H. B. 2302
(By Mr. Speaker, Mr. Kiss, By Request)
[Introduced January 19, 1999; referred to the
Committee on Education 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 exemptions from
immunizations of school children.
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 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 may 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. A school official or county health or their agents may not
require immunization referred to in this section when the child
or parent of the child has produced a certificate from a
reputable physician showing that an immunization for diphtheria,
polio, rubeola, rubella, tetanus and whooping cough is impossible
or improper or other sufficient reason why such immunizations have not been done. It is sufficient if the certificate states
that such immunization would be detrimental to the health of the
child.
A child may not be denied admission to any of the schools
of the state for the failure to present satisfactory proof of the
compulsory immunization required by this section, if a
certificate is presented from a reputable physician showing that
the immunizations have not been done because it is impossible,
improper, or detrimental to the health of the child. 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 is the duty of the health officer in
counties having a full-time health officer to see that such these
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 may 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 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 thereof, 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 is guilty of a misdemeanor, and except as herein
otherwise provided, shall, upon conviction thereof, be punished
by a fine of not less than ten nor more than fifty dollars for
each offense.
NOTE: This bill provides for exemptions to the compulsory
immunization requirement of school children when a reputable
physician certifies that it would be detrimental to the health of
the child to have the immunizations.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.