West Virginia Code 16-3-4c – Prohibiting proof of COVID-19 vaccination
(a) As used in this section:
Terms Used In West Virginia Code 16-3-4c
- Department: means the West Virginia Department of Health and Human Resources: Provided, That beginning January 1, 2024, as used in this chapter, "department" and "Department of Health and Human Resources" means the Department of Health. See West Virginia Code 16-1-2
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(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; and
(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 the premises of a state or local government entity, or utilizing services provided by a state or local government entity: Provided, That if any federal law or regulation requires proof of vaccination as a condition of entering the premises, the provisions of this subsection shall not apply: Provided, however, That this prohibition does not apply to any local government-owned facility that is leased to a private entity where the local governmental unit primarily serves as a property owner receiving rental payments.
(c) A hospital may not require proof of vaccination as a condition of entering the premises: Provided, That if any federal law or regulation requires proof of vaccination as a condition of entering the premises, the provisions of this subsection shall not apply.
(d) A state institution of higher education may not require proof of vaccination as a condition of enrollment or for entering the premises: Provided, That if any federal law or regulation requires proof of vaccination as a condition of entering the premises, or if the academic requirements of a particular program cannot be met without vaccination and proof thereof, the provisions of this subsection shall not apply.