WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
ENGROSSED
Committee Substitute for House Bill 5361
By Delegate Rohrbach [Originating in the Committee on Health and Human Resources; Reported on February 13, 2024]
 Eng CS for HB 5361
1 A BILL to repeal §16-3-4a of the Code of West Virginia, 1931, as amended, and to amend said
2 code by adding thereto a new section, designated §16B-3-21, relating to allowing influenza
3 immunizations to be offered to hospital patients.
Be it enacted by the Legislature of West Virginia:
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 3. PREVENTION AND CONTROL OF COMMUNICABLE AND OTHER
INFECTIOUS DISEASES.
§16-3-4a. Influenza Immunizations.
1 [Repealed.]
CHAPTER 16B. INSPECTOR GENERAL.
ARTICLE 3. HOSPITALS AND SIMILAR INSTITUTIONS.
§16B-3-21. Influenza Immunizations.
1 (a) A hospital shall offer at no cost to an inpatient who is 50 years of age or older an
2 influenza immunization prior to discharge from October 1 of every year and continuing through
3 March 1 of the following year.
4 (b) The immunizations may not be offered in cases where the immunization is
5 contraindicated.
6 (c) The requirements of this section are subject to the availability for sufficient influenza
7 immunizations.
8 (d) Nothing in this section may be construed to require an influenza immunization as a
9 condition of receiving any type of service or as a condition of discharge.
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Statutes affected:
Introduced Version: 16-3-4a
Committee Substitute: 16B-3-21
Engrossed Committee Substitute: 16B-3-21