HEALTH CARE
Health care-related bills produced this legislative session include SB 460 & HB 2776, SB 453 & HB 2007 and HB 2354.
SB 460 & HB 2776 By Lisa Costello, MD, MPH
SB 460— SENATE: 20-12 � HOUSE: 42-56 HB 2776— SENATE: 32-0 � HOUSE: 94-0
Following Morrisey’ s Executive Order 7-25 to change child care and school immunization requirements, the Senate passed SB 460. This bill sought to change the medical exemption process and allow non-medical exemptions to the immunization requirements for child care and school entry.
Initially, SB 460 would have removed the medical exemption review process; eliminated the state immunization officer; expanded the list of who could submit a medical exemption request to include several other health provider types and remove the need to be licensed; removed some of the current policy’ s language surrounding exemptions for medical reasons; and prohibited licensing boards from taking action against health care providers submitting exemptions. Further, the committee substitute for SB 460 added non-medical exemptions by a parent, guardian or emancipated child writing a note to the school or child care facility.
After SB 460 passed in the Senate, it went to the House Health and Human Resources Committee. There, a strikeand-insert amendment passed that aimed to require a written statement from a licensed physician, physician assistant or nurse practitioner; add reporting of exemptions to the state; add certain protection from civil liability for health care providers submitting medical exemptions; and remove non-medical exemptions.
When the bill went on to the entire House, it was amended to allow non-medical religious exemptions to immunization requirements. The House rejected this version of the bill on a vote of 42-56. Later in the session, the Senate Health Committee added provisions from SB 460 to a strike-andinsert amendment to HB 2776, a bill focused on West Virginia Department of Health reporting on incidences of alpha-gal syndrome. Those immunization policy amendments were subsequently withdrawn, and HB 2776 passed in its previous form solely about alpha-gal reporting.
SB 453 & HB 2007 By Alexander Macia
Repealing the state’ s Certificate of Need( CON) process appeared to be a top priority in 2025. CON is a regulatory process that requires entities seeking to open or expand health care services to receive approval from the state health care authority. While 36 states have some form of CON review, opponents argue the process hinders access to quality health care, increases costs and lowers quality.
Governor Morrisey’ s CON repeal bill was introduced in the House as HB 2007 and in the Senate as SB 453. The House Health Committee had the bill presented for public hearing where representatives from the major hospital systems spoke in favor of maintaining CON. Representatives from the conservative Cardinal Institute and Americans for Prosperity spoke in opposition. The bill was advanced to the mark-up and vote stage where it was defeated on a vote of 12-13. This year’ s Senate bill never advanced, and a late effort to discharge HB 2007 from the House Health Committee was defeated by the full House of Delegates.
HB 2354
By Rachel Coffman
SENATE: 26-4 � HOUSE: 79-17
HB 2354 makes West Virginia the first state in the nation to ban several synthetic food dyes and preservatives. Beginning August 1, the law will prohibit the use of Red Dye No. 3, Red Dye No. 40, Yellow Dye No. 5, Yellow Dye No. 6, Blue Dye No. 1, Blue Dye No. 2 and Green Dye No. 3 in school meals. By January 1, 2028, the ban will extend to all foods and drugs sold within the state and add two preservatives: butylated hydroxyanisole and propylparaben.
The bill provided no clarity on acceptable concentration thresholds or guidance for transitioning supply chains. Trade groups warned that 60 % of grocery items contain at least one of the banned substances, and that West Virginia’ s relatively small consumer base may not justify product reformulation.
Despite concerns, HB 2354 passed with overwhelming support. In response to industry feedback, Senator Robbie Morris offered an amendment extending the effective date of the statewide ban from 2027 to 2028. Lawmakers also included a bake sale exemption to ensure that individuals selling small quantities of food items— such as at school or church fundraisers— would not be penalized under the new law.
Photo by Perry Bennett, WV Legislative Photography.
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