Gov. Jim Justice is facing pressure to veto a bill that would weaken vaccine requirements for schools across the state.
Justice has until midnight Wednesday to sign bills approved during the recently completed legislative session. One of those bills, , has faced backlash from professionals in the fields of education and health care who say it will harm the state’s vaccination rates and could endanger children.
The bill would eliminate vaccine requirements for students attending public virtual schools, private schools and parochial schools, with the exception of those participating in sanctioned athletic events organized by the West Virginia Secondary School Athletics Commission.
The measure also includes religious exemptions, allowing parents or guardians to opt out of vaccination requirements based on religious beliefs. The legislation has sparked significant debate, with concerns raised about its potential negative impact on public safety and the risk of diseases resurfacing due to decreased immunization rates.
Voices urging a veto
The West Virginia Association of School Nurses, as well as the state Association of Nurse Anesthetists, along with others, that, as of press time Tuesday, had more than 3,600 signatures from people who want Justice to veto the bill.
The American Academy of Pediatrics, which includes a state chapter, has also been a vocal opponent of the legislation, authoring a letter to Justice asking for a veto.
“HB 5105 permits not just individual students but entire private and parochial schools from opting out of West Virginia’s long-standing school-entry immunization requirements,†the letter states. “In doing so, students, teachers, and the communities in which they are located will be more vulnerable to outbreaks of vaccine-preventable disease.â€
The letter was signed by Drs. Ben Hoffman, president of the American Academy of Pediatrics; Beth Bloom Emrick, president, and Jennifer Gerlach, vice president, West Virginia Chapter of the AAP; and Lisa Costello, immediate past president of the West Virginia Chapter.
While West Virginia consistently ranks below average in several metrics, one area where it excels is childhood immunization, Costello said in an interview Monday.
Costello said every state that borders West Virginia has seen an uptick in cases of measles. This coincides — most of the time — with reductions in immunization rates, she said.
“With any policy change that would, perhaps, reduce those immunization rates — like the bill sitting on the governor’s desk right now — we’re going to increase the risk of these preventable illnesses coming back and affecting children,†Costello said.
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Kanawha County Commissioner Kent Carper also supports a veto of House Bill 5105.
“By vetoing this bill, the Governor will take a strong stance to show the importance of protecting our vulnerable populations, including young children and seniors,†Carper said in a news release Tuesday.
“I was one of the first elected officials to take a stance on this bill and [to] state that enacting such a law only hurts those who need protection,†he said. “I stand with all who see the importance of vaccines, especially those for our school-age students.â€
What will Justice do?
Justice has not confirmed that he will veto the legislation. But during recent administration briefings, he acknowledged that he has received numerous calls from people asking him not to sign the bill.
West Virginia Education Association President Dale Lee said he believes Justice will not undo the state’s progress in childhood immunization rates.
“The governor has stated over and over that he looks out for the safety of our students and our educators. I stand with the governor and hope that he will veto the bill,†Lee said. “We don’t want to turn back the clock and have the possibility of childhood diseases that have been eradicated come back. You’re seeing this in other states, but not here. And that’s a direct reflection on us being one of the leaders in the nation in immunization of our kids.â€
The American Civil Liberties Union of West Virginia also opposes the bill on the grounds that vaccinations protect the most vulnerable members of society.
“While we do not support blanket vaccine mandates in all cases, we also do not see a civil liberties problem when it comes to the current vaccine policies in West Virginia schools,†the organization wrote in a post on its website. “Vaccines required under West Virginia law are safe and effective at preventing highly transmissible and harmful diseases and it is reasonable to require them in order to attend a school.â€
Supporters of the legislation said even if this bill fails to gain Justice’s approval, more will follow in future legislative sessions.
“’IF’ there is an unfortunate veto of the minor immunization bill, it is but one small battle in the war for freedom,†Sen. Mike Stuart, R-Kanawha, said in a . “Next year, there will be many more conservatives in the Legislature, and next year’s bill won’t be so small. We will go for full religious exemptions.â€
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