WEST VIRGINIA LEGISLATURE

2025 REGULAR SESSION

Introduced

House Bill 3384

By Delegates Kimble, Anders, Mazzocchi, McGeehan, White, Street, Phillips, Butler, Coop-Gonzalez, Foggin, and T. Howell

[Introduced March 14, 2025; referred to the Committee on Health and Human Resources]

A BILL to amend of the Code of West Virginia, 1931, as amended, by adding a new section, designated §18B-4-11, relating to prohibiting vaccine mandates at higher education institutions; defining terms; prohibiting vaccine mandates of higher education institutions; prohibiting incentives for receiving vaccines; providing that vaccines may be offered at no cost; requiring informed consent for vaccines or immunizations provided on premises of higher education institution; allowing severability; and providing an effective date.

Be it enacted by the Legislature of West Virginia:

ARTICLE 4. General administration. §18B-4-11.  Prohibition on higher education vaccine mandates.

(a) The purpose of this act is to ensure that students, faculty, and staff have the right to make personal health decisions regarding vaccinations at state higher education institutions.

(b) Definitions.

(1) For the purposes of this act:

(A) "Higher education institution" refers to any public or private institution that offers postsecondary education, including universities, colleges, and community and technical colleges operating under Chapter 18B of this code.

(B) "Vaccine mandate" refers to any legal requirement or policy that mandates individuals receive a vaccine as a condition for enrollment, employment, or participation in any campus activities or services.

(C) "Vaccination" refers to the administration of a vaccine designed to prevent a particular disease or illness, as approved by public health authorities.

(c) No higher education institution shall impose a vaccine mandate on its students, faculty, or staff as a condition of enrollment, employment, or participation in any educational activity or service provided by the institution.

(d) No higher education institution shall offer any reward, monetary or otherwise, as an incentive to its students, faculty, or staff for receiving a vaccination, immunization, or any medical procedure.  

(e) Higher education institution may offer to students, faculty, or staff, vaccinations or immunizations, free of charge: Provided, That any vaccines administered on the premises of a higher education institution shall be provided with informed consent.   

(f) Students, faculty, and staff shall not be denied access to educational programs, services, or employment opportunities based solely on their decision to opt out of vaccination.

(g) If any provision of this section is held invalid, the remainder of the provisions shall not be affected.

(h) This act shall take effect immediately upon passage.  

NOTE: The purpose of this bill is to prohibit vaccine mandates at all institutions of higher education.

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