H. B. 4647


(By Delegate Gallagher)
[Introduced March 1, 1994; referred to the
Committee on Health and Human Resources then Finance.]




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 amending the section to include compulsory immunization of infants before the age of one year and providing penalties for violations of this section.
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 newborn children; school children; information disseminated; offenses; penalties.

Whenever a resident birth occurs, the state director of health, attending physicians, midwives, nurse practitioners, hospitals, clinics and other appropriate health care officials shall promptly provide parents of the newborn child with information on the following immunizations mandated by this state or required before their first birthday: for admission to a public school in this state. Diphtheria, polio, rubeola, rubella, tetanus and whooping cough. The information shall include the types of immunizations required and the location where the immunizations may be obtained.

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 The director of health shall require satisfactory proof from the parent or legal guardian of their child having been immunized previously by their first birthday or provide 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 or fails to have his or her newborn 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, before the age of one year, 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 five hundred dollars, or imprisoned in the county jail not more than thirty days, or both fined and imprisoned for each offense.



NOTE: The purpose of this bill is to require the parents or legal guardians of newborn children to have their children immunized before the age of one year against all diseases for which they are required to be immunized against to enter the public schools and to require that the attending health officials provide information concerning the immunizations and to provide penalties for parents or legal guardians who fail to have their newborn children immunized before the age of one year.

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