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Lawsuit Claims New W.Va. Vaccine Rule Illegal

Posted: 11:30 AM Aug 10, 2012

CHARLESTON, W.Va. (AP) -- The West Virginia Department of Health and Human Resources is being sued by six families who claim the agency can't impose new vaccine requirements for schoolchildren.

Beginning in the fall, seventh-graders and 12th graders must be vaccinated for tetanus, diphtheria, pertussis and meningitis. Those who aren't vaccinated cannot attend public schools.

The lawsuit recently filed with the state Supreme Court claims the DHHR overstepped its authority.

Delegate Patrick Lane represents the plaintiffs. The Kanawha County Republican tells the Charleston Daily Mail (http://bit.ly/Oa53ue ) that the DHHR can't require vaccines without the Legislature's approval.