Senate Bill No. 198
(By Senator McKenzie)
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[Introduced January 26, 2000; referred to the Committee
on Health and Human Resources.]
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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 providing an
exemption from mandatory immunizations for "good cause" or
due to religious prohibition.
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. 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 division 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: Provided, That if a pupil presents a written statement
from the pupil's parent or guardian in which the parent or
guardian objects to the immunization for good cause, including
religious convictions, the immunization shall not be required.
NOTE: The purpose of this bill is to provide an exemption
from mandatory immunizations for "good cause" or due to religious
prohibition.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.