WEST VIRGINIA LEGISLATURE
2022 REGULAR SESSION
Introduced
House Bill 4298
By Delegates Conley, Kimble, Mandt, Mazzocchi, G. Ward, McGeehan, Phillips, J. Jeffries, and Pritt
[Introduced January 20, 2022; Referred to the Committee on Health and Human Resources then the Judiciary]
A BILL to amend and reenact §16-3-4b of the Code of West Virginia, 1931, as amended, relating to COVID-19 vaccine mandates.
Be it enacted by the Legislature of West Virginia:
ARTICLE 3. PREVENTION AND CONTROL OF COMMUNICABLE AND OTHER INFECTIOUS DISEASES.
§16-3-4b. Required
exemptions to compulsory immunization against COVID-19 as a condition of
employment; effective date. No COVID-19 vaccine mandates permitted.
(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 such
person receive a COVID-19 immunization or present documentation of immunization
from COVID-19, shall exempt current or prospective employees from such
immunization requirements upon the presentation of one of the following
certifications:
(1) A certification
presented to the covered employer, signed by a physician licensed pursuant to
the provisions of §30-3-1 et seq. or §30-14-1 et seq. of this code or an
advanced practice registered nurse licensed pursuant to the provisions of
§30-7-1 et seq. of this code who has conducted an in person examination of the
employee or prospective employee, stating that the physical condition of the
current or prospective employee is such that a COVID-19 immunization is contraindicated,
there exists a specific precaution to the mandated vaccine, or the current or
prospective employee has developed COVID-19 antibodies from being exposed to
the COVID-19 virus or suffered from and has recovered from the COVID-19 virus;
or
(2) A notarized
certification executed by the employee or prospective employee that is
presented to the covered employer by the current or prospective employee that
he or she has religious beliefs that prevent the current or prospective
employee from taking the COVID-19 immunization.
(b) A covered employer
shall not be permitted to penalize or discriminate against current or
prospective employees for exercising exemption rights provided in this section
by practices including, but not limited to, benefits decisions, hiring, firing,
or withholding bonuses, pay raises, or promotions.
(c) As used in this
section, the following terms shall have the following meaning:
(1) “Covered employer”
shall mean:
(A) The State of West
Virginia, including any department, division, agency, bureau, board,
commission, office or authority thereof, any political subdivision of the State
of West Virginia including, but not limited to, any county, municipality or
school district; or
(B) A business entity,
including without limitation any individual, firm, partnership, joint venture,
association, corporation, company, estate, trust, business trust, receiver,
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.
(2) “COVID-19” shall
mean the respiratory disease caused by a novel coronavirus known as COVID-19.
(3) “Immunization” shall
mean any federally authorized immunization for COVID-19, whether fully approved
or approved under an emergency use authorization.
(d) Any person or
entity harmed by a violation of this section may seek injunctive relief in a
court of competent jurisdiction.
(e) The provisions of
this section shall become effective immediately.
There shall be no mandatory or compulsory COVID-19 vaccine mandates in the State of West Virginia.
NOTE: The purpose of this bill is to ban all COVID-19 vaccine mandates.
Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.