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§ 16-3-4c — West Virginia Law | CourtGPT
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  4. Chapter 16 - Public Health/
  5. Article 3 - Prevention and Control of Communicable and Other Infectious Diseases§16-3-2. Powers of County and Municipal Boards of Health to Establish Quarantine; Penalty for Violation/
  6. § 16-3-4c
West Virginia Legal Code

§ 16-3-4c

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(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

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.