A vaccination exemption bill for school children is on the edge of passage in the House of Delegates, where lawmakers debated policy options for about three hours, agreed on legislation that would loosen avenues for medical exemptions and returned religious exemptions to the mix.
Almost all states except California, Mississippi, and West Virginia allow religious or philosophical exemptions for school vaccines, granting parents the ability to opt their children out of vaccinations based on sincerely held beliefs.
Right now, West Virginia students entering school for the first time must show proof of immunization against diphtheria, pertussis, tetanus, polio, measles, mumps, rubella, varicella, and hepatitis B unless properly medically exempted.
Before the long debate at the Capitol, the most recent three West Virginia state health officers — Matthew Christiansen, Ayne Amjad and Cathy Slemp — joined together with a letter to legislators to say the state’s strong school-entry immunization laws are a key reason its rates are among the best in the nation by the time children enter school.
“We respectfully urge you to not pass SB 460 (or related laws) in any form that would add non- medical exemptions or otherwise weaken the hard-earned protections keeping our children, families, and communities safe,” the doctors wrote.
The House could take a passage vote on SB 460 as soon as Monday.
If delegates pass the bill at that point, it would still need to go back to the state Senate — where a version originally passed a month ago — because of changes made in the House. The most prominent of those is, senators allowed for exemptions due to philosophical reasons in what they passed; the bill in the House of Delegates does not have that.
Some senators, including Health Committee Chairwoman Laura Wakim Chapman, Chris Rose and Mark Maynard, stood in the back of the House of Delegates and watched much of the debate on Friday.
Delegates considered eight amendments but received a majority vote only in favor of one, a provision allowing parents to submit a written statement to school administrators that the family has religious beliefs prompting them to opt out of compulsory vaccination requirements.
That provision spells out an option for private or parochial schools to inform the state Department of Education that they have a different religious exemption policy. Presumably, those schools could enforce the state’s current standard.
That amendment on religious exemptions passed on a 52-44 vote.
The debate over that amendment was vigorous.
“This is a religious freedom bill,” said Delegate Joe Funkhauser, R-Jefferson.
Delegate Kathie Hess Crouse, R-Putnam, echoed that view.
“Forty-five other states offer religious exemption,” Crouse said. “We need to have religious exemption for our parents.”
Delegate Rick Hillenbrand, R-Hampshire, also said parents should have the freedom to assess the risks for their school-aged children.
“After much thought, I’ve reached the position that if you as an individual or parent are fully willing to accept the consequences of your decisions including the potential for very serious negative health impacts,” he said, “then the government should not be allowed to force you to be injected against your will.”
Delegate Bob Fehrenbacher, R-Wood, suggested the exemption could result in a significant number of school kids opting out of vaccinations.
“If we relax the exemption requirements,” he said, “I believe our numbers will go down and we will put that part of our population at risk.”
Delegate Shawn Fluharty, D-Ohio, wanted to know what proof would be offered for religious beliefs leading to a vaccination exemption. The answer seemed to be a note from parents.
“”This is poorly crafted,” Fluharty said.
“I could write on a piece of toilet paper ‘this goes beyond Johnny’s religious beliefs or my religious beliefs and therefore we want an exemption.'”
Delegate Mike Pushkin, D-Kanawha, said the amendment is so broad that it amounts to a blanket exemption. “Anyone who wants an exemption can get one,” he said.