HB 1090 — Immunizations; regulations by State Board of Health.
Last action — Enacted, Chapter 1223 (effective 7/1/21)
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✓Introduced
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✓In Committee
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✓Passed House of Delegates
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 07, 2020. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
-
Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Mixed recorded votes
12 passed, 1 failed in recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
Required immunizations; report. Amends the minimum vaccination requirements for attendance at a public or private elementary, middle or secondary school, child care center, nursery school, family day care home, or developmental center. The bill also requires the State Board of Health to amend the State Board of Health Regulations for the Immunization of School Children as necessary from time to time to maintain conformity with evidence-based, routinely recommended vaccinations for children and to provide for a 60-day public comment period prior to the adoption of the regulations. In addition, the Department of Health and the Department of Education are directed to jointly review immunization requirements in the Code of Virginia and report to the House Committee on Health, Welfare and Institutions and the Senate Committee on Education and Health on the effectiveness of the required vaccination program in promoting public health by December 1, 2021.
Bill Text
What changed in the latest version
231 added · 7 removedPlain-language change summary
The amendments to Bill HB 1090 primarily clarify vaccination requirements for children attending child care facilities, nursery schools, and day care homes. Notably, the requirement for the human papillomavirus (HPV) vaccine has been changed from three doses to two doses, with the first dose to be administered before a child enters seventh grade. This adjustment is important as it may ease the vaccination schedule for families while still ensuring children receive important immunizations. Additionally, the process for adopting future regulations related to vaccinations will now include a public comment period, promoting transparency and community involvement in health policy decisions.
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SESSION history | hilite | pdf | print version VIRGINIA ACTS OF ASSEMBLY -- CHAPTER An Act to amend and reenact § 32.1-46 of the Code of Virginia, relating to required immunizations.
[H 1090] Approved Be it enacted by the General Assembly of Virginia:
1.
That § 32.1-46 of the Code of Virginia is amended and reenacted as follows:
§ 32.1-46.
Immunization of patients against certain diseases.
A.
The parent, guardian or person standing in loco parentis of each child within this Commonwealth shall cause such child to be immunized in accordance with the Immunization Schedule developed and published by the Centers for Disease Control and Prevention (CDC), Advisory Committee on Immunization Practices (ACIP), the American Academy of Pediatrics (AAP), and the American Academy of Family Physicians (AAFP).
The required immunizations for attendance at a public or private elementary, middle or secondary school, child care center, nursery school, family day care home, or developmental center shall be those set forth in the State Board of Health Regulations for the Immunization of School Children.
The Board's regulations shall at a minimum require:
1.
A minimum of three properly spaced doses of hepatitis B vaccine (HepB).
2.
A minimum of three or more properly spaced doses of diphtheria toxoid.
One dose shall be administered on or after the fourth birthday.
3.
A minimum of three or more properly spaced doses of tetanus toxoid.
One dose shall be administered on or after the fourth birthday.
4.
A minimum of three or more properly spaced doses of acellular pertussis vaccine.
One dose shall be administered on or after the fourth birthday.
A booster dose shall be administered prior to entry into the seventh grade.
5.
Two or three primary doses of Haemophilus influenzae type b (Hib) vaccine, depending on the manufacturer, for children up to 60 months of age.
6.
Two properly spaced doses of live attenuated measles (rubeola) vaccine.
The first dose shall be administered at age 12 months or older.
7.
One dose of live attenuated rubella vaccine shall be administered at age 12 months or older.
8.
One dose of live attenuated mumps vaccine shall be administered at age 12 months or older.
9.
All children born on and after January 1, 1997, shall be required to have one dose Two properly spaced doses of varicella vaccine on or after 12 months.
The first dose shall be administered at age 12 months or older.
Show all 100 changed lines (60 more)
10.
Three or more properly spaced doses of oral polio vaccine (OPV) or inactivated polio vaccine (IPV).
One dose shall be administered on or after the fourth birthday.
