Senate Passes Bill Broadening Vaccine Exemptions

The West Virginia Senate passed a bill Friday that would allow for broad exemptions to vaccination requirements for children.

Last year, the West Virginia Legislature passed House Bill 5105, which would have broadened student vaccine exemptions and granted non-public schools authority to set their own vaccine requirements. But former Gov. Jim Justice vetoed the bill, citing concern from the medical community.

But this year, Gov. Patrick Morrisey has expressed support for wider vaccine exemptions. Senate Bill 460 would expand upon those outlined by the legislature last year.

The bill requires public and private schools to accept children who have received a religious or philosophical vaccine exemption. The bill modifies an original proposal from the governor, removing mandated reporting requirements for students receiving vaccine exemptions.

Using an annotated map to make her point on the Senate floor Friday, Sen. Laura Chapman, R-Ohio, said the law will bring West Virginia in line with other surrounding states.

“This law is not something crazy that anti-vaxxers want,” Chapman said. “This is bringing us up with 45 other states that realize that religious beliefs need to be respected, and they find that it’s safe and effective for public health to allow these children to have a religious or philosophical exemption.”

Many legislators spoke against the bill. 

Sen. Tom Takubo, R-Kanawha, said the bill’s passage undermines medical advice from nearly 30 West Virginia institutions. 

In a 16-minute floor speech, Takubo said that most constituents he has talked to don’t want this. Chief among them are private schools that would be required to accept unvaccinated students despite their own policies, he said. 

“The question for me (is) who wants this bill? It’s not religious schools. I mean, the vast majority are begging us, ‘Let us decide on our own,’” Takubo said. “It’s not parents. People of West Virginia have overwhelmingly spoken on this issue. It’s not the medical community.”

Aaron Siri, a civil lawyer who specializes in vaccine law, addressed the Senate Health Committee over video call last week, and spoke for an hour in support of the bill. 

“In Senate Health, the only proponent was a trial attorney from L.A. that makes his living — hundreds of thousands of dollars, his entire law firm — on suing on vaccine issues,” Takubo said. “Are we doing this for trial attorneys?”

Dr. Steven Eshenaur, the public health officer for the Kanawha-Charleston Health Department, says West Virginia children are especially at risk due to low vaccination rates for babies and toddlers. 

“West Virginia is different. We have one of the lowest immunization rates up through 24 months of age in the entire country,” Eshenaur said. “If those children are not immunized, we may see much, much, much lower immunization rates going into school than other states.”

Eshenaur added that the state could witness outbreaks in diseases like polio, which were nearly eradicated. 

“Unfortunately, we may have to learn the hard way through seeing the reintroduction of childhood diseases that spurred our predecessors, our grandfathers, our fathers, to pass laws to protect their children,” Eshenaur said.

Sen. Patricia Rucker, R-Jefferson, said current vaccine laws prohibit unvaccinated children from attending school and participating in extracurriculars.

“Compulsory immunization forces those West Virginians to choose between their religious belief and their children’s fundamental right to an education,” Rucker said.

Senate Bill 460 passed by a vote of 20 to 12. It now heads to the West Virginia House of Delegates for further consideration.