A bill that allows employees to have medical and religious exemptions against employer-mandated Covid-19 vaccinations has passed the West Virginia House of Delegates.
The bill, House Bill 335, was passed by a 68-30 vote on Friday, Oct. 15, following a lengthy debate. As of this writing, the similar Senate Bill 3035 has been referred to the Senate Rules Committee.
In order for an employee to receive medical exemptions, they must provide certification from a medical professional that the vaccine should not be administered due to medical reasons, that the employee has already recovered from the Coronavirus or has developed Covid-19 antibodies.
Additionally, employees may provide a notarized certification that he or she has religious beliefs that prevent them from “taking the Covid-19 immunization,” the bill states.
The bill continues that any “covered employer shall not be permitted to penalize or discriminate against current or prospective employees for exercising exemption rights.” Employees are given the right to “seek injunctive relief” through the court system if they have been “harmed by a violation” of this bill.
Delegate Brandon Steele (R-Raleigh, 29) spoke passionately in favor of the bill before its passage.
“I believe in personal choice and personal freedom,” Steele said. He added that the bill is about “being free to work your job, raise your family and not be subject to somebody walking up to you and saying “Where’s your papers?”
“That’s not the America I want to live in,” Steele continued. “The America I want to live in—I could drop this card right in the trash and it wouldn’t matter, because you have your freedom to be you and I have my freedom to be me. I decide what goes into my body and I decide what goes into my kid’s body.”
Heather Tully (R-Nicholas, 41), who has worked for years in healthcare and is now a certified nurse practitioner, said that she supported bill passage.
“Patients should be treated as unique individuals,” Tully said. She added that vaccine hesitancy concerns are a “legitimate fear” for some, including pregnant women, those with clotting disorders and those who have undergone in-vitro fertilization.
She continued that denying employment in an already shorthanded hospital workforce isn’t the best way to “provide care for residents of our state.”
Delegates who spoke against passage of the bill offered multiple reasons why the bill should not move forward, including the argument by Del. Danielle Walker (D-Monongalia, 51) that she didn’t want to see anyone suffer in the ICU of their local hospital while being treated by unvaccinated employees.
Additionally, Del. Doug Skaff Jr. (D-Kanawha, 35) said that he had a list of 50 businesses in opposition to the bill, including every major hospital in the state.
He noted that everyone wants to make the state more business-friendly. He continued that most business owners want the government to leave them alone.
“We know our businesses the best,” he said. He told those in attendance to not send the wrong signal to other business owners who may want to relocate to the state.
The bill was brought before the legislature by Gov. Jim Justice via proclamation on Tuesday, Oct. 12.
The West Virginia Daily News will provide updates as they become available.
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