A fourth dose shall be required if the three dose primary series consisted of a combination of OPV and IPV.
11.
One to four doses, dependent on age at first dose, of properly spaced pneumococcal conjugate (PCV) vaccine for children up to 60 months of age.
12.
Three Two doses of properly spaced human papillomavirus (HPV) vaccine for females.
The first dose shall be administered before the child enters the sixth seventh grade.
13.
Two or three properly spaced doses of rotavirus vaccine, depending on the manufacturer, for children up to eight months of age.
14.
Two properly spaced doses of hepatitis A vaccine (HAV).
The first dose shall be administered at age 12 months or older.
15.
Two properly spaced doses of meningococcal conjugate vaccine (MenACWY).
The first dose shall be administered prior to entry to seventh grade.
The second dose shall be administered prior to entry to twelfth grade.
The parent, guardian or person standing in loco parentis may have such child immunized by a physician, physician assistant, nurse practitioner, registered nurse, or licensed practical nurse, or a pharmacist who administers pursuant to a valid prescription, or may present the child to the appropriate local health department, which shall administer the vaccines required by the State Board of Health Regulations for the Immunization of School Children without charge to the parent of or person standing in loco parentis to the child if (i) the child is eligible for the Vaccines for Children Program or (ii) the child is eligible for coverages issued pursuant to Title XVIII of the Social Security Act, 42 U.S.C.
§ 1395 et seq.
(Medicare), Title XIX of the Social Security Act, 42 U.S.C.
§ 1396 et seq.
(Medicaid), Title XXI of the Social Security Act, 42 U.S.C.
§ 1397aa et seq.
(CHIP), or 10 U.S.C.
§ 1071 et seq.
(CHAMPUS).
In all cases in which a child is covered by a health carrier, Medicare, Medicaid, CHIP, or CHAMPUS, the Department shall seek reimbursement from the health carrier, Medicare, Medicaid, CHIP, or CHAMPUS for all allowable costs associated with the provision of the vaccine.
For the purposes of this section, the Department shall be deemed a participating provider with a managed care health insurance plan as defined in § 32.1-137.1.
B.
A physician, physician assistant, nurse practitioner, registered nurse, licensed practical nurse, pharmacist, or local health department administering a vaccine required by this section shall provide to the person who presents the child for immunizations a certificate that shall state the diseases for which the child has been immunized, the numbers of doses given, the dates when administered and any further immunizations indicated.
C.
The vaccines required by this section shall meet the standards prescribed in, and be administered in accordance with, regulations of the Board.
C.
The vaccines required by this section shall meet the standards prescribed in, and be administered in accordance with, the State Board of Health Regulations for the Immunization of School Children.
The State Board of Health shall amend the State Board of Health Regulations for the Immunization of School Children as necessary from time to time to maintain conformity with evidence-based, routinely recommended vaccinations for children.
The adoption of such regulations shall be exempt from the requirements of Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act (§ 2.2-4000 et seq.
of the Code of Virginia).
However, the Department shall (i) provide a Notice of Intended Regulatory Action and (ii) provide for a 60-day public comment period prior to the Boards adoption of the regulations.
D.
The provisions of this section shall not apply if:
1.
The parent or guardian of the child objects thereto on the grounds that the administration of immunizing agents conflicts with his religious tenets or practices, unless an emergency or epidemic of disease has been declared by the Board;
2.
The parent or guardian presents a statement from a physician licensed to practice medicine in Virginia, a licensed nurse practitioner, or a local health department that states that the physical condition of the child is such that the administration of one or more of the required immunizing agents would be detrimental to the health of the child;
or 3.
Because the human papillomavirus is not communicable in a school setting, a parent or guardian, at the parent's or guardian's sole discretion, may elect for the parent's or guardian's child not to receive the human papillomavirus vaccine, after having reviewed materials describing the link between the human papillomavirus and cervical cancer approved for such use by the Board.
E.
