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Introduced Version House Bill 4012 History

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Key: Green = existing Code. Red = new code to be enacted

WEST VIRGINIA LEGISLATURE

2022 REGULAR SESSION

Introduced

House Bill 4012

By Delegates Horst, J. Jeffries, Steele, Conley, Crouse, Maynor, G. Ward, Worrell, Foster, Dean, and Nestor

[Introduced January 24, 2022; Referred to the Committee on Health and Human Resources then the Judiciary]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-3-4b, relating to prohibiting the showing of proof of a COVID-19 vaccination.

Be it enacted by the Legislature of West Virginia:


ARTICLE 3. PREVENTION AND CONTROL OF COMMUNICABLE AND OTHER INFECTIOUS DISEASES.

§16-3-4b.  Prohibiting proof of COVID-19 vaccination.

(a) As used in this section:

(1) “COVID-19” has the same definition as provided in §55-19-3 of this code;

(2) “Hospital” has the same definition as provided in §16-5B-1 of this code;

(3) “Immunization” has the same definition as provided in §55-19-3 of this code;

(4) “Proof of vaccination” means physical documentation or digital storage of protected health information related to an individual’s immunization or vaccination against COVID-19;

(5) “State institution of higher education” has the same meaning as provided in §18B-1-2 of this code.

(b) A state or local governmental official, entity, department, or agency may not require proof of vaccination as a condition of entering upon the premises of a state or local government entity, or utilizing services provided by a state or local government entity.

(c) A hospital may not require proof of vaccination as a condition of entering upon the premises.

(d) A state institution of higher education may not require proof of vaccination as a condition of entering upon the premises.

(e)  A person harmed by a violation of this section may seek injunctive relief in a court of competent jurisdiction. Neither party may be required to pay the other party's attorney's fees.

 

NOTE: The purpose of this bill is to prohibit an entity from requiring the showing of a COVID-19 vaccination to enter a hospital, state institution of higher education or a state or local governmental office, entity, department, or agency.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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