Bill Text: WV SB537 | 2017 | Regular Session | Introduced
Bill Title: Relating to exemptions from mandated immunizations
Spectrum: Moderate Partisan Bill (Republican 7-1)
Status: (Introduced - Dead) 2017-03-24 - On 2nd reading to Health and Human Resources [SB537 Detail]
Download: West_Virginia-2017-SB537-Introduced.html
WEST virginia Legislature
2017 regular session
Introduced
Senate Bill 537
By Senators Rucker, Azinger, Cline, Ferns, Karnes, Maynard, Ojeda, Smith and Sypolt
[Introduced March 7, 2017;
Referred
to the Committee on Education; and then to the Committee on Health and Human
Resources]
A BILL to amend and reenact §16-3-4 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §18B-1-12; and to amend and reenact §21-1A-3 of said code, all relating to exemptions from mandated immunizations.
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; that said code be amended by adding thereto a new section, designated §18B-1-12; and that §21-1A-3 of said code be amended and reenacted, all to read as follows:
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 3. PREVENTION AND CONTROL OF COMMUNICABLE AND OTHER INFECTIOUS DISEASES.
§16-3-4. Compulsory immunization of school children; information disseminated; offenses; penalties; exemptions.
(a) Whenever a resident birth occurs, the commissioner shall promptly provide parents of the newborn child with information on immunizations mandated by this state or required for admission to a public, private and parochial school in this state or a state-regulated child care center.
(b) Except as hereinafter provided, a child entering school or a state-regulated child care center in this state must be immunized against chickenpox, hepatitis-b, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus and whooping cough.
(c) No child or person may be admitted or received in any of the schools of the state or a state-regulated child care center until he or she has been immunized against chickenpox, hepatitis-b, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus and whooping cough or produces a certificate from the commissioner granting the child or person an exemption from the compulsory immunization requirements of this section.
(d) Any school or state-regulated child care center personnel having information concerning any person who attempts to be enrolled in a school or state-regulated child care center without having been immunized against chickenpox, hepatitis-b, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus and whooping cough shall report the names of all such persons to the commissioner.
(e) Persons may be provisionally enrolled under minimum criteria established by the commissioner so that the person's immunization may be completed while missing a minimum amount of school. No person shall be allowed to enter school without at least one dose of each required vaccine.
(f) County health departments shall furnish the biologicals for this immunization for children of parents or guardians who attest that they cannot afford or otherwise access vaccines elsewhere.
(g) Health officers and physicians who provide vaccinations must present the person vaccinated with a certificate free of charge showing that they have been immunized against chickenpox, hepatitis-b, measles, meningitis, mumps, diphtheria, polio, 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 chickenpox, hepatitis-b, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus and whooping cough.
(h) The commissioner is
authorized to grant, renew, or condition, deny, suspend or revoke
exemptions to the compulsory immunization requirements of this section, on a
statewide basis, upon sufficient medical evidence that immunization is
contraindicated or there exists a specific precaution to a particular vaccine.
(1) A request for an
exemption to the compulsory immunization requirements of this section must be
accompanied by the certification of a licensed physician stating that the
physical condition of the child is such that immunization is contraindicated or
there exists a specific precaution to a particular vaccine.
(2) The commissioner is
authorized to appoint and employ an Immunization Officer to make determinations
on request for an exemption to the compulsory immunization requirements of this
section, on a statewide basis, and delegate to the Immunization Officer the
authority granted to the commissioner by this subsection.
(3) A person appointed
and employed as the Immunization Officer must be a physician licensed under the
laws of this state to practice medicine.
(4) The Immunization
Officer's decision on a request for an exemption to the compulsory immunization
requirements of this section may be appealed to the state Health Officer.
(5) The final
determination of the state Health Officer is subject to a right of appeal
pursuant to the provisions of article five, chapter twenty-nine a of this code.
(i) A physician who provides any person with a false certificate of immunization against chickenpox, hepatitis-b, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus and whooping cough is guilty of a misdemeanor and, upon conviction, shall be fined not less than $25 nor more than $100.
(j) A child shall be exempt from compulsory immunizations upon the presentation to the child’s school of any one of the following certifications:
(1) A request for an exemption to the compulsory immunization requirements of this section must be accompanied by the certification of a licensed physician or advanced practice nurse who has personally examined the patient stating that the physical condition of the child is such that immunization is contraindicated or there exists a specific precaution to a particular vaccine; or
(2) A request for an exemption to the compulsory immunization requirements of this section must be accompanied by a notarized certification signed by any parent or legal guardian of the child that the religious beliefs of the signator are contrary to the compulsory immunizations.
CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 1. GOVERNANCE.
§18B-1-12. Rights of students to exemptions from compulsory immunizations.
A student shall be exempt from a college, university, or vocational technical school’s compulsory immunizations upon the presentation to the student’s school of any one of the following certifications:
(1) A request for an exemption to the compulsory immunizations of the school must be accompanied by the certification of a licensed physician or advanced practice nurse who has personally examined the student stating that the physical condition of the student is such that immunization is contraindicated or there exists a specific precaution to a particular vaccine; or
(2) A request for an exemption to the compulsory immunization requirements of the school must be accompanied by a notarized certification signed by the student if he or she is 18 years of age or older or the student’s parent or legal guardian stating that the religious beliefs of the signator are contrary to the compulsory immunizations.
chapter 21. labor.
ARTICLE 1A. LABOR-MANAGEMENT RELATIONS ACT FOR THE PRIVATE SECTOR.
§21-1A-3. Rights of employees.
(a) Employees shall have the right to self-organization, to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all of such activities, including the right to refrain from paying any dues, fees, assessments or other similar charges however denominated of any kind or amount to a labor organization or to any third party including, but not limited to, a charity in lieu of a payment to a labor organization.
(b) Employees have the right to be exempt from mandated immunizations of his or her employer upon the presentation to his or her employer of any one of the certifications required by this section:
(1) A certification signed by a licensed physician or advanced practice registered nurse who has personally examined the employee stating that the physical condition of the employee is such that immunization is contraindicated or there exists a specific precaution to the mandated vaccine or vaccines; or
(2) A notarized certification by the employee that he or she has religious beliefs contrary to the mandated immunization. Employers shall not penalize or discriminate against employees for exercising this exemption right by, practices including but not limited to, withholding bonuses, pay raises, and promotion.
NOTE: The purpose of this bill is to provide exemptions from mandatory immunizations.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