For the purpose of protecting the public health by ensuring that each child receives age-appropriate immunizations, any physician, physician assistant, nurse practitioner, licensed institutional health care provider, local or district health department, the Virginia Immunization Information System, and the Department of Health may share immunization and patient locator information without parental authorization, including, but not limited to, the month, day, and year of each administered immunization;
the patient's name, address, telephone number, birth date, and social security number;
and the parents' names.
The immunization information;
the patient's name, address, telephone number, birth date, and social security number;
and the parents' names shall be confidential and shall only be shared for the purposes set out in this subsection.
F.
The State Board of Health shall review this section annually and make recommendations for revision by September 1 to the Governor, the General Assembly, and the Joint Commission on Health Care.
2.
That the Department of Health and the Department of Education shall jointly review §§ 22.1-271.2 and 32.1-46 of the Code of Virginia as amended by this act and report to the House Committee on Health, Welfare and Institutions and the Senate Committee on Education and Health on the effectiveness of the required vaccination program in promoting public health by December 1, 2021.
3.
That the provisions of this act shall become effective on July 1, 2021.
Show all 100 changed rows (60 more)
View plain text versions (6)
- Enrolled Reenrolled bill text (HB1090ER2) html April 22, 2020
- Acts of Assembly Chapter text (CHAP1223) View text Current html April 22, 2020
- Bill text as passed House and Senate (HB1090ER) View text html March 07, 2020
- HB1090S1 View text html March 03, 2020
- HB1090S2 View text html March 03, 2020
- Substitute Engrossed by Senate - floor substitute with amendment HB1090S3 html March 03, 2020
Action History
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Enacted, Chapter 1223 (effective 7/1/21)
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Signed by President as reenrolled
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Signed by Speaker as reenrolled
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Reenrolled bill text (HB1090ER2)
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Reenrolled
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Governor's recommendation adopted
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Senate concurred in Governor's recommendation (22-Y 18-N)
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VOTE: (51-Y 44-N)
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House concurred in Governor's recommendation (51-Y 44-N)
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Placed on Calendar
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Governor's recommendation received by House
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Governor's Action Deadline 11:59 p.m., April 11, 2020
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Enrolled Bill communicated to Governor on March 12, 2020
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Impact statement from DPB (HB1090ER)
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Signed by Speaker
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Signed by President
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Enrolled
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Impact statement from DPB (HB1090S3)
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VOTE: Adoption (54-Y 44-N)
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Senate substitute with amendment agreed to by House 20109532D-S3 (54-Y 44-N)
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Placed on Calendar
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Passed Senate with substitute with amendments (21-Y 18-N)
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Engrossed by Senate - floor substitute with amendment HB1090S3
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Amendments by Senator Chase rejected
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Reading of amendments waived
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Chair votes Yes
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Amendment by Senator Favola agreed to (20-Y 20-N)
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Reading of amendment waived
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Substitute by Senators Newman and Dunnavant agreed to 20109532D-S3
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Reading of substitute waived
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Substitute by Senator Chase withdrawn 20109525D-S2
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Substitute by Senator Dunnavant withdrawn 20109480D-S1
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Committee amendment rejected
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Passed by temporarily
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Read third time
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Floor substitute printed 20109532D-S3 ( Newman and Dunnavant)
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Floor substitute printed 20109525D-S2 (Chase)
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Floor substitute printed 20109480D-S1 (Dunnavant)
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Passed by for the day
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Read third time
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Passed by for the day
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Constitutional reading dispensed (40-Y 0-N)
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Reported from Finance and Appropriations (12-Y 2-N 1-A)
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Rereferred to Finance and Appropriations
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Reported from Education and Health with amendment (9-Y 6-N)
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Assigned Education sub: Health
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Referred to Committee on Education and Health
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Constitutional reading dispensed
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VOTE: Passage (53-Y 44-N)
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Read third time and passed House (53-Y 44-N)
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Engrossed by House - committee substitute HB1090H1
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Committee substitute agreed to 20106244D-H1
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Read second time
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Read first time
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Reported from Appropriations (12-Y 8-N)
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Subcommittee recommends reporting (5-Y 3-N)
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Impact statement from DPB (HB1090H1)
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Assigned App. sub: Health & Human Resources
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Referred to Committee on Appropriations
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Incorporates HB1489 (Hudson)
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Committee substitute printed 20106244D-H1
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Reported from Health, Welfare and Institutions with substitute (13-Y 9-N)
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Subcommittee recommends referring to Committee on Appropriations
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Subcommittee recommends reporting with substitute (5-Y 3-N)
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Assigned HWI sub: Health
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Referred to Committee on Health, Welfare and Institutions
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Prefiled and ordered printed; offered 01/08/20 20101515D
Sponsors
- Patrick A. Hope · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on · 62 voted No
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (147)
147 members have not signed on to this bill.
