Senate Bill No. 439
(By Senators Prezioso and Minard
)
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[Introduced February 4, 2004; referred to the Committee on Health
and Human Resources; and then to the Committee on Finance.]
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A BILL to amend and reenact §16-3-4 and §16-3-5 of the code of West
Virginia, 1931, as amended, all relating to compulsory
immunization of school children; medical exemption; requiring
additional vaccinations; creating standard certificate of
immunization; mandating use of certificate; promulgation of
rules to define the schedule and procedures for immunization;
increased penalties for offenses; distribution of free vaccine
to public and private providers; and revision of the
immunization advisory committee and addition of new members.
Be it enacted by the Legislature of West Virginia:
That §16-3-4 and §16-3-5 of the code of West Virginia, 1931,
as amended, be amended and reenacted, all 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; certificate of immunization; offenses;
penalties.
(a) Whenever When a resident birth occurs, the state
director
of health
officer shall promptly provide parents of the newborn
child with information on immunizations,
including those mandated
by this state
or required for admission to a public school in this
state.
(b) The state has a compelling interest in protecting the
health of all citizens of this state, especially our children.
With vaccines widely available to reduce or prevent the incidence
of disease, the state bureau for public health has determined that
the point of school entry is the best time to confirm each child's
record of compulsory immunization from the diseases enumerated in
subsection (c) of this section.
(c) All children
in this state entering school
for the first
time in this state shall
have been be immunized against diphtheria,
polio,
measles, mumps, rubeola, rubella,
hepatitis-b, chickenpox,
tetanus and whooping cough,
except that health care providers may
exempt a child from any or all immunizations from the diseases
enumerated in this subsection for medical reasons consistent with
commonly accepted practices.
(d) Satisfactory proof of immunization shall be provided to
the school in the form of the certificate of immunization. The certificate of immunization shall be developed by the department of
health and human resources, bureau for public health, immunization
program. Beginning on the first day of July, two thousand four,
the certificate of immunization shall be made available to health
care providers and school systems to document the immunization
records of school children. Beginning the first day of July, two
thousand five, the certificate of immunization shall be the only
form used for this purpose.
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 of the state.
(e) No child or person shall be admitted or received in any
of
the schools of school in the state until he or she has been
appropriately immunized
according to rules promulgated hereunder.
The bureau shall propose rules for legislative approval in
consultation with and after reaching agreement with the department
of education in accordance with the provisions of chapter
twenty-nine-a, article three of this code to clearly define the
schedule and procedures for compulsory immunization. The schedule and procedures in the rule shall be based on the current
recommendations endorsed by the advisory committee on immunization
practices, the American academy of pediatrics and the American
academy of family physicians. 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
(f) Any teacher,
school nurse or other school official 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 the diseases
enumerated in subsection (c) of this section shall report the names
of all such persons to the
county local 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
(g) 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.
(h) Health officers and
physicians health care providers who
shall do this immunization work administer these immunizations
shall give to all persons and children a certificate
of
immunization, free of charge, showing that they have been immunized
against
diphtheria, polio, rubeola, rubella, tetanus and whooping
cough the diseases enumerated in subsection (c) of this section or
he or she may give the certificate to any person or child whom he
or she knows to have been
so immunized.
against diphtheria, polio,
rubeola, rubella, tetanus and whooping cough
(i) If any
physician shall give health care provider willfully
or knowingly provides any person a false certificate of
immunization against
diphtheria, polio, rubeola, rubella, tetanus
and whooping cough, the diseases enumerated in subsection (c) of
this section, he or she shall be guilty of a misdemeanor and, upon
conviction, shall be fined not less than
twenty-five one hundred
dollars nor more than
one five hundred dollars.
(j) Any parent or guardian who refuses to permit his or her
child to be immunized against
diphtheria, polio, rubeola, rubella,
tetanus and whooping cough the diseases enumerated in subsection
(c) of this section or who cannot give satisfactory proof that the child or person has been
so immunized
or who falsifies a child's
immunization record against diphtheria, polio, rubeola, rubella,
tetanus and whooping cough 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 is guilty of a
misdemeanor and,
except as herein otherwise provided, shall, upon
conviction,
shall be
punished by a fine of fined not less than
ten
one hundred dollars or nor more than
fifty five hundred dollars.
for each offense
§16-3-5. Distribution of free vaccine preventives of disease.
