (requiring all 
healthcare workers to receive the COVID-19 vaccine 
“unless they have a religious or medical exemption”) 
Rhode Island 
No religious exemptions 
216-20-15 R.I. Code R. § 8 (Aug. 17, 2021) 
https://perma.cc/GP3M-UKYD 
South 
Carolina 
No vaccine mandate as of 
November 10, 2021 
EO No. 2021-38 (Nov. 4, 2021)  
https://perma.cc/3S77-RG6D (prohibiting state cabinet 
agencies from requiring COVID-19 vaccine as a 
condition of employment and compelling or penalizing 
individuals or businesses for failing to comply with 
federal COVID-19 vaccine mandate) 
South Dakota 
No vaccine mandate as of 
November 10, 2021 
EO No. 2021-14 (Oct. 27, 2021) 
https://perma.cc/J8W2-MJUA (protecting state 
employees from federal vaccine mandates by 
permitting medical and religious exemptions) 
 
Petition for Review for the State of South 
Dakota et al. (Nov. 5, 2021)  
https://perma.cc/3BPG-M3J9 (challenging the federal 
vaccine mandate) 
Tennessee 
No vaccine mandate as of 
November 10, 2021 
EO Nos. 90 & 91 (Nov. 5, 2021) 
https://perma.cc/TT8P-FJRT; https://perma.cc/MF32-
7RGF (containing no vaccine mandate) 
 
H.B. 13 (May 25, 2021)  
https://perma.cc/UQY9-NEBR (prohibiting 
government entities from forcing, requiring, or 
coercing a person to receive COVID-19 vaccine) 
Texas 
No vaccine mandate as of 
November 10, 2021 
EO No. GA-40 (Oct. 11, 2021) 
https://perma.cc/FH5W-YBM5 (“No entity in Texas 
can compel receipt of a COVID-19 vaccine by any 
individual … who objects to such vaccination for any 
reason of personal conscience, based on a religious 
belief, or for medical reasons … .”) 
Utah 
No vaccine mandate as of 
November 10, 2021 
Petition for Review for the State of Utah et al. 
(Nov. 5, 2021)  
https://perma.cc/HXV5-DB8Q (challenging the federal 
vaccine mandate) 
 
H.B. 308, Utah Code § 26-68-101 
https://perma.cc/5U6L-YV5B (banning vaccine 

8 
mandates for state government employees but does 
not apply to state public health and healthcare 
employees) 
Vermont 
No vaccine mandate for 
private-sector healthcare 
employees as of November 
10, 2021 
Office of the Governor, Press Release  
(Sept. 8, 2021)  
https://perma.cc/A2VR-Z6HM (requiring all state 
employees to “attest they are vaccinated or be subject 
to at least weekly testing and mandatory masking at 
work”) 
Virginia 
No vaccine mandate for 
private-sector healthcare 
employees as of November 
10, 2021 
Executive Directive No. 18 (Aug. 5, 2021) 
https://perma.cc/7PQW-LU2L (requiring state workers 
to receive vaccination, or alternatively, receive weekly 
testing and wear a mask) 
Washington 
Allows religious exemptions 
Proclamation by the Governor 21-14  
(Aug. 9, 2021)  
https://perma.cc/L59C-NJND 
West Virginia 
No vaccine mandate as of 
November 10, 2021 
H.B. 335 (Oct. 20, 2021) 
https://perma.cc/7QLB-JMQC (permitting medical and 
religious exemptions to any vaccine mandates by state 
or private employer) 
Wisconsin 
No vaccine mandate for 
private-sector healthcare 
employees as of November 
10, 2021 
State Government Employee/Supervisor 
Guidance (Sept. 14, 2021) 
https://perma.cc/99E5-M3UC (requiring state 
employees, interns, and contractors to be tested 
weekly; exempting individuals who are fully 
vaccinated and submit vaccination status) 
Wyoming 
No vaccine mandate as of 
November 10, 2021 
Office of the Governor, News Releases  
(Nov. 5, 2021)  
https://perma.cc/DYM6-B8NH (announcing the state’s 
challenge against the federal vaccine mandate)

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