WEST virginia legislature

2022 regular session

Committee Substitute

for

House Bill 4625

By Delegate Summers

[Originating in the Committee on Health and Human Resources; reported on February 17, 2002]

A BILL to amend and reenact §16-3-4b of the Code of West Virginia, 1931, as amended, relating to COVID-19 immunization exemption requirements; defining terms; and specifying terminology.

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.

(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 sincerely held religious beliefs that prevent the current or prospective employee from taking the COVID-19 immunization.

(b) A covered employer shall may 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 means:

(A) (1) 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) (2) 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.

(3) “Covered employer” does not include any Medicare or Medicaid-certified facilities which are subject to enforceable federal regulations contrary to the requirements of this section.

(2) “COVID-19” shall mean means the same as that term is defined in §55-19-3 of this code;

(3) “Immunization” shall mean means 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.

(f) Pursuant to §2-2-10 of this code, if any provision of this section or the application thereof to any person or circumstance is held unconstitutional or invalid, such unconstitutionality or invalidity shall not affect other provisions or applications of the section, and to this end the provisions of this section are declared to be severable.

NOTE: The purpose of this bill is to remove Medicare or Medicaid-certified facilities from COVID-19 immunization exemption requirements.

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