HB 5105 By Lisa Costello , M . D ., MPH , FAAP
SENATE : 20-12 � HOUSE : 70-29
In its final form , HB 5105 would have eliminated school immunization requirements for public virtual school students and allowed private and parochial schools to set their own immunization standards or completely opt out of any immunization requirements .
West Virginia is touted by state and national medical organizations as holding one of the most effective vaccination policies in the U . S ., allowing only medical exemptions from school immunization requirements . As a result , West Virginia has remained among the top 10 of all states in school-age immunization rates . Medical and public health experts have attributed this policy to helping keep preventable diseases such as measles from being seen in West Virginia over the past decade . The state ’ s current school immunization policy requires protection from 10 diseases : diphtheria , hepatitis B , measles , meningitis , mumps , pertussis , polio , rubella , tetanus and varicella .
While HB 5105 initially sought to eliminate the immunization requirements for public virtual school students , the bill evolved throughout its journey in the Legislature . The first version passed the House Health and Human Resources Committee and next went to the House Judiciary Committee . There , the bill was amended to also exempt
private and parochial schools from any immunization requirements . When the bill went to the entire body of the House , it was amended further to allow nonmedical religious exemptions to the immunization requirements .
HB 5105 then went to the Senate Health and Human Resources committee , where , instead of an automatic opt-out , it was given an immunization policy opt-out provision for private and parochial schools , maintained policy exemption for public virtual school students and removed the nonmedical religious exemption . The amended bill passed the Senate , the House concurred , and the bill was sent to the governor for his decision .
In the end , citing overwhelming input from the medical and health community along with schools , caregivers and others , Governor Jim Justice vetoed HB 5105 . In his veto letter , he explains , “ West Virginia is way ahead of the pack in protecting our children from preventable diseases like the measles , and in this matter , I will defer to our licensed medical professionals who have come forward overwhelmingly to say this bill could and likely would result in reduced immunity and harm to West Virginia ’ s kids . Our kids are our future . They are our most important resource , and I will protect them with everything I have .”
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