The Republican-led state legislature of West Virginia passed a bill on Saturday that grants certain students not enrolled in public schools to be excused from the state’s stringent vaccination mandates, which have been highly regarded as some of the strictest in the nation.

Despite Republican Senate Health and Human Resources Chair Mike Maroney, a trained doctor, objecting to the bill and calling it “an embarrassment,” it was ultimately approved. Maroney believes lawmakers are causing harm to the state.

“I made a promise to never cause harm. There is absolutely no way I can support this bill,” Maroney stated prior to the Senate’s 18-12 vote in favor of the bill. The House had previously passed a similar version of the bill in February and quickly approved the Senate’s version on Saturday, the final day of the state’s 60-day legislative session.

“I am disappointed to say that this proposed legislation would be detrimental for West Virginia, taking us in the wrong direction. There is no doubt that it will have negative consequences,” expressed Maroney. He further stated, “Being associated with this bill is disgraceful, and it should be viewed as such by everyone.”

West Virginia has one of the lowest life expectancy rates in the U.S. and a high percentage of children living in poverty. It is one of only two states that do not allow nonmedical exemptions for vaccinations in order for children to attend school, the other being California.

The state of Mississippi recently changed its policy in July, allowing individuals to use religious reasons as a basis for seeking exemption from mandatory vaccinations for children in order to attend day care or school, following a court decision.

The newly proposed legislation in West Virginia, which is awaiting approval from Republican Governor Jim Justice, permits virtual public school students to opt out and gives private and parochial schools the discretion to establish their own policies regarding exemptions for students.

Students in West Virginia who engage in school activities that involve competition, such as sports, are required to have received the necessary vaccinations.

The legislation states that parents are not permitted to take legal action against private schools, their owners, administrators, boards, or employees for their decision on granting exemptions. This is valid as long as the school informs families of the policy every year and when enrolling.

Maroney stated before presenting the bill in the Senate that he did not personally recommend its passage, but the health committee did recommend it.

The original purpose of the bill, when presented in the state House of Delegates, was to remove the mandate for vaccines among students attending virtual public schools. However, during review by a House committee, it was broadened to permit private schools to determine their own rules regarding vaccinations, unless the student is involved in official sports events.

The legislation also included a provision for exempting children from vaccinations based on religious beliefs, if a letter from their parents or guardians was presented. This provision was removed by the Senate.

At the recent Senate Health Committee meeting, Dr. Alvin Moss, a professor at West Virginia University School of Medicine, advocated for the bill. He believes that the current mandatory vaccination policy in the state goes against medical ethics as it does not allow for informed consent.

Moss stated that there is a growing number of parents who do not want their children to be vaccinated.

West Virginians for Health Freedom, a group that opposes mandatory vaccinations, had 300 families as members in 2017. According to Moss, by 2024, this number has increased to at least 3,000 members.

Chanda Adkins, a former Republican Delegate from West Virginia and member of a group, expressed during the meeting that families with religious beliefs should have the right to abstain from vaccinating their children.

The former president of the West Virginia Medical Association, Dr. Lisa Costello, had a different perspective, stating that the state’s current vaccination policy is considered the best in the country.

She stated that “West Virginia is considered a model for routine vaccinations for children,” and later emphasized, “Measles does not discriminate based on whether you attend a private or public school.”

In West Virginia, it is mandatory for children to be vaccinated against chickenpox, hepatitis-b, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus, and whooping cough, unless they have a medical exemption. However, COVID-19 vaccinations are not currently required in West Virginia.