[Introduced February 4, 2004; referred to the Committee on Health and Human Resources; and then to the Committee on Finance.]

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 schools 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.

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.

Read the text of the amendment to include religious exemption.