West Virginia 2023 Regular Session

West Virginia Senate Bill SB255

Introduced
1/17/23  

Caption

Prohibiting discrimination against patients for declining or delaying vaccines

Impact

The enactment of SB255 will significantly alter the landscape of health care regulations in West Virginia by protecting patients' choices regarding vaccinations. Healthcare providers will be prevented from dismissing patients or withdrawing services based solely on vaccination choices. Additionally, insurance companies are prohibited from penalizing policyholders for vaccine-related decisions, further solidifying the rights of patients under this law. This bill aims to create a non-coercive environment where individuals feel empowered to make informed health decisions without the fear of negative repercussions.

Summary

Senate Bill 255, known as the Informed Consent for Vaccinations Protection Act, aims to create a framework for informed consent regarding vaccinations in West Virginia. The bill establishes the right of patients and guardians to be fully informed about the risks and benefits associated with vaccinations, and mandates that they cannot be coerced or discriminated against for choosing to delay or decline such interventions. Healthcare practitioners and facilities are explicitly prohibited from engaging in discriminatory practices against patients who exercise their right to informed consent, including harassment or threats for declining vaccinations.

Sentiment

The sentiment surrounding SB255 tends to be polarized. Proponents view the bill as a crucial protection for personal liberties and parental rights, arguing that it preserves the autonomy of individuals in health-related decisions. They celebrate it as a victory in guarding against medical coercion. Conversely, opponents express concerns that the bill could undermine public health initiatives aimed at maintaining high vaccination rates, potentially leading to increased outbreaks of preventable diseases. The debate reflects a broader national conversation regarding individual rights versus community health responsibilities.

Contention

Discussions around SB255 have highlighted notable points of contention, particularly concerning public health safety and individual freedoms. Opponents of the bill warn that by protecting those who decline vaccinations, it may contribute to lower vaccination rates, which can have detrimental effects on community immunity. Supporters counter that the law does not prevent the sharing of information regarding vaccines but rather ensures that consent is truly informed and voluntary. This tension between maintaining public health standards and upholding personal choice defines the ongoing debate about the bill's implications.

Companion Bills

No companion bills found.

Previously Filed As

WV SB599

Relating to patient's rights and informed consent for vaccinations

WV SB520

Informed Consent for Vaccinations Protection Act

WV S2386

Requires written consent by recipient or parent before vaccine and prohibits discrimination against those who don't vaccinate and fines up to $25,000 for violation. Also prohibits DCYF from investigating for failure to vaccinate.

WV S0469

Requires written consent by recipient or parent before vaccine and prohibits discrimination against those who don't vaccinate and fines up to $25,000 for violation. Also prohibits DCYF from investigating their for failure to vaccinate their child.

WV HB1422

Vaccine Discrimination and Transparency Act; create.

WV SB1669

Relating to prohibited discrimination regarding vaccination status and mandates for receiving or participating in the administration of vaccines; authorizing administrative penalties.

WV SB2755

"Vaccine Discrimination and Transparency Act"; prohibit coercion related to vaccination.

WV HB1100

Prohibit Discrimination COVID-19 Vaccine Status

WV HB512

COVID-19 immunization; prohibition on requirement, discrimination prohibited.

WV HB27

COVID-19 vaccination status; mandatory COVID-19 vaccination prohibited, discrimination prohibited.

Similar Bills

CA AB1025

Standby Caretaker Act.

CA SB1279

Guardian ad litem appointment.

NJ A4000

Establishes Office of Professional Corporate Guardians.

NJ S3148

Establishes Office of Professional Corporate Guardians.

TX SB1325

Relating to authorizing counties to establish public guardians to serve as guardians for certain incapacitated persons.

CA SB303

Guardians and conservators: compensation: residence of conservatee.

WV HB2035

Establishing pilot program for Public Guardian Ad Litem Services

CA AB1378

Standby guardianship of minors.