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Committee Substitute House Bill 4320 History

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

WEST virginia legislature

2022 regular session

Committee Substitute

for

House Bill 4320

By Delegates Crouse, Keaton, Maynor, Horst, Pinson, Longanacre, Hanna, Worrell, Pritt, Mazzocchi, and Honaker

[Originating in the Committee on Health and Human Resources; reported on February 24, 2022]


 

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-3-14, relating to requiring that a covered employer accept biological immunity for a communicable disease; prohibiting requiring a vaccine if protective antibody level occur; and defining terms

Be it enacted by the Legislature of West Virginia:


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

§16-3-14. Recognizing biological immunity.

(a) A covered employer, as defined in this section, that requires as a condition of continued employment or as a condition of hiring an individual for employment that he or she receive an immunization from a communicable disease shall permit the individual to prove he or she has obtained biologic immunity by having protective antibody levels for the communicable disease before requiring a vaccination.

(b) An individual who has antibodies to a communicable disease may not be required to obtain a vaccine against such communicable disease in which they have protective antibody levels.

(c) “Covered employer” means a business entity, including without limitation any individual, firm, partnership, joint venture, association, corporation, company, estate, trust, business trust, recover, syndicate, club, society, or other group or combination acting as a unit engaged in any business activity in this state, including for-profit or not-for-profit activity, that has employees.

NOTE: The purpose of this bill is to provide a person who has natural immunity from a communicable disease to not obtain a vaccine for the communicable disease.

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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