Show all 147 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 22 | 18 | 0 | 0 |
| Total | 22 | 18 | 0 | 0 |
| % of votes cast | 55% | 45% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 50 | 44 | 0 | 5 |
| Total | 50 | 44 | 0 | 5 |
| % of votes cast | 51% | 44% | 0% | 5% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 53 | 44 | 0 | 2 |
| Total | 53 | 44 | 0 | 2 |
| % of votes cast | 54% | 44% | 0% | 2% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 21 | 18 | 0 | 1 |
| Total | 21 | 18 | 0 | 1 |
| % of votes cast | 53% | 45% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 20 | 20 | 0 | 0 |
| Total | 20 | 20 | 0 | 0 |
| % of votes cast | 50% | 50% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 12 | 2 | 0 | 1 |
| Total | 12 | 2 | 0 | 1 |
| % of votes cast | 80% | 13% | 0% | 7% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Barker, George L. | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Edwards, John S. | — | Yea |
| Hanger, Emmett W., Jr. | — | Yea |
| Howell, Janet D. | — | Yea |
| L. Louise Lucas | — | Yea |
| Mamie E. Locke | — | Yea |
| Norment, Thomas K., Jr. | — | Not Voting |
| Petersen, J. Chapman | — | Nay |
| R. Creigh Deeds | — | Yea |
| Ruff, Frank M., Jr. | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Vogel, Jill Holtzman | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 9 | 6 | 0 | 0 |
| Total | 9 | 6 | 0 | 0 |
| % of votes cast | 60% | 40% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Chafin, A. Benton "Ben" | — | Nay |
| Barker, George L. | — | Yea |
| Cosgrove, John A., Jr. | — | Nay |
| David R. Suetterlein | — | Nay |
| Dunnavant, Siobhan S. | — | Yea |
| Edwards, John S. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| Howell, Janet D. | — | Yea |
| L. Louise Lucas | — | Yea |
| Lewis, Lynwood W., Jr. | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark J. Peake | — | Nay |
| Newman, Stephen D. | — | Nay |
| Petersen, J. Chapman | — | Nay |
| Saslaw, Richard L. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 52 | 44 | 0 | 3 |
| Total | 52 | 44 | 0 | 3 |
| % of votes cast | 53% | 44% | 0% | 3% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 12 | 8 | 0 | 2 |
| Total | 12 | 8 | 0 | 2 |
| % of votes cast | 55% | 36% | 0% | 9% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Brewer, Emily M. | — | Nay |
| Aird, Lashrecse D. | — | Yea |
| Betsy B. Carr | — | Yea |
| Bulova, David L. | — | Not Voting |
| C.E. Cliff Hayes, Jr. | — | Yea |
| Cox, M. Kirkland | — | Nay |
| David A. Reid | — | Yea |
| Davis, Glenn R. | — | Not Voting |
| Delores L. McQuinn | — | Yea |
| Fariss, C. Matthew | — | Nay |
| Hurst, Chris L. | — | Yea |
| James W. Morefield | — | Nay |
| Jones, Jerrauld C. "Jay" | — | Yea |
| Knight, Barry D. | — | Nay |
| Luke E. Torian | — | Yea |
| Paul E. Krizek | — | Yea |
| Plum, Kenneth R. | — | Yea |
| Robert S. Bloxom, Jr. | — | Nay |
| Rush, Nick | — | Nay |
| Sickles, Mark D. | — | Yea |
| Terry L. Austin | — | Nay |
| Tyler, Roslyn C. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 3 | 0 | 1 |
| Total | 5 | 3 | 0 | 1 |