(a)
Declaration of legislative findings and purpose. -- The
Legislature finds and declares that early immunization for
preventable diseases represents one of the most cost-effective
means of disease prevention. The savings which can be realized
from immunization, compared to the cost of health care necessary to
treat the illness and lost productivity, are substantial.
Immunization of children at an early age serves as a preventative
measure both in time and money and is essential to maintain our
children's health and well-being. The costs of childhood
immunizations should not be allowed to preclude the benefits
available from a comprehensive, medically supervised child
immunization service. Furthermore, the federal government has
established goals that require ninety percent of all children to be immunized by age two and provided funding to allow uninsured
children to meet this goal.
(b) The state
director of health
officer shall acquire vaccine
for the prevention of polio, measles, mumps, rubella, diphtheria,
pertussis whooping cough, tetanus, hepatitis-b, haemophilus
influenzae-b,
chickenpox and other vaccine preventives of disease
as may be deemed necessary or required by law and shall distribute
the same, free of charge, in such quantities as he or she may deem
necessary, to
county and municipal health officers public and
private providers to be used by them for the benefit of
and without
expense to the citizens
within their respective jurisdictions to
check contagions and control epidemics.
(c) The
county and municipal health officers state health
officer through the immunization program shall have the
responsibility to properly store and distribute, free of charge,
vaccines to
public and private
medical or osteopathic physicians
within their jurisdictions providers to be utilized to check
contagions and control epidemics:
Provided, That the
public and
private
medical or osteopathic physicians providers shall not make
a charge for the vaccine itself when administering it to a patient.
The
county and municipal health officers immunization program staff
shall
provide a receipt to the state director of health for keep an
accurate record of any vaccine delivered as herein provided.
(d) The
director commissioner of the division of bureau for public health is charged with establishing
a childhood an
immunization advisory committee to plan for universal access, make
recommendations on the distribution of vaccines acquired pursuant
to this section,
advise the commissioner and the state health
officer on the changing needs and opportunities for immunization
from known diseases for all persons across their life span and
tracking of track immunization compliance in accordance with
federal and state laws. The
childhood immunization advisory
committee shall be appointed by the secretary of the department of
health and human resources no later than the first day of July,
one
thousand nine hundred ninety-four two thousand four, and shall be
comprised of representatives from the following groups: Public
health nursing, public health officers, primary health care
providers,
school nurses, pediatricians, family practice
physicians,
a member of the American college of physicians, health
care administrators, state medicaid program,
the state department
of education, the health insurance industry, the public employees
insurance agency, the self-insured industry and consumers. The
state epidemiologist shall serve as an advisor to the committee.
Members of the advisory committee shall serve
two four-year terms.
(e) All health insurance policies and prepaid care policies
issued in this state which provide coverage for the children of the
insured shall provide coverage for child immunization services to
include the cost of the vaccine, if incurred by the health care provider, and all costs of administration from birth through age
sixteen years. These services shall be exempt from any deductible,
per-visit charge and/or copayment provisions which may be in force
in these policies or contracts. This section does not exempt other
health care services provided at the time of immunization from any
deductible and/or copayment provisions.
(f) Attending physicians, midwives, nurse practitioners,
hospitals, birthing centers, clinics and other appropriate health
care providers shall provide parents of newborns and preschool age
children with information on the following immunizations:
Diphtheria, polio, mumps, measles, rubella, tetanus, hepatitis-b,
haemophilus influenzae-b,
chickenpox and whooping cough. This
information should include the availability of free immunization
services for children.
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(NOTE: The purpose of this bill is to improve the health of
children and adults. The bill creates a standardized certificate
of immunization, and adds three common childhood diseases to the
list of those that require vaccination. The three are: Mumps,
chickenpox and hepatitis-b. The common name "measles" has been
substituted for "rubeola". The bill permits the immunization
program to deliver vaccine preventives to public and private
providers who will administer the vaccinations. Penalty amounts
are increased. Representatives from the department of education,
school nurses and the American college of physicians are added to
the membership of the immunization advisory committee, whose scope
is expanded to include adults as well as children.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)
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