W. Va. Code R. § 64-95-3

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 64-95-3 - Interpretive Rule

As it is the intent of W. Va. Code § 16-3-4, to provide for the compulsory immunization of all children enrolled in a public, private, or parochial school in this state, or a state-regulated child care center, and as it is consistent with the Commissioner's authority to (1) enforce the public health laws of this State; and (2) require additional immunizations for public health purposes, the Bureau for Public Health interprets W. Va. Code § 16-3-4, to include:

3.1. Dosage and interval schedules based upon the most current recommendations issued by the U.S. Department of Health and Human Services, Advisory Committee on Immunization Practices (ACIP), the American Academy of Pediatrics (AAP), the American Academy of Family Physicians (AAFP) and the Centers for Disease Control and Prevention (CDC), for the following immunizations:

3.1.a. Diphtheria - the specific dosage and interval schedules are contained in section 4;

3.1.b. Hepatitis B - the specific dosage and interval schedules are contained in section 5;

3.1.c. Mumps - the specific dosage and interval schedules are contained in section 7;

3.1.d. Pertussis (Whooping Cough) - the specific dosage and interval schedules are contained in section 4;

3.1.e. Poliomyeltis (Polio) - the specific dosage and interval schedules are contained in section 8;

3.1.f. Rubella- the specific dosage and interval schedules are contained in section 9 of this rule;

3.1.g. Rubeola (Measles) - the specific dosage and interval schedules are contained in section 6;

3.1.h. Tetanus- the specific dosage and interval schedules are contained in section 4;

3.1.i. Varicella (Chickenpox) - the specific dosage and interval schedules are contained in section 10; and

3.1.j. Meningococcal (meningitis) - the specific dosage and interval schedules are contained in section 11;

3.2. Dosage and interval schedules based upon the most current recommendations issued by the U.S. Department of Health and Human Services, Advisory Committee on Immunization Practices (ACIP), the American Academy of Pediatrics (AAP), the American Academy of Family Physicians (AAFP) and the Centers for Disease Control and Prevention (CDC), for children entering state-regulated child care centers as contained in section 12;

3.3. Recommended, but not required, vaccines for children as contained in section 13;

3.4. Criteria for determining compliance with compulsory immunization requirements of W. Va. Code § 16-3-4, as contained in section 14;

3.5. Methods for documenting proof of immunity as contained in section 15;

3.6. Determining eligibility for a medical exemption from the compulsory immunization requirements of W. Va. Code § 16-3-4, as contained in section 16; and

3.7. The process for requesting a medical exemption from the compulsory immunization requirements of W.Va. Code § 16-3-4, and process for making a determination as to whether a there is sufficient medical evidence that an immunization is contraindicated or there exists a specific precaution to a particular vaccine, as contained in section 17;

W. Va. Code R. § 64-95-3