Adds religious exemption from school vaccine requirements to existing medical exemption

State: WV
Bill Number: HB 5106
Position: SUPPORT
Action Required: NONE
Status: Died, failed to be scheduled for hearing in House Health & Human Resources Committee before committee report deadline of 2/25/2024

Legislation Details:

UPDATE: 2/25/2024 - HB 5106 died, it failed to be scheduled for a hearing in the House Health and Human Resources Committee before the deadline for bills to be reported from committee in their chamber of origin of 2/25/2024.

HB 5106 was introduced in the House and referred to the House Health and Human Resources Committee on 1/25/2024. This bill is sponsored by State Delegate Kathie Hess Crouse.

HB 5106 adds a religious exemption from school vaccine requirements to the existing medical exemption option in state law.

HB 5106 amends West Virginia Code §16-3-4, related to the compulsory immunization of school children, information dissemination, offenses, and penalties under Chapter 16 Public Health Code, Article 3, related to the prevention and control of disease, by adding a religious exemption from compulsory school immunization requirements option to existing section 4, subsection (h) underlined as follows:

§16-3-4 (h) the commissioner is authorized to grant, renew, condition, deny, suspend or revoke exemptions to the compulsory immunization requirements of this section, on a statewide basis, upon sufficient medical evidence that immunization is contraindicated, there exists a specific precaution to a particular vaccine, or the parent or guardian submits a notarized Certificate of Religious Exemption Form to the admitting official of the school to which the student is seeking admission stating that the administration of immunizing agents conflicts with the student's religious tenets or practices

NVIC SUPPORTS HB 5106 because families who object to a childhood vaccination based on religious beliefs will now have the opportunity to utilize any public, private, or parochial school or state-regulated childcare center without discrimination based on their religious beliefs regarding childhood vaccination. NVIC is opposed to all vaccine mandates. Vaccines are pharmaceutical products that carry a risk of injury and death and should not be a condition for school attendance. An improvement on this bill would be adding discrimination protection for children whose parents claim a medical or religious exemption and ensuring there are privacy protections to prevent disclosure of their vaccination status. Additionally, an exemption option for families who choose not to vaccinate for conscientious reasons would provide even greater opportunities for vaccine choice and informed consent for West Virginia children and families. An even better improvement on this bill would be to prohibit all vaccine mandates for school attendance and allow parents to make their own fully informed medical decisions for their child, including whether or not to take a vaccine. 

https://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=5106&year=2024&sessiontype=RS&btype=bill - text, status, and history of HB 5106