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Introduced Version Senate Bill 301 History

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Key: Green = existing Code. Red = new code to be enacted

FISCAL NOTEWEST virginia legislature

2021 regular session

Introduced

Senate Bill 301

By Senators Maynard and Roberts

[Introduced February 16, 2021; referred
to the Committee on Health and Human Resources; and then to the Committee on the Judiciary
]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-3E-1, §16-3E-2, §16-3E-3, §16-3E-4, §16-3E-5, and §16-3E-6, all relating to informed consent for vaccinations; providing a short title; defining terms; prohibiting discrimination against patients for declining or delaying vaccines; establishing prohibited activities; creating rights for patients; and establishing monetary penalties and revocation of licensure for violations.

Be it enacted by the Legislature of West Virginia:

article 3E. informed consent for vaccinations.

§16-3E-1. Short title.


This article shall be known and may be cited as the Informed Consent for Vaccinations Protection Act.

§16-3E-2. Definitions.






(a) Summary of rights. -- The department shall publish on the department’s publicly accessible Internet website a summary of the rights of a patient or parents or guardians of a patient under §16-3E-3 of this code, in any format the health care provider or health care facility chooses.

(b) Complaints. -- A health care provider and health care facility, if requested, shall inform patients of the address and telephone number of each state agency responsible for responding to patient complaints about a health care provider or health care facility’s alleged noncompliance with this article.

(c) Procedure for providing information on patient rights. -- A health care provider or facility shall adopt policies and procedures to ensure that a patient and the parent or guardian of a patient are provided the opportunity during the course of admission to receive information regarding the rights contained in §16-3E-3 of this code and how to file complaints with the facility and appropriate state agency.

(d) Fines. -- The following shall apply:

(1) The department may levy the following fines for a violation under this article:

(i) Not more than $5,000 for an unintentional violation.

(ii) Not more than $25,000 for an intentional violation, with each intentional violation constituting a separate violation subject to a separate fine.

(2) The appropriate regulatory board or, if no board exists, the department may impose an administrative fine against a health care practitioner for failing to make available to patients a summary of their rights under §16-3E-3 of this code and the following shall apply:

(i) A health care provider’s first violation under this paragraph shall be subject to corrective action and shall not be subject to an administrative fine if the violation was unintentional.

(ii) The appropriate licensing board or the department may levy a fine of not more than $100 for a second or subsequent unintentional violation under this subsection.

(iii) The appropriate licensing board or the department may levy a fine of not more than $500 for an intentional violation under this subsection, with each intentional violation constituting a separate violation subject to a separate fine.

(e) Determination of fine. -- In determining the amount of fine to be levied under subsection (d) of this section, the following factors shall be considered:

(1) The scope and severity of the violation, including the number of patients or parents or guardians of patients found not to have received notice of a patient’s rights under §16-3E-3 of this code, and whether the failure to provide the information to patients was willful.

(2) Actions taken by the health care provider or health care facility to correct violations or to remedy complaints.

(3) Any previous violations under this article by a health care provider or health care facility.

 

NOTE: The purpose of this bill is to enact an informed consent for vaccinations law.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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