WEST virginia Legislature

2020 regular session

Introduced

Senate Bill 220

By Senators Maynard and Roberts

[Introduced January 9, 2020; referred
to the Committee on Health and Human Resources; and then to the Committee on the Judiciary]

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:

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 is 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 shall 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 may 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 is exempt from compulsory immunizations upon the presentation to the child’s school of any one of the following certifications:

(1) A 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;

(2) 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; or

(3) A notarized certification signed by any parent or legal guardian of the child indicating that the signator has either a conscientious or personal objection to the immunization of the child.

CHAPTER 18B. HIGHER EDUCATION.

ARTICLE 1. GOVERNANCE.

§18B-1-12. Rights of students to exemptions from compulsory immunizations.

A student is 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 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;

(2) 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; or

(3) A notarized certification signed by the student if he or she is 18 years of age or older or a parent or legal guardian of the student stating that the signator has either a conscientious or personal objection to the immunization of the student.

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 those 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) (1) An employee has the right to be exempted 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:

(A) 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

(B) A notarized certification by the employee that he or she has religious beliefs contrary to the mandated immunization or a conscientious or personal objection to the mandated immunization.

(2) Employers may 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.