| % of votes cast | 56% | 33% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Brewer, Emily M. | — | Nay |
| Betsy B. Carr | — | Yea |
| C.E. Cliff Hayes, Jr. | — | Yea |
| Cox, M. Kirkland | — | Nay |
| Fariss, C. Matthew | — | Nay |
| Jones, Jerrauld C. "Jay" | — | Yea |
| Luke E. Torian | — | Not Voting |
| Paul E. Krizek | — | Yea |
| Sickles, Mark D. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 13 | 9 | 0 | 0 |
| Total | 13 | 9 | 0 | 0 |
| % of votes cast | 59% | 41% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Adams, Dawn M. | — | Yea |
| Aird, Lashrecse D. | — | Yea |
| Avoli, G. "John" | — | Nay |
| Bell, Robert B. | — | Nay |
| C.E. Cliff Hayes, Jr. | — | Yea |
| Christopher T. Head | — | Nay |
| Edmunds, James E., II | — | Nay |
| Fowler, Hyland F."Buddy," Jr. | — | Nay |
| Guzman, Elizabeth R. | — | Yea |
| Karrie K. Delaney | — | Yea |
| Kathy K.L. Tran | — | Yea |
| Levine, Mark H. | — | Yea |
| M. Keith Hodges | — | Nay |
| Marcia S. "Cia" Price | — | Yea |
| Orrock, Robert D., Sr. | — | Nay |
| Patrick A. Hope | — | Yea |
| Robinson, Roxann L. | — | Nay |
| Rodney T. Willett | — | Yea |
| Sam Rasoul | — | Yea |
| Samirah, Ibraheem S. | — | Yea |
| Sickles, Mark D. | — | Yea |
| Wendell S. Walker | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 3 | 0 | 1 |
| Total | 5 | 3 | 0 | 1 |
| % of votes cast | 56% | 33% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Orrock, Robert D., Sr. | — | Nay |
| Edmunds, James E., II | — | Nay |
| C.E. Cliff Hayes, Jr. | — | Yea |
| Hyland F. "Buddy" Fowler, Jr. | — | Nay |
| Kathy K.L. Tran | — | Yea |
| Kimberly Pope Adams | — | Yea |
| Mark D. Sickles | — | Not Voting |
| Patrick A. Hope | — | Yea |
| Sam Rasoul | — | Yea |
Subjects
Frequently asked questions
- What does HB 1090 do?
- Required immunizations; report. Amends the minimum vaccination requirements for attendance at a public or private elementary, middle or secondary school, child care center, nursery school, family day care home, or developmental center. The bill also requires the State Board of Health to amend the State Board of Health Regulations for the Immunization of School Children as necessary from time to time to maintain conformity with evidence-based, routinely recommended vaccinations for children and to provide for a 60-day public comment period prior to the adoption of the regulations. In addition, the Department of Health and the Department of Education are directed to jointly review immunization requirements in the Code of Virginia and report to the House Committee on Health, Welfare and Institutions and the Senate Committee on Education and Health on the effectiveness of the required vaccination program in promoting public health by December 1, 2021.
- Who sponsors HB 1090?
- HB 1090 is sponsored by Patrick A. Hope.
- What is the current status of HB 1090?
- This bill has been enacted into law. Introduced January 07, 2020. Enacted.
- Where can I track HB 1090?
- Track HB 1090 free on One Click Politics — get push/email alerts when it moves.
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