Bill
HB 5090
Prohibits vaccination mandates for school admission in West Virginia, removing required immunizations as a condition of enrollment while preserving medical exemptions and statewide
HB 5090 Summary – West Virginia, 2026 Session
Title: To eliminate all vaccine requirements for school children
Purpose
- Proposes to prohibit mandates for vaccinations as a condition of admission to public schools, private schools, parochial schools, and state-regulated child care centers in West Virginia.
- The bill’s stated aim is to remove compulsory immunization requirements as a prerequisite for school enrollment.
Key Provisions (substantive changes)
- Current law targets: The bill targets the compulsory immunization requirements described in §16-3-4. It seeks to prohibit the requirement that children be immunized against a list of diseases as a condition of admission.
- Immunization requirements (to be removed as a condition of admission):
- Chickenpox (varicella)
- Hepatitis B
- Measles
- Meningitis
- Mumps
- Diphtheria
- Polio
- Rubella
- Tetanus
- Whooping cough (pertussis)
- Exemptions and information
- The bill contemplates exemptions from immunization requirements still existing only to the extent medical exemptions are provided in current law, and would shift to prohibit mandates as a condition of admission, rather than outright elimination of all immunizations per se (the text suggests preserving medical exemption processes but reorients them under a broader prohibition on school vaccine mandates).
- It would affect the process by which exemptions are requested and granted, including a potential role for an Immunization Officer who would review exemption requests on a statewide basis and appeal pathways to the State Health Officer.
- Administrative and enforcement mechanisms
- The Immunization Officer would have authority to grant, renew, condition, deny, suspend, or revoke exemptions, with appeals up the chain to the State Health Officer.
- Medical certification would be required for exemption requests (licensed physician certification that immunization is contraindicated or that there is a precaution to a particular vaccine).
- Penalties for false immunization certificates: Physicians or providers issuing false certificates can be charged with a misdemeanor and fined $25 to $100.
- Penalties and offenses
- The bill would criminalize the issuance of false immunization certificates.
- Funding and services
- County health departments would continue to provide vaccines at no cost or low-cost to families who attest they cannot afford vaccines, aligning with existing public health practice.
Who would be affected
- Students: The practical effect would be to remove mandatory vaccination as a prerequisite for school or state-regulated child care center enrollment.
- Families: Parents/guardians seeking enrollment for their children would no longer be required to provide proof of immunization as a condition of admission; exemptions would be processed via a statewide mechanism.
- Health care providers: Physicians and other providers would certify exemptions and could be subject to penalties for false certificates; immunization officers would engage in exemption determinations.
- Immune/Immunization Program: Immunization Officer and related administrative processes would be involved in exemption determinations and appeals.
Procedural and timeline aspects
- Status: Introduced February 3, 2026; referred to the House Committee on Education, then Health and Human Resources.
- Next steps: The bill would need committee vetting, potential amendments, and a vote in the House before moving to the Senate for consideration. If passed, it would require signing by the governor to become law and would take effect according to any specified implementation language (not detailed in the text provided).
Notes
- The bill’s language includes strike-throughs and additions; the wording indicates a shift from mandatory immunization as a prerequisite to a prohibition on mandates, while retaining certain administrative processes for exemptions and false certificate penalties.
- As introduced, this bill would represent a significant policy shift in West Virginia’s approach to school-entry immunization requirements.
Compiled from official sources — confirm details with the bill’s official record.
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