Introduced Version
Senate Bill 530 History
OTHER VERSIONS -
Committee Substitute (1)
|
| Email
Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 530
(By Senators Boley, White and Bowman)
____________
[Introduced February 10, 2010; 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, relating to requiring all children entering
school in the state to demonstrate that they have been
immunized against diphtheria, polio, rubeola, rubella, tetanus
and whooping cough; providing medical and nonmedical
exemptions; providing the temporary suspension of an exemption
during health emergencies; requiring school personnel to
notify identified officials of anyone coming into a school who
has not been immunized; and granting the Commissioner of the
Bureau for Public Health with rule-making authority.
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.
(a) When a resident birth occurs, the Commissioner of the
Bureau for Public Health shall promptly provide the parents of the
newborn child with information on immunizations, including those
mandated by this state for admission to a school in this state.
(b) Except as provided in this subsection, all children
entering school in this state must demonstrate that they have been
immunized against diphtheria, polio, rubeola, rubella, tetanus and
whooping cough. A child may be exempt from the requirements of this
section as follows:
(1) Medical exemption. -- A parent or guardian of a child
entering a school in this state for the first time may request a
medical exemption from a required vaccination. The request must be
accompanied with a certificate signed by a physician who is duly
registered and licensed to practice medicine in the United States
that sets forth the basis of his or her medical opinion that
immunization diphtheria, polio, rubeola, rubella, tetanus or
whooping cough is medically impossible or improper.
(2) Nonmedical exemption. -- A parent or guardian with a
strongly held conscientious or religious belief that his or her
minor child entering a school of this state for the first time may
request a nonmedical exemption from the required vaccination. The
request must be accompanied with:
(A) A statement signed by the parent or guardian stating what the conscientious or religious belief is and setting forth the
basis of the reasons that immunization for diphtheria, polio,
rubeola, rubella, tetanus or whooping cough is inappropriate; and
(B) A statement signed by the parent or guardian stating that
he or she has read and understood materials prepared by the
commissioner that explain the nature of the diseases, the benefits
of each vaccine and the risks both to the child and the public
associated with the failure to vaccinate.
(3) General requirement for exemptions. -- If an exemption is
permitted, a copy of the commissioner's approval and a copy of the
physician's medical certificate or the parent's nonmedical
statement is to be submitted to the appropriate public health
official. If the health official does not send a copy to the
appropriate school official the parent may seek review from the
commissioner.
(c) The commissioner may temporarily suspend an exemption
permitted by subsection (b) of this section during a health
emergency. The exempted student may return to school when the
health emergency has been resolved or abated and the commissioner
approves the student's return.
(d) Any teacher, school nurse or other school official having
information concerning any person who attempts to enter a school
without having been immunized against diphtheria, polio, rubeola,
rubella, tetanus or whooping cough shall inform the appropriate
school official, health official or the commissioner. (e) Health officials and health care providers providing
immunizations shall give to all persons who have been immunized a
certificate, at no cost, verifying that they have been immunized
against diphtheria, polio, rubeola, rubella, tetanus or whooping
cough.
(f) The commissioner shall propose rules for legislative
approval pursuant to article three, chapter twenty-nine-a of this
code, to implement this section, including the statements and
materials identified in this section. However, any changes to the
required vaccinations remains the sole discretion of the
Legislature.
NOTE: The purpose of this bill is to require all children
entering school in this state to demonstrate that they have been
immunized against diphtheria, polio, rubeola, rubella, tetanus and
whooping cough. The bill provides medical and nonmedical
exemptions. The bill provides the temporary suspension of an
exemption during health emergencies. The bill also requires school
personnel to inform identified officials of anyone coming into a
school who has not been immunized. The bill grants the Commissioner
of the Bureau for Public Health with rulemaking authority.
This section has been completely rewritten; therefore, strike-
throughs and underscoring have been omitted