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Vaccination policy keeps W.Va. off the list

3 min read
HOPPY KERCHEVAL

Whenever I see one of those “ranking” stories about the states, I brace myself. Is this going to be another report on some measure where West Virginia finishes near the bottom?

But the latest list brought welcome news for our state.

Recent stories based on a Centers for Disease Control and Prevention report on the rise in measles cases across the country were positive for West Virginia--because the state was not on the list. That is no accident. It is the result of one of the nation’s most effective school vaccination laws.

The CDC identified seven states with the largest outbreaks--South Carolina, Utah, Texas, Virginia, Florida, Pennsylvania and Arizona. Those states account for 84% of all U.S. measles cases so far this year. The CDC has confirmed only a singular case in West Virginia--an unvaccinated resident of Barbour County.

The big reason the Mountain State has avoided an outbreak of this dangerous disease is its mandatory immunization law. West Virginia Code 16-3-4 states that no child may be admitted to a public or private school or state-regulated child care center until he or she has been immunized against a range of childhood diseases, including measles.

The only exemption is a medical one, certified by a licensed physician who determines that a required vaccine is contraindicated because of a child’s medical condition.

However, West Virginia’s success on this front--and the health of its children--now hang in the balance.

Gov. Patrick Morrisey has consistently argued that the state’s religious freedom law allows parents to refuse required vaccinations for religious reasons. Shortly after taking office, he issued an executive order directing families seeking religious exemptions to apply through the state Department of Health.

The question is now before the West Virginia Supreme Court: Does the state’s religious liberties law, passed in 2023, permit religious exemptions to the school vaccination requirements, as Morrisey argues? Or does the state have a compelling public interest in requiring immunizations to protect children’s health?

All the briefs have been filed, and the Court begins its next regular term on Sept. 2. The justices may schedule oral arguments, or they may decide the case based solely on the written filings. We will have to wait and see.

It is also worth noting that Health and Human Services Secretary Robert F. Kennedy Jr. now publicly supports the measles vaccine. During an interview Sunday with Dana Bash on CNN, Kennedy said, “Parents should get their children vaccinated for measles. The measles vaccine is effective.”

Better late than never, perhaps. For years, Kennedy questioned the safety and effectiveness of the MMR (measles, mumps, and rubella) vaccine while promoting claims that conflicted with the scientific consensus. His campaigning discouraged some parents from vaccinating their children and encouraged some lawmakers to expand the exceptions.

In the meantime, the West Virginia Department of Education has instructed county school systems to follow the existing law. That means children entering school for the first time in the coming weeks must be properly immunized. Health officials say doses of the measles vaccine are 97% effective at preventing the disease.

As a result, West Virginia’s children have a far better chance than children in nearly every other state of avoiding this highly contagious disease when they head back to school. That makes West Virginia a leader, not an outlier.

Whether that remains true may depend on the state Supreme Court’s ruling. If the Court upholds the existing vaccination requirements, West Virginia is more likely to remain off the dreaded list of states where measles is spreading.

Starting at /week.