West Virginia Lawmakers Approve HB 5105 Granting Religious Exemptions from Vaccines

Last week, the West Virginia House of Delegates commenced consideration of House Bill 5105, initially proposing the removal of vaccine requirements for public virtual schools not involved in extracurricular activities or sports in public school settings.

Vaccination Exemptions in Some Schools Only

The bill was later expanded to include the elimination of vaccine mandates for students in public virtual schools, private schools, or parochial schools, unless they participate in sanctioned athletic events, and introduced a religious exemption from vaccine requirements.

Subsequently, it was further amended to explicitly permit vaccine exemptions for any child if parents or guardians provide a letter stating religious reasons. It remains unclear whether the religious exemption will be relevant to students attending in-person public schools.

The bill is now set for Senate debate and, if passed, will advance to Gov. Jim Justice's desk for possible enactment into law.

Before this regulation, West Virginia's absence of non-medical vaccine privilege, whether for religious or philosophical faith, as per the National Conference of State Legislatures.

Currently, West Virginia requires children to receive at least one dose of numerous vaccines before entering school, excluding the COVID-19 vaccine.

County health departments in West Virginia are ordered to provide vaccines for children if parents or guardians are incapable to afford or access them.

Medical privilege requires a physician's examination or medication of the child, and the privilege request must be submitted to the state Immunization Officer of the Bureau for Public Health.

Vaccination Improves Student Attendance

According to the latest report from the Centers for Disease Control and Prevention, less than 0.1% of kindergarten-age students in West Virginia were free from vaccines for the 2022-23 school year, reflecting the minimum privilege rate nationally.

West Virginia's stringent vaccination laws have contributed to improved attendance rates for students and staff, as reported by the state's Department of Education.

Delegate Chris Pritt, a bill sponsor and Republican representing Kanawha County, expressed the view that the bill grants medical freedom to West Virginians, emphasizing the importance of allowing parents to make decisions regarding vaccination.

However, health officer Dr. Steven Eshenaur of the Kanawha-Charleston Health Department criticized the bill, arguing that it undermines decades of progress in vaccine development and testing, potentially reversing the protective measures established by vaccination policies.

Eshenaur asserted that opposing vaccination equates to supporting disease.

West Virginia, in passing a bill through the House of Delegates on Monday, is set to join 45 other states in permitting religious exemptions from mandatory childhood vaccines required for school enrollment.

This religious exemption is part of a broader bill that grants private schools the authority to decide on vaccine mandates.

The amendment incorporating the religious exemption passed on Friday, leading to the overall bill's approval with a 57-41 vote on Monday.

The legislation now moves to the state Senate, with its chances of passage remaining uncertain. The Senate faces a tight deadline, as the regular 60-day session concludes on March 9.