As used in this title, unless the context otherwise requires: (1) "Acquired immunity" means an acquired specific immune system response to the SARS-CoV-2 virus that is: (A) Acquired naturally as a result of an individual's prior infection with SARS-CoV-2 virus; and (B) Verified by: (i) A letter from a licensed physician; or (ii) Documentation of a laboratory test showing antibody, memory cell, or T cell immunity; (2) "Adverse action" means to: (A) Discriminate against a person by denying the person employment, privileges, credit, insurance, access, products, services, or other benefits; or (B) Discharge, threaten, or otherwise discriminate against an employee in any manner that affects the employee's employment, including compensation, terms, conditions, locations, rights, immunities, promotions, or privileges; (3) "Applicant" means a person who has applied for employment with an employer; (4) "Arising from COVID-19" means caused by or resulting from the actual, alleged, or possible exposure to or contraction of COVID-19, or caused by or resulting from services, treatment, or other actions in response to COVID-19, including, but not limited to: (A) Implementing policies and procedures to prevent or minimize the spread of COVID-19; however, "arising from COVID-19" does not include implementing policies and procedures that violate this title; (B) Testing; (C) Monitoring, collecting, reporting, tracking, tracing, disclosing, or investigating COVID-19 exposure or other COVID-19-related information; (D) Using, designing, manufacturing, providing, donating, or servicing precautionary, diagnostic, collection, or other health equipment or supplies, such as personal protective equipment; (E) Closing or partially closing to prevent or minimize the spread of COVID-19; (F) Delaying or modifying the schedule or performance of any medical procedure; or (G) Providing services or products in response to government appeal or repurposing operations to address an urgent need for personal protective equipment, sanitation products, or other products necessary to protect the public; (5) "COVID-19" means the novel coronavirus, SARS-CoV-2, and coronavirus disease 2019, commonly referred to as COVID-19, including any variant of SARS-CoV-2 or COVID-19; (6) "COVID-19 vaccine" means a substance used to stimulate the production of antibodies and provide protection against COVID-19, prepared from the causative agent of COVID-19, its products, or a synthetic substitute, and treated to act as an antigen without inducing a COVID-19 infection; (7) "Employer" means a person, private business, or governmental entity employing one (1) or more persons within this state; (8) "Face covering" means a protective covering designed to be worn over the nose and mouth to reduce the spread of COVID-19, but "face covering" does not include an industry required mask; (9) "Governmental entity": (A) Means a state department, agency, or political subdivision, including a city, town, municipality, metropolitan government, county, utility district, public building authority, housing authority, emergency communications district, county board of health, a development district created and existing pursuant to the laws of this state, or an instrumentality of government created by one (1) or more local governmental entities; (B) Does not include a school or LEA, as defined in § 49-1-103 ; (C) Does not include an airport authority; (D) Does not include a Medicare or Medicaid certified provider, but only to the extent such provider is subject to a valid and enforceable Medicare or Medicaid condition of participation that imposes a requirement contrary to this title, except a person in a position covered by the definition of emergency medical services personnel in § 68-140-302 ; (E) Does not include an entity operating on property owned, managed, or secured by the federal government, but only to the extent such entity is subject to a valid and enforceable federal requirement contrary to this title; (F) Does not include a healthcare provider enrolled in Medicare or Medicaid that is subject to fines or penalties for nonadherence to federal rules and regulations, but only to the extent such provider is subject to a valid and enforceable Medicare or Medicaid requirement contrary to this title; and (G) Does not include an assisted-care living facility, a home for the aged, a nursing home, or a residential hospice, as those terms are defined in § 68-11-201 ; (10) "Healthcare provider" means a healthcare practitioner, person, or facility licensed, authorized, certified, registered, or regulated under title 33, title 63, title 68, federal law or order, or an executive order of the governor, including but not limited to any employees, agents, or contractors of such a practitioner, person, or facility, and residents, interns, students, fellows, or volunteers of an accredited school or of such school's affiliated teaching or training hospitals or programs in this state; (11) "Industry required mask" means a face covering, protective cover, or prophylactic device designed to be worn over the nose and mouth for a particular industry that may prevent the spread of COVID-19, but that would be used in the particular industry regardless of the risk of exposure to COVID-19; (12) "Legal guardian" means a person or entity that has the legal authority to provide for the care, supervision, or control of a minor as established by law or court order; (13) "Minor": (A) Means a person who has not attained eighteen (18) years of age; (B) Does not include a person who has been emancipated pursuant to title 29, chapter 31; and (C) Does not include a person who is seventeen (17) years of age and is enlisted in the military; (14) "Monoclonal antibodies" means bamlanivimab plus etesevimab, casirivimab plus imdevimab, sotrovimab, or any other anti-COVID-19 monoclonal antibody products that target the spike protein of COVID-19 and are approved or authorized by the federal food and drug administration for use as a treatment or prophylaxis for a COVID-19 infection; (15) "Person" means an individual; (16) "Private business" means a person, sole proprietorship, corporation, limited liability company, partnership, trust, association, nonprofit organization described in § 501(c) of the Internal Revenue Code that is exempt from federal income taxation under § 501(a) of the Internal Revenue Code ( 26 U.S.C. § 501(a) ), or any other legal or non-governmental entity whether formed as a for-profit or not-for-profit entity engaged in business or commerce in this state, but does not include: (A) A school; (B) A Medicare or Medicaid certified provider, but only to the extent such provider is subject to a valid and enforceable Medicare or Medicaid condition of participation that imposes a requirement contrary to this title, except a person in a position covered by the definition of emergency medical services personnel in § 68-140-302 ; (C) A healthcare provider enrolled in Medicare or Medicaid that is subject to fines or penalties for nonadherence to federal rules and regulations, but only to the extent such provider is subject to a valid and enforceable Medicare or Medicaid requirement contrary to this title; or (D) An assisted-care living facility, a home for the aged, a nursing home, or a residential hospice, as those terms are defined in § 68-11-201 , or an entity other than a school, as that term is defined in subdivision (19), that operates a residential congregate living facility, including, but not limited to, a home that provides care for adults with disabilities or traumatic brain injury, a home that provides residential mental health treatment for children or adults, or an alcohol and drug treatment facility; (17) "Proof of vaccination" means physical documentation or digital storage of a person's receipt of a COVID-19 vaccine; (18) "Quarantine" means: (A) The limitation or restriction of a person's freedom of movement or isolation of a person, or preventing or restricting access to premises upon which the person or the cause or source of COVID-19 may be found, for a period of time to prevent the spread of COVID-19; and (B) Limiting or restricting the operation of a private business to prevent the spread of COVID-19; (19) "School" means: (A) A public elementary or secondary school operated by a local education agency or by the state with public funds, including a charter school; (B) A publicly-operated child care agency, as defined in § 71-3-501 ; child care program, as defined in § 49-1-1102 ; preschool; or nursery school; and (C) A public postsecondary educational institution; (20) "School property" means all real property, improvements to real property, and facilities used for school purposes; and (21) "Severe conditions" means: (A) The governor has declared a state of emergency for COVID-19 pursuant to § 58-2-107 ; and (B) A county has an average rolling fourteen-day COVID-19 infection rate of at least one thousand (1,000) new known infections for every one hundred thousand (100,000) residents of the county based on the most recent data published by the department of health. For purposes of this subdivision (21)(B), the number of new cases per one hundred thousand (100,000) persons within the last fourteen (14) days is calculated by adding the number of new cases in the county in the last fourteen (14) days divided by the population in the county by one hundred thousand (100,000).