SB412 - Amending medical exemptions to state vaccination laws

2 Co-Sponsors

The purpose of this bill is to amend medical exemptions to state vaccination laws. The bill requires the physician submitting certification for medical exemption be licensed in West Virginia. The bill requires the physician submitting medical exemption to present facts of case to the State Immunization Officer. The bill creates a deadline for the State Immunization Officer to render initial and remand decision. The bill defines contents of the case file. The bill states that if a case is remanded for additional medical information and no additional medical information is submitted on remand, the State Immunization Officer's decision will be upheld. The bill creates an Immunization Appeal Oversight Board. The bill sets forth the board composition. The bill sets forth the timeframe for State Immunization Officer to transmit file. The bill sets forth the purpose of the board. The bill sets forth duties of the board. The bill sets forth the process and rate of payment for the board. The bill provides that the State Health Officer will review a random sample of the Immunization Officer's medical exemption approvals. The bill sets forth the document handling standards for personally identifiable information. The bill provides for immunity for the Board. The bill sets forth factors that may be considered by the board in rendering its decision. The bill provides a timeframe for the board to render its decision. The bill provides that a child may remain in school and day care pending review of the board and providing a transition time if the Immunization Officer's decision is upheld. The bill provides that a board member is not subject to subpoena. The bill provides the board's documents shall be made available to the court in redacted form upon the court's request. The bill provides the board's decision may be appealed. The bill provides penalties to the physician for unethical conduct including five or more overturned exemptions. Finally, the bill sets penalties for when the State Immunization Officer is found to have five or more overturned decisions in a two year period.