Requires entities to accept confirmation of prior COVID-19 infection or protective immune response against COVID-19 when proof of vaccination is required.

A4781

ASSEMBLY, No. 4781

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 19, 2026

Sponsored by:

Assemblyman� GREGORY P. MCGUCKIN

District 10 (Monmouth and Ocean)

SYNOPSIS

���� Requires entities to accept confirmation of prior
COVID-19 infection or protective immune response against COVID-19 when proof of
vaccination is required.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning coronavirus disease 2019 vaccine
requirements and supplementing Title 10 of the Revised Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� The Legislature finds
and declares:

���� a.���� Some scientific studies
have suggested that people with SARS-CoV-2 antibodies, which is a sign of prior
SARS-CoV-2 infection, are at a lower risk for future infection with SARS-CoV-2;

���� b.��� Based on those
observations, it appears that SARS-CoV-2 antibodies offer a degree of
protection against being reinfected with the SARS-CoV-2 virus;

���� c.���� As society returns to a
sense of normalcy following the COVID-19 pandemic lockdown and COVID-19 vaccine
rollout, proof of vaccination against SARS-CoV-2 is becoming a requirement for
many workplaces and public venues;

���� d.��� These vaccination
requirements typically bar individuals from participating in many necessary
social and economic activities unless the individual receives the COVID-19
vaccine.� Although many of these requirements allow routine testing for
COVID-19 as an alternative to vaccination to those who cannot be vaccinated or
who are reluctant to be vaccinated out of health concerns or based on the
individual�s personal preferences or beliefs, routine testing is a burdensome
process;

���� e.� Legislation is therefore
necessary to provide individuals, who have recovered from COVID-19, stimulated
their immune system, and developed antibodies, as well as other protective
immune responses, to SARS-CoV-2, with an alternative method of confirming the
individual�s health information concerning SARS-CoV-2; and

���� f.���� It is the intent of the
Legislature to reduce discrimination based on vaccination status and to ensure
that all individuals, including those who have recovered from a SARS-CoV-2
infection and developed a natural immunity, are entitled
to the exercise of any privilege or right granted under
State or federal law, including the ability to obtain and maintain employment
and to access places of public accommodation
.

���� 2.��� a.� As used in this
act:�

���� �COVID-19� means the
coronavirus disease 2019 caused by the SARS-CoV-2 virus.

���� �Department� means Department
of Health.

���� b.��� Any entity that requires
proof of vaccination against SARS-CoV-2 as a condition of employment with the
entity, as a condition of receiving services from or through the entity, as a
condition of admission to the entity�s premises, or as a condition of participating
in an activity sponsored by the entity, shall accept any individual�s
confirmation of a prior SARS-CoV-2 infection or a protective immune response
against SARS-CoV-2 in lieu of providing proof of vaccination against COVID-19.�
Such confirmation shall be accepted as equal to any proof of vaccination
required by the entity.

���� c.���� Such confirmation of a
prior SARS-CoV-2 infection or a protective immune response against SARS-CoV-2
shall only be provided voluntarily by an individual.� An entity may accept an
individual�s confirmation verbally.

���� d.��� An individual providing
confirmation of a prior SARS-CoV-2 infection or a protective immune response
against SARS-CoV-2 shall have the same terms of employment and shall be
provided with the same level of access to the premises, services, and
activities of the entity, as the entity provides to an individual who submits proof
of vaccination against COVID-19.

���� e.���� The provisions of this
section shall apply to entities that include, but are not limited to, preschool
programs, elementary or secondary schools, colleges, universities, or any other
institutions of education.

���� f.���� Nothing in this act
shall be construed to conflict with any federal law, rule, regulation, or
executive order concerning COVID-19.

���� 3.��� The Commissioner of Health
shall adopt rules and regulations, pursuant to the �Administrative Procedure
Act,� P.L.1968, c.140 (C.52:14B-1 et seq.), as may be necessary to effectuate
the provisions of this act.

���� 4.��� This act shall take
effect immediately.

STATEMENT

���� This bill requires any entity
that requires proof of vaccination against SARS-CoV-2 as a condition of
employment with the entity, as a condition of receiving services from or
through the entity, as a condition of admission to the entity�s premises, or as
a condition of participating in an activity sponsored by the entity, to accept
any individual�s confirmation of a prior SARS-CoV-2 infection or a protective
immune response against SARS-CoV-2 in lieu of providing proof of vaccination
against COVID-19.� This confirmation will be accepted as equal to any proof of
vaccination required by an entity.� Confirmation of a prior SARS-CoV-2
infection or a protective immune response against SARS-CoV-2 is to only be
provided voluntarily.� An entity may accept an individual�s confirmation
verbally.� An individual providing such confirmation is to have the same terms
of employment and be provided with the same level of access to the premises,
services, and activities of the entity, as the entity provides to an individual
who submits proof of vaccination against COVID-19.� Nothing in this bill is to be
construed to conflict with any federal law, rule, regulation, or executive
order concerning COVID-19.

���� The provisions of the bill
will apply to facilities that include, but are not limited to, preschool
programs, elementary or secondary schools, colleges, universities, or any other
institutions of education.

���� It is the sponsor�s intent
that this legislation will prevent individuals, who have recovered from a prior
SARS-CoV-2 infection and developed a natural immunity to COVID-19, from being
compelled to receive a COVID-19 vaccine and discriminated against in workplaces
and public venues based on vaccination status.� This legislation is not to be
construed as promoting the establishment of a vaccine passport system.�
However, in order to conform to existing State and federal policy, proof of
vaccination status may be required under certain circumstances.� The sponsors
prefer that, when such proof is required, simple verbal acknowledgment of
natural immunity be sufficient to satisfy proof of vaccine requirements.