West Virginia Code § 16-3-4

Compulsory immunization of school children; information disseminated;
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offenses; penalties.
(a) Whenever a resident birth occurs, the commissioner shall promptly provide parents of
the newborn child with information on immunizations mandated by this state or required for
admission to a public, private and parochial school in this state or a state-regulated child
care center. e
(b) Except as hereinafter provided, a child entering school or a state-regulated child care
center in this state must be immunized against chickenpox, hepatitis-b, measles, meningitis,
mumps, diphtheria, polio, rubella, tetanus and whooping cough.u
(c) No child or person may be admitted or received in any of the schools of the state or a
state-regulated child care center until he or she has been immunized against chickenpox,
hepatitis-b, measles, meningitis, mumps, diphtheria, polio,, rubella, tetanus and whooping
cough or produces a certificate from the commissioner granting the child or person an
exemption from the compulsory immunization requlirements of this section.
(d) Any school or state-regulated child care center personnel having information concerning
any person who attempts to be enrolled ini a school or state-regulated child care center
without having been immunized agaginst chickenpox, hepatitis-b, measles, meningitis,
mumps, diphtheria, polio, rubella, tetanus and whooping cough shall report the names of all
such persons to the commissioner.
(e) Persons may be provisionally enrolled under minimum criteria established by the
commissioner so that the person's immunization may be completed while missing a minimum
amount of school. No person shall be allowed to enter school without at least one dose of
each required vaccine.
(f) County health departments shall furnish the biologicals for this immunization for children
of parents or guardians who attest that they cannot afford or otherwise access vaccines
elsewhere.
(g) Health officers and physicians who provide vaccinations must present the person
vaccinated with a certificate free of charge showing that they have been immunized against
chickenpox, hepatitis-b, measles, meningitis, mumps, diphtheria, polio, 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 chickenpox, hepatitis-b, measles, meningitis, mumps,
diphtheria, polio, rubella, tetanus and whooping cough.
(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 or there exists
a specific precaution to a particular vaccine.
(1) A request for an exemption to the compulsory immunization requirements of this section
must be accompanied by the certification of a licensed physician stating that the physical
condition of the child is such that immunization is contraindicated or there exists a specific
precaution to a particular vaccine.
(2) The commissioner is authorized to appoint and employ an Immunization Officer to make
determinations on request for an exemption to the compulsory immunizatione requirements
of this section, on a statewide basis, and delegate to the Immunization Officer the authority
granted to the commissioner by this subsection. r
(3) A person appointed and employed as the Immunization Officeur must be a physician
licensed under the laws of this state to practice medicine.
(4) The Immunization Officer's decision on a request for an exemption to the compulsory
immunization requirements of this section may be appaealed to the State Health Officer.
(5) The final determination of the State Health Offilcer is subject to a right of appeal
pursuant to the provisions of article five, chapster twenty-nine a of this code.
(i) A physician who provides any person wiith a false certificate of immunization against
chickenpox, hepatitis-b, measles, meningitis, mumps, diphtheria, polio,, rubella, tetanus and
whooping cough is guilty of a misdemeanor and, upon conviction, shall be fined not less than
$25 nor more than $100.

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