Virginia Legislature mandates Vaccines for COVID-19 for all school children
by Carolyn Hendler, JD and Barbara Loe Fisher
Published June 15, 2020 | Opinion
In the 2020 Legislative session, the Virginia Legislature passed H.B.1090, a bill that amended a law requiring children attending public and private schools in the state to receive vaccines (§ 32.1-46. Immunization of patients against certain diseases).1 Virginia Delegate Patrick Hope (D-Arlington) was the lead sponsor of H.B. 1090 introduced on Jan. 8, 2020, which proposed to automatically mandate that children enrolled in daycare or school receive all current and future vaccines recommended by the federal Advisory Committee on Immunization Practices (ACIP).
The final bill, passed by the Senate in March, granted Governor-appointed members of the Virginia Board of Health the authority to add federally recommended vaccines to the schedule required for school attendance with the exception of the annual influenza vaccination. The bill included an exemption from the requirements of Article 2 of the Administrative Process Act (§ 2.2-4006 et seq. of the Code of Virginia), effectively blocking Virginia citizens and elected legislators from participating in the decision-making process that creates new vaccine mandates for children.
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