West Virginia Code
Article 3. Prevention and Control of Communicable and Other Infectious Diseases
§16-3-4c. 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 individuals 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.

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