Health care providers applaud Justice veto of vaccine bill

Medical and public health organizations are applauding Gov. Jim Justice for rejecting a Republican-backed bill that would have weakened the state’s strong school-mandated vaccination laws. 

Just hours before Wednesday night’s deadline for him to act on legislation, Justice vetoed House Bill 5105, which would have allowed private and parochial schools to set their own vaccination policies and allowed students attending virtual public schools to be exempt from the state’s school vaccine mandates. 

West Virginia has long been among the states with the strongest school vaccination laws in the country. All states require school students to be vaccinated against a series of infectious diseases like measles and mumps. West Virginia is among five states in the country that allows only medical exemptions — not religious or philosophical exemptions — to those requirements. 

In his veto message Wednesday afternoon, Justice said that since the bill passed he has heard consistent opposition to it from the state’s medical community, the majority of whom said the legislation would do irreparable harm “by crippling childhood immunity to diseases such as mumps and measles,” Justice said.

Dr. Lisa Costello, a pediatrician with WVU Medicine, said she’s grateful about the governor’s decision both as a physician and the parent of a toddler. 

“That means we’re going to be able to keep protecting our children and communities from deadly yet preventable diseases and we’ll be keeping West Virginia a national leader when it comes to school immunization policy,” Costello said. 

Costello said many organizations, including the American Academy of Pediatrics and the West Virginia State Medical Association met with members of Justice’s staff and tried to provide data and science behind the importance of immunizations. 

“I think the governor’s decision speaks to what he always says that he does,” she said. “He likes to look at the numbers, he looks at the data, and he takes advice and listens to everyone and takes the advice of the medical community. And we’re grateful that he did that on this particular issue. 

“So we really tried to provide the information that is known about the importance of immunizations and why the policy we have here in West Virginia is really the model policy for the nation,” Costello said.

MetroNews reported Thursday that supporters say the legislation may be back next year, when the state will have a new governor. 

While health care groups are breathing a sigh of relief, Costello said, they cannot allow themselves to become complacent and take for granted the state’s strong immunization policies. 

“Immunizations help protect not only the person getting the immunization but also when we have high enough immunizations in our community, it helps protect those around us as well, who might be at even higher risk,” Costello said. “So I certainly think we need to not be complacent, because what we have in West Virginia is a really good thing, and this year, it was very close to being changed. Thanks to the governor’s leadership, that didn’t happen. But we have to certainly continue to raise our voices moving forward.”

The House of Delegates voted 57 to 41 to pass a version of the bill that would have also allowed all students to be exempted from school-mandated vaccines for religious reasons. The Senate passed the bill — without the religious exemption provision — with a 20 to 12 vote over the objection of Health Committee Chairman Sen. Mike Maroney, a physician, on the last night of the regular session. 

In a statement Wednesday, Dr. Kevin Yingling, CEO of Marshall Health Network, thanked the governor for his decision to veto the bill. 

“Eliminating once-debilitating diseases, such as polio, tetanus, measles and mumps through immunization was a victory for medicine,” Yingling said. “We thank Gov. Justice for preserving that victory for West Virginia by vetoing HB 5105. We are extremely pleased that our state’s effective immunization policies will remain strong to protect our youth and those at most risk.”

Dr. Steven Eshenaur, health officer and executive director for the Kanawha-Charleston Health Department said Justice’s leadership in vetoing the bill is inspiring. 

“Thank you, Gov. Justice,” Esheanur said. ‘Your veto letter shows us that you listened not only to the science and data presented by a multitude of medical professionals, but you heard and understood the concerns about the lasting impact of HB 5105 on the health of the state’s children from the adults closest to it — parents, teachers and school administrators. You’ve done a truly positive thing for the Mountain State.”

Likewise, the American Academy of Pediatrics and its West Virginia chapter applauded Justice for vetoing the bill. Vaccines help protect children and their communities, the statement said. 

“At a time in which pediatricians across the country are seeing an alarming decrease in childhood immunizations and the reemergence of long-dormant diseases like measles, dangerous policies like HB 5105 have no place in our schools,” they said. “In rejecting this measure, Gov. Justice has established West Virginia as a model for other states to follow.

 Immunizations remain the best tool at our disposal for fighting vaccine-preventable diseases. We thank Gov. Justice for listening to pediatricians and putting kids first.”

A handful of Republican lawmakers expressed their disappointment in the governor’s veto. 

Sen. Mike Stuart, R-Kanawha, who is running to be the state’s attorney general, called HB 5105 narrow and a “good compromise.”

“45 states have far more flexible vaccine requirements for children,” Stuart said on the social media platform X. “The WV bill was extremely narrow and a good compromise. Disappointed but I respect the veto. Today’s veto assures vaccine freedom is a top issue next year, taking time away from other critical areas.

“Disappointed in the vaccine veto,” he continued. “A very narrow bill. Virtual public schools? Of course mom and dad should decide if Johnny is vaccinated if he’s taking online classes. Private parochial schools? Govt has messed up public schools and ought to leave private schools alone.”

Del. Elias Coop-Gonzoles, R-Randolph, called Justice “corrupt” and said his veto of the bill is “unbelievable.” 

“Make sure to keep this man out of the US Senate,” he said on X. “Freedom is the creed of West Virginia, and we won’t forget this at the ballot box!”

Del. Amy Summers, R-Taylor, posted on X that parents of children who do not want to vaccinate already do not enroll their kids in public school. 

“This just gives them other educational choices,” she said. “It’s that simple. Now if we were talking religious exemptions then the arguments would be worthwhile.”