West Virginia Code § 16-3-5

Distribution of free vaccine preventives of disease
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(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 preventive measure boeth 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 benefitrs available from a
comprehensive, medically supervised child immunization service.
(b) The Commissioner of the Bureau for Public Health shall acquire vaccine for the
prevention of polio, measles, meningitis, mumps, rubella, chtickenpox, diphtheria, pertussis,
tetanus, hepatitis-b, haemophilus influenzae-b and other vaccine preventable diseases as
considered necessary or required by law and shall distribute the same, free of charge, in
quantities he or she considers necessary, to public and private providers, to be used by them
for the benefit of citizens to check contagions and control epidemics.
(c) The Commissioner of the Bureau for Public Health, through the immunization program,
has the responsibility to ensure the distribution, free of charge, of federally supplied
vaccines to public and private providgers to be used to check contagions and control
epidemics: Provided, That the public and private providers may not make a charge for the
vaccine itself when administereing it to a patient. The Commissioner of the Bureau for Public
Health, through the immunization program, shall keep an accurate record of any vaccine
delivered as provided inL this section.
(d) The commissioner is charged with establishing an Immunization Advisory Committee.
The advisory committee is to make recommendations on the distribution of vaccines
acquired pursuant to this section, advise the secretary on the changing needs and
opportunities for immunization from known diseases for all persons across their life span
andW track immunization compliance in accordance with federal and state laws. Members of
the Immunization Advisory Committee shall be designated and appointed by the
commissioner no later than July 1, 2015. The advisory committee 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, pharmacists, the Commissioner of the Bureau for Medical Services, or his or
her designee, the health insurance industry, the Director of the Public Employees Insurance
Agency, or his or her designee, the self-insured industry and a minimum of three consumers.
The state epidemiologist serves as an advisor to the committee. The commissioner, or his or
her designee, serves as the chair of the advisory committee. Members of the advisory
committee serve four-year terms.
(e) An advisory committee member may not participate in a matter involving specific parties
that will have a direct and predicable effect on their financial interest. An effect will not be
direct in instances where the chain of causation is attenuated or is contingent upon the
occurrence of events that are speculative.
(f) 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 eighteen years. These services are exempt
from any deductible, per-visit charge and/or copayment provisions which maey 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 or copayment provisiorns.
(g) Attending physicians, midwives, nurse practitioners, hospitalus, birthing centers, clinics
and other appropriate health care providers shall provide parents of newborns and preschool
age children with information on the following immunizationts: Diphtheria, polio, mumps,
meningitis, measles, rubella, tetanus, hepatitis-b, haemophilus influenzae-b, chickenpox and
whooping cough. This information should include the availability of free immunization
services for children.

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