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Introduced Version House Bill 2306 History

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HB2306 intr
H. B. 2306


          (By Delegate Cowles)
          [Introduced February 13, 2013; referred to the
Committee on Health and Human Resources then Government Organization.]



A BILL to amend and reenact §16-3-4 of the Code of West Virginia, 1931, as amended, relating to clarifying that the Legislature is the sole authority regarding compulsory immunizations and exemptions from same.
Be it enacted by the Legislature of West Virginia:
     That §16-3-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
.ARTICLE 3. PREVENTION AND CONTROL OF COMMUNICABLE AND OTHER INFECTIOUS DISEASES.
§16-3-4. Compulsory immunization of school children; information disseminated; offenses; penalties.
               
The Legislature is the sole authority for determining persons who are subjects of compulsory immunization including, but not limited to, the nature and timing of immunizations, the process for performing immunizations and for determining who and under what circumstances exemptions from compulsory immunizations may be made.
               Whenever a resident birth occurs, the state Director of Health shall promptly provide parents of the newborn child with information on immunizations mandated by this state or required for admission to a public school in this state.
               All children entering school for the first time in this state shall have been immunized against diphtheria, polio, rubeola, rubella, tetanus and whooping cough. Any A person who cannot give satisfactory proof of having been immunized previously or present a certificate from a reputable physician showing that an immunization for any or all diphtheria, polio, rubeola, rubella, tetanus and whooping cough is impossible or improper or provide sufficient reason why any or all immunizations should not be done, shall be immunized for diphtheria, polio, rubeola, rubella, tetanus and whooping cough prior to being admitted in any of the schools a school in the state. No child or person shall may be admitted or received in any of the schools a school of the state until he or she has been immunized as hereinafter provided or produces a certificate from a reputable physician showing that an immunization for diphtheria, polio, rubeola, rubella, tetanus and whooping cough has immunizations have been done or is are impossible or improper or provides other sufficient reason why such immunizations have not been done. Any A teacher having information concerning any a person who attempts to enter school for the first time without having been immunized against diphtheria, polio, rubeola, rubella, tetanus and whooping cough shall report the names of all such persons to the county health officer. It shall be the duty of the health officer in counties having a full-time health officer to see that such persons are immunized before entering school. Provided, That Persons enrolling from schools outside of the state may be provisionally enrolled under minimum criteria established by the Director of the Department of Health so that the person's immunization may be completed while missing a minimum amount of school. Provided, however, That no person shall be allowed to However, no person may enter school without at least one dose of each required vaccine.
               In counties where there is no full-time health officer or district health officer, the county commission or municipal council shall appoint competent physicians to do the immunizations and fix their compensation. County health departments shall furnish the biologicals for this immunization free of charge.
               Health officers and physicians who shall do this perform immunization work shall give to all persons and children a certificate, free of charge, showing that they have been immunized immunization against diphtheria, polio, rubeola, rubella, tetanus and whooping cough, or he or she may give the certificate to any a person or child whom he or she knows to have been immunized. against diphtheria, polio, rubeola, rubella, tetanus and whooping cough. If any a physician shall give gives any person a false certificate of immunization, against diphtheria, polio, rubeola, rubella, tetanus and whooping cough, he or she shall be is guilty of a misdemeanor, and, upon conviction, shall be fined not less than $25 nor more than $100.
               Any A parent or guardian who refuses to permit his or her child to be immunized against diphtheria, polio, rubeola, rubella, tetanus and whooping cough and who cannot give satisfactory proof that the child or person has been immunized, against diphtheria, polio, rubeola, rubella, tetanus and whooping cough previously, or cannot present a certificate from a reputable physician showing that immunization for any or all is impossible or improper or cannot provide sufficient reason why any or all immunizations should not be done, shall be is guilty of a misdemeanor and, except as herein otherwise provided, shall, upon conviction, be punished by a fine of not less than $10 nor more than $50 for each offense.



               NOTE: The purpose of this bill is to clarify that the Legislature has sole authority in regards to matters concerning compulsory immunizations.

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