H. B. 3069
(By Delegates Eldridge, Ellem, Moore, Border,
Cowles, Rowan, Reynolds and Rodighiero)
[Introduced March 11, 2009; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend and reenact §16-3-4 of the Code of West Virginia,
1931, as amended, relating to providing medical and nonmedical
exemptions from mandatory immunizations for school children;
requiring parental or guardian affidavit of conscientious or
religious belief; requiring parents and guardians to assert
their beliefs in an affidavit and to present an affidavit
affirming that they have completed an educational course
regarding the risks and benefits of immunizations; providing
that the affidavit be provided before the exemption may apply;
providing rule-making authority to the Commissioner of the
Bureau for Public Health; and providing that the Legislature
has the sole authority to add or delete required vaccinations
or exemptions for school attendance.
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.
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 person who cannot give
satisfactory proof of having been immunized previously or 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 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 in the state. No
child or person shall be admitted or received in any of the schools
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 been done or is impossible
or improper or other sufficient reason why such immunizations have
not been done. Any teacher having information concerning any
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
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 immunization
work shall give to all persons and children a certificate free of
charge showing that they have been immunized against diphtheria,
polio, rubeola, rubella, tetanus and whooping cough, or he or she may give the certificate to any person or child whom he or she
knows to have been immunized against diphtheria, polio, rubeola,
rubella, tetanus and whooping cough. If any physician shall give
any person a false certificate of immunization against diphtheria,
polio, rubeola, rubella, tetanus and whooping cough, he or she
shall be guilty of a misdemeanor, and, upon conviction, shall be
fined not less than twenty-five nor more than one hundred dollars.
Any parent or guardian who refuses to permit his or her child
to be immunized against diphtheria, polio, rubeola, rubella,
tetanus and whooping cough, who cannot give satisfactory proof that
the child or person has been immunized against diphtheria, polio,
rubeola, rubella, tetanus and whooping cough previously, or a
certificate from a reputable physician showing that immunization
for any or all is impossible or improper, or sufficient reason why
any or all immunizations should not be done, shall be guilty of a
misdemeanor, and except as herein otherwise provided, shall, upon
conviction, be punished by a fine of not less than ten nor more
than fifty dollars for each offense.
(a) When a resident birth occurs, the Commissioner of the
Bureau for Public Health shall promptly provide parents of the
newborn child with information on immunizations, including those
mandated by this state for admission to a school in this state.
(b) All children entering school in this state must be age
appropriately immunized against diphtheria, polio, rubeola, rubella, tetanus, whooping cough. Any person who cannot give
satisfactory proof of having been immunized previously or who does
not have a current certificate of exemption shall be immunized for
diphtheria, polio, rubeola, rubella, tetanus, whooping cough prior
to being admitted to the schools of this state. Satisfactory proof
of immunization shall be provided to the school in the form of the
certificate of immunization. The certificate of immunization shall
be developed by the Commissioner of the Bureau for Public Health's
immunization program. Beginning July 1, 2009, the certificate of
immunization shall be made available to health care providers and
school systems to document the immunization records of school
children. A parent or guardian may be exempt as follows:
(1) Medical exemption. -- A parent or guardian of a child
entering the schools of this state for the first time may request
a medical exemption from a required vaccination for his or her
minor child if the parent or guardian of the child or ward presents
a certificate signed by a physician who is duly registered and
licensed to practice medicine in the United States which sets forth
the opinion and the basis of the opinion of the physician examining
the child or ward that immunization of the child or ward is
medically impossible or improper for any or all of the following
diseases including diphtheria, polio, rubeola, rubella, tetanus,
whooping cough, or, because of another compelling medical reason
immunization of the child or ward for any or all of the following diseases including diphtheria, polio, rubeola, rubella, tetanus,
whooping cough and any other disease requiring vaccination as
established by rule by the Commissioner of the Bureau for Public
Health should not be required for public school attendance; and
(2) Nonmedical exemption. -- A parent or guardian with a
strongly held conscientious or religious belief that his or her
minor child or ward should not be subject to a required
immunization as provided in this section, may seek an exemption
from any or all required vaccinations for his or her minor child
entering the schools of this state for the first time as follows:
(A) The parent or guardian signs a statement on a form
provided by the Commissioner of the Bureau for Public Health which
includes a list of required immunizations to allow a parent or
guardian to request an exemption for his or her child from any or
all of the required immunizations. In the statement, the parent or
guardian shall state the conscientious or religious belief and
shall indicate the specific vaccines for which an exemption is
being requested;
(B) The parent or guardian reads written materials prepared by
the Commissioner of the Bureau for Public Health, not to exceed
thirty pages, explaining the nature of the risks of the failure to
vaccinate a child and the benefits of each vaccine for which a
child shall be exempt. After reading the written materials, the
parent or guardian shall, by his or her signature on the materials, indicate he or she has read and understood the materials.
