Senate Bill No. 46
(By Senator Whitlow, By Request)
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[Introduced February 10, 1993; referred to
the Committee on Health and Human Resources;
and then to the Committee on the Judiciary.]
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A BILL to amend and reenact section four, article three, chapter
sixteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to compulsory
immunization of school children; and allowing the
commissioner of the bureau of public health to exempt
children from the requirement on the basis of religious
belief.
Be it enacted by the Legislature of West Virginia:
That section four, article three, chapter sixteen of the
code of West Virginia, one thousand nine hundred thirty-one, 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 ofhealth commissioner of the bureau of public 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 countieshaving 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 commissioner of the bureau of public
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-fivenor 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.
The provisions of this section do not apply to children and
the parents of children who, for reasons of religious belief,
have applied to the commissioner of the bureau of public health
for an exemption to the requirement that a child be vaccinated
before admission to the public schools. The commissioner of the
bureau of public health may exempt children from the vaccination
requirement if requested by the parent on the basis of religious
belief.
NOTE: The purpose of this bill is to allow an exemption
from the requirement that school age children be vaccinated for
reasons of religious belief.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.