COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 136
(By Senators McKenzie and Bowman)
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[Originating in the Committee on the Judiciary;
reported February 21, 2003.]
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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 impossibility or religious beliefs.
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; exemptions.
Whenever (a) When a resident birth occurs, the state director of health department of health and human resources 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 must 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 the
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 is
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 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,
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, be punished by a fine of not less than ten nor more
than fifty dollars for each offense.
(b) Proof of immunization is not required for a child entering
school if the parent or guardian of the child entering school
submits a signed statement to the county superintendent of schools,
or his or her designee, stating that the parent or guardian has
received information from the department of health and human
resources as required by subsection (a) of this section,
understands the risks and benefits of immunizations and the
potential risks of nonimmunization and that due to religious
beliefs the parent or guardian does not consent to the immunization
of the child entering school.
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(NOTE: The purpose of this bill is to provide an exemption
from mandatory immunizations for religious beliefs.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)