(C) General requirement for exemptions. -- A parent or
guardian shall provide a copy of the physicians certificate or
parent statement of religious or conscientious beliefs to a public
health officer, designated for that purpose by the Commissioner of
the Bureau for Public Health. If the physician's certificate or
parental statement is proper, he or she shall forthwith transmit a
copy to the principal of the school in which the child is enrolled
or seeks enrollment. If he or she refuses to transmit a copy to
the principal because the certificate or statement is not proper,
he or she shall provide the parent or guardian with a written
statement specifying the deficiencies, and provide the parents an
opportunity to resubmit the certificate or statement. If he or she
rejects the certificate or statement again, the parents may seek
review through the Commissioner of the Bureau for Public Health.
(3) The Commissioner of
the Bureau for Public Health or his or
her designated public health officer may temporarily suspend an
exemption for a student who is not immunized and exclude the
student from attending school during an outbreak or health
emergency. The student may not return or be admitted to school
until the outbreak or health emergency has been resolved and the
Commissioner of the Bureau for Public Health or his or her designee
approves the return or admittance to school. When a public health
emergency has been declared relating to a communicable disease, citizens identified as being infected with the declared disease may
be subjected to humane quarantine using the least restrictive means
possible, in order to prevent the spreading of disease.
Additionally, quarantine and isolation must be by the least
restrictive means necessary to prevent the spread of a communicable
disease to others and may include, but is not limited to,
confinement to private homes.
No child or person may be admitted
or received in any of the schools of the state, except as otherwise
provided in this section, until he or she has been immunized.
Any teacher, school nurse or other school official having
information concerning any person who attempts to enter school
without having been immunized against diphtheria, polio, rubeola,
rubella, tetanus and whooping cough. The Commissioner of the
Bureau for Public Health shall report the name of the person to the
designated public health officer. It is the duty of the
Commissioner of the Bureau for Public Health or his or her
designated public health officer to see that persons are immunized
before entering school or are exempt.
(c) Health officers and health care providers providing
immunizations shall give to all persons and children a certificate
free of charge showing that they have been immunized against
diphtheria, polio, rubeola, rubella, tetanus and whooping cough.
Health officers and health care providers may give the certificate
to any person or child whom he or she knows to have been immunized against diphtheria, polio, rubeola, rubella, tetanus and whooping
cough.
(d) The Commissioner of the Bureau for Public Health shall
propose rules for legislative approval in accordance with the
provisions of article three, chapter twenty-nine-a of this code, to
implement the provisions of this section, addressing the issue of
school transfers, reporting requirements for each county related to
the exemptions and the membership of the immunization advisory
committee as provided in section five of this article: Provided,
That any additions or deletions of required vaccinations or
exemptions shall be the sole authority of the Legislature.
NOTE: The purpose of this bill is to
provide medical and
nonmedical exemptions from mandatory immunizations for school
children; require parental or guardian affidavit of conscientious
or religious belief; require parents and guardians to assert their
beliefs in an affidavit and to present an affidavit affirming that
they have completed an educational course regarding the risks and
benefits of immunizations; provide that the affidavit be provided
before the exemption may apply; provide rule-making authority to
the Commissioner of the Bureau
for
Public Health;
and provide that
the Legislature has the sole authority to add or delete required
vaccinations or exemptions for school attendance.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.