Clarifying that the Legislature is the sole authority regarding compulsory immunizations
H. B. 2306
(By Delegate Cowles)
[Introduced February 13, 2013; referred to the
Committee on Health and Human Resources then Government
Organization.]
A BILL to amend and reenact §16-3-4 of the Code of West Virginia,
1931, as amended, relating to clarifying that the Legislature
is the sole authority regarding compulsory immunizations and
exemptions from same.
Be it enacted by the Legislature of West Virginia:
That §16-3-4 of the Code of West Virginia, 1931, 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.
The Legislature is the sole authority for determining persons
who are subjects of compulsory immunization including, but not
limited to, the nature and timing of immunizations, the process for performing immunizations and for determining who and under what
circumstances exemptions from compulsory immunizations may be made.
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 A person who cannot give
satisfactory proof of having been immunized previously or present
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 provide
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 a
school in the state. No child or person shall may be admitted or
received in any of the schools a school 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 immunizations have been done or is are impossible or improper
or provides other sufficient reason why such immunizations have not
been done. Any A teacher having information concerning any a 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
However, no person may 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 perform
immunization work shall give to all persons and children a
certificate, free of charge, showing that they have been immunized
immunization against diphtheria, polio, rubeola, rubella, tetanus
and whooping cough, or he or she may give the certificate to any a
person or child whom he or she knows to have been immunized. against diphtheria, polio, rubeola, rubella, tetanus and whooping
cough. If any a 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 $25 nor more than $100.
Any A parent or guardian who refuses to permit his or her
child to be immunized against diphtheria, polio, rubeola, rubella,
tetanus and whooping cough and who cannot give satisfactory proof
that the child or person has been immunized, against diphtheria,
polio, rubeola, rubella, tetanus and whooping cough previously, or
cannot present a certificate from a reputable physician showing
that immunization for any or all is impossible or improper or
cannot provide 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 $10 nor more than $50 for each offense.
NOTE: The purpose of this bill is to clarify that the
Legislature has sole authority in regards to matters concerning
compulsory immunizations.
Strike-throughs indicate language that would be stricken from
the present law and underscoring indicates new language that would
be added.
