H. B. 2835
(By Delegates Brown, Fleischauer, Longstreth,
Staggers, Mahan, Guthrie, Hatfield, Marshall
and Hrutkay)
[Introduced February 5, 2007; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend and reenact §16-3-4 of the Code of West Virginia,
1931, as amended, relating to requiring vaccinations of all
girls entering the sixth grade against the human
papillomavirus.
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.
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 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 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.
All female children entering the sixth grade for the first
time in this state shall have been immunized against human
papillomavirus. Any female child who cannot give satisfactory
proof of having been immunized previously or a certificate from a
reputable physician showing that an immunization for human
papillomavirus is impossible or improper or sufficient reason why
any or all immunizations should not be done, shall be immunized for
human papillomavirus prior to being admitted in any of the schools
in the state. No female child shall be admitted or received in any
of the schools of the state until she has been immunized as
hereinafter provided or produces a certificate from a reputable
physician showing that an immunization for human papillomavirus 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 female child who attempts to enter
school for the first time without having been immunized against
human papillomavirus shall report the names of all such female
children 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 female children are immunized before entering school. Female children enrolling from schools outside of the state may be
provisionally enrolled under minimum criteria established by the
Director of the Bureau of Public Health so that the female child's
immunization may be completed while missing a minimum amount of
school.
No female child 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, and human
papillomavirus 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,
and human papillomavirus
. If any physician shall give any person
a false certificate of immunization against diphtheria, polio,
rubeola, rubella, tetanus, and whooping cough, and human
papillomavirus
, 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, and human papillomavirus
, who cannot
give satisfactory proof that the child or person has been immunized
against diphtheria, polio, rubeola, rubella, tetanus, and whooping
cough, and human papillomavirus
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.
NOTE: The purpose of this bill is to require vaccinations of
all girls entering the 6th grade against the human papillomavirus.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.