In a surprise move, the West Virginia Senate Health and Human Resources Committee breathed new life into a previously defeated vaccine exemption bill by attaching it to a completely unrelated piece of legislation — a strategy some lawmakers say crosses legal lines.
The bill in question, House Bill 2776, was originally focused on alpha-gal syndrome — a tick-related food allergy — and required positive test results to be reported to the CDC. But on Monday, the committee amended the bill to include a revised version of Senate Bill 460, a vaccine exemption bill that had already failed in the House by a 42–56 vote just weeks earlier.
A “Fat Possum” Move at the Midnight Hour
The amendment sparked heated debate, with Sen. Joey Garcia (D-Marion) referring to the last-minute move as a “fat possum” — a reference to political maneuvering in the final days of a legislative session.
Garcia argued that the vaccine exemption amendment had nothing to do with the alpha-gal bill, making it a violation of Article VI, Section 30 of the West Virginia Constitution, which prohibits legislation from covering more than one subject. His objection was overruled by Senate Health Committee Chair Laura Wakim Chapman (R-Ohio).
What the Amendment Would Do
The amendment reintroduces school-age vaccine exemptions in two major ways:
- Medical exemptions: A doctor, physician assistant, or nurse practitioner could provide written proof for a child to be exempt from mandatory vaccinations.
- Religious exemptions: Parents or guardians could submit an annual notarized statement of religious objection after reviewing state-provided educational materials about immunizations.
The proposal would also:
- Exempt full-time virtual public school students from vaccine requirements.
- Require schools to report data on the number and percentage of exempted students, making that information available to parents.
Currently, state law mandates children be immunized against diphtheria, pertussis, tetanus, polio, measles, mumps, rubella, varicella, and hepatitis B before attending school unless they qualify for a medical exemption.
Health Experts Warn of the Risks
Sen. Tom Takubo (R-Kanawha), a physician, strongly opposed the amendment. He warned that loosening vaccine requirements could lead to a dangerous drop in herd immunity, especially among preschool-aged children — a group already lagging in vaccination rates in West Virginia.
“We’re the worst vaccinated state in the country until it’s time to go to school — then we become one of the best,” Takubo said. “If we change this, we risk going from one of the best to one of the worst again, and fast.”
He also pointed to recent disease outbreaks in states like Texas and New Mexico as a preview of what could happen in West Virginia if vaccine rates fall.
What’s Next?
The bill’s sudden revival and controversial bundling raise questions about both the legality and public health consequences of the move. With just days left in the legislative session, tensions are high, and all eyes are now on whether this “fat possum” will make it across the finish line.
As lawmakers push forward, West Virginia parents and health professionals are left wondering:
Will the state protect public health — or put children at greater risk?
