Revising requirements and process for compulsory immunization exemptions

SB 26 Text

skip navigation

SENATE

PRESIDENT

SENATORS

COMMITTEES

VIDEO/AUDIO

DISTRICT MAPS

SENATE CLERK

SENATE RULES

HOUSE

SPEAKER

DELEGATES

COMMITTEES

VIDEO/AUDIO

DISTRICT MAPS

HOUSE CLERK

HOUSE RULES

HOUSE STAFF

JOINT

INTERIM COMMITTEES

LEGISLATIVE ADMINISTRATOR

LEGISLATIVE SERVICES DIVISION

PUBLIC INFORMATION

LEGISLATIVE AUTOMATED SYSTEMS DIVISION

LEGISLATIVE AUDITOR'S OFFICE

PERFORMANCE EVALUATION & RESEARCH DIVISION

POST AUDIT DIVISION

BUDGET DIVISION

REGULATORY AND FISCAL AFFAIRS DIVISION

CLAIMS COMMISSION

CRIME VICTIMS

RULE-MAKING REVIEW

SPECIAL INVESTIGATIONS

JUDICIAL COMP. COMMISSION

JOINT RULES

STAFF INFO

BILL STATUS

BILL STATUS

BILL TRACKING

STATE LAW

WEST VIRGINIA CODE

ACTS OF THE LEGISLATURE

CODE OF 1931

WV CONSTITUTION

US CONSTITUTION

REPORTS

AGENCY REPORTS

AGENCY GRANT AWARDS

PERFORMANCE EVALUATIONS

POST AUDITS

EDUCATIONAL

CITIZEN’S GUIDE

INTERNSHIP PROGRAM

PAGE PROGRAM

PUBLICATIONS

PHOTO GALLERY

CAPITOL HISTORY

HOW A BILL BECOMES LAW

CONTACT

SENATE ROSTER

HOUSE ROSTER

PUBLIC INFO.

NEWS RELEASES

HELPFUL LINKS

Introduced Version

Senate Bill 26 History

|
Email

Key:
Green
= existing Code.
Red
= new code to be enacted

WEST virginia legislature
2026 regular session
Introduced
Senate Bill 26
By Senator Rose
[Introduced January 14, 2026; referred
to the Committee on Health and Human Resources]
A BILL to amend and reenact §16-3-4 of the Code of West Virginia, 1931, as amended, relating to exemptions for compulsory immunization requirements; removing reporting requirements; revising medical exemption process; eliminating position of State Immunization Officer; permitting religious exemption to mandatory vaccination requirements; permitting philosophical exemption to mandatory vaccination requirements; and permitting injunctive relief for violations of this section.
Be it enacted by the Legislature of West Virginia:

ARTICLE 3. PREVENTION AND CONTROL OF COMMUNICABLE AND OTHER INFECTIOUS DISEASES.

§16-3-4. Compulsory immunization of school children; information disseminated; 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 childcare center.
(b)
Except as hereinafter provided, a

A
child entering school or a state-regulated childcare center in this state must be immunized against chickenpox, hepatitis-b, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus, and whooping cough,
except as otherwise set forth in this section.
(c) No child or person may be admitted or received in any of the schools of the state or a state-regulated childcare 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 requirements of this section,
except as otherwise set forth in this section.
(d) Any school or state-regulated child care center personnel having information concerning any person who attempts to be enrolled in a school or state-regulated child care center without having been immunized against 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)
(d)
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,
except as otherwise set forth in this section.
(f)
(e)
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)
(f)
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)
(g)
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 immunization requirements of this section, on a statewide basis, and delegate to the Immunization Officer the authority granted to the commissioner by this subsection.
(3) A person appointed and employed as the Immunization Officer 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 appealed to the State Health Officer.
(5) The final determination of the State Health Officer is subject to a right of appeal pursuant to the provisions of article five, chapter twenty-nine a of this code.
(i) A physician who provides any person with 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

(h) A child shall be exempt from the mandatory vaccination requirements of this section as to a specific immunization for any period of time as to which a physician, physician assistant, or nurse practitioner provides a written statement to the administrator of the child’s school or operator of the state-regulated childcare center that specific immunizations are or may be detrimental to the child’s health or are not appropriate.
(1) A licensing board shall not take any disciplinary action against a physician, physician assistant, or nurse practitioner who provides a written statement as set forth in subsection (h); and
(2) A physician, physician assistant, or nurse practitioner who provides a written statement, as set forth in subsection (h), shall not otherwise be subject to any penalty administrative or criminal in nature, related to the letter issued in subsection (h).
(i) A child shall be exempt from the mandatory vaccination requirements of this section if a parent, a guardian of the child, or an emancipated child, presents a written statement
to the administrator of the child’s school or operator of the state-regulated childcare center
to the effect that the mandatory vaccination requirements of this section cannot be met because of a religious conviction or philosophical belief.
(j) Any person harmed by a violation of this section may seek injunctive relief in a court of competent jurisdiction.

NOTE: The purpose of this bill is to create exemptions to mandatory vaccination requirements to accommodate religious conviction and philosophical beliefs. The bill also revises the existing medical exemption process and eliminates the position of the State Immunization Officer. The bill permits injunctive relief for violations of this section.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

Bill Status
|

Bill Tracking
|

Legacy WV Code
|

Bulletin Board
|

District Maps
|

Senate Roster
|

House Roster
|

Live
|

Blog
|

Jobs
|

Links
|

Home

This Web site is maintained by the
West Virginia Legislature's Office of Reference & Information.
|
Terms of Use
|

Webmaster
| © 2026 West Virginia Legislature **

Print On Demand

Name:

Email:

Phone: