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CHAPTER 16. PUBLIC HEALTH
ARTICLE 3. PREVENTION AND CONTROL OF COMMUNICABLE
AND OTHER INFECTIOUS DISEASES
W. Va. Code § 16-3-4 (2007)
§ 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 of 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.
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, 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. If any
physician shall give any person a false certificate of immunization against
diphtheria, polio, rubeola, rubella, tetanus and whooping cough, 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, who cannot give satisfactory proof that the
child or person has been immunized 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 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.
§ 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 shall acquire vaccine
for the prevention of polio, measles, mumps, rubella, diphtheria, pertussis,
tetanus, hepatitis-b, haemophilus influenzae-b 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, 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 shall
have the responsibility to properly store and distribute, free of charge,
vaccines to private medical or osteopathic physicians within their jurisdictions
to be utilized to check contagions and control epidemics: Provided, That
the private medical or osteopathic physicians shall not make a charge
for the vaccine itself when administering it to a patient. The county
and municipal health officers shall provide a receipt to the state director
of health for any vaccine delivered as herein provided.
(d) The director of the division of health is charged
with establishing a childhood immunization advisory committee to plan
for universal access, make recommendations on the distribution of vaccines
acquired pursuant to this section and tracking of 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, and shall be comprised of representatives
from the following groups: Public health nursing, public health officers,
primary health care providers, pediatricians, family practice physicians,
health care administrators, state medicaid program, 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-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
co-payment 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 co-payment 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 and whooping cough. This information should include
the availability of free immunization services for children.
CHAPTER 18. EDUCATION.
ARTICLE 28. PRIVATE, PAROCHIAL OR CHURCH SCHOOLS,
OR SCHOOLS OF A RELIGIOUS ORDER.
W. Va. Code § 18-28-2 (2007)
§18-28-2. Attendance; health and safety
regulations.
Each private, parochial or church school or school
of a religious order shall observe a minimum instructional term
of one hundred eighty days with an average of five hours of instruction
per day, and shall make and maintain annual attendance and disease
immunization records for each pupil enrolled and regularly attending
classes. Such attendance records shall be made available to the
parents or legal guardians. Upon the request of the county superintendent
of schools, any school to which this applies (or a parents organization
composed of the parents or guardians of children enrolled in said
school) shall furnish to the county board of education a list of
the names and addresses of all children enrolled in such school
between the ages of seven and sixteen years. Attendance by a child
at any school to which this article relates and which complies with
this article shall satisfy the requirements of compulsory school
attendance. Each such school shall be subject to reasonable fire,
health and safety inspections by state, county and municipal authorities
as required by law, and shall further be required to comply with
the West Virginia school bus safety regulations.
W. Va. Code § 18-28-6 (2007)
§18-28-6. Requirements exclusive.
No private, parochial or church school
or school operated by any other religious group or body as part
of its religious ministry or other nonpublic school which complies
with the requirements of this article shall be subject to any other
provision of law relating to education except requirements of law
respecting fire, safety, sanitation and immunization.
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