House health advances vaccine exemption, raw milk bill

Dr. Steven Eshenaur, health officer for the Kanawha-Charleston Health Department, addresses members of the House Committee on Health and Human Resources about a bill that would exempt students attending public virtual school from school vaccine requirements on Tuesday, Feb. 23, 2024 in Charleston, W.Va. (Perry Bennett | West Virginia Legislative Photography)

A House of Delegates committee on Tuesday advanced a bill that would exempt students attending public virtual school from the requirements of school-mandated immunizations.

Under an amendment approved by the House Committee on Health and Human Resources Tuesday, students who participate in extracurricular activities like sports or clubs would still need the vaccines.

While all 50 states have vaccine requirements for kids attending school, West Virginia is one of five states that do not allow exemptions based on personal or religious beliefs. State law allows only medical exemptions for immunizations.

Dr. Steven Eshenaur, health officer for the Kanawha-Charleston Health Department, testified that he didn’t see “that big of an issue” with the amended bill because students going to a public school for activities would be required to be vaccinated to protect other students from illnesses including measles, mumps and rubella. In a group of students, some may have medical reasons for not having the vaccine and others may not develop antibodies, he said.

“That’s why we want to keep that herd immunity over 95 percent,” he said.

He said that the state’s immunization requirements have prevented it from outbreaks of measles, a highly contagious, potentially deadly disease.

“And as my epidemiologist was briefing me this morning, ‘well, there’s measles all around us, but not West Virginia.’ Pennsylvania, Maryland, Virginia, are battling these outbreaks, and we don’t want that here. It’s very contagious,” he said.

The bill will next be reported to the House Judiciary Committee for consideration.

The committee on Tuesday also advanced a bill that would allow the sale of raw milk. Consuming unpasteurized milk has been legal in West Virginia since 2016 through herd-sharing programs.

House Bill 4911 would permit selling raw milk as long as the containers are clearly labeled as ungraded raw milk. People who sell raw milk would be immune from lawsuit and liability for personal injury as long as the damage or loss was not caused by intentional or wanton misconduct.

House Health Committee members rejected an amendment from Del. Mike Pushkin, D-Kanawha, that would have removed the exemptions from liability for personal injury.

The bill will next be reported to the full House of Delegates for consideration.

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