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Posted: 3:24 p.m. Wednesday, Oct. 17, 2012
By The Associated Press
CHARLESTON, W.Va. —
A Kanawha County judge has dismissed a lawsuit that claimed new vaccination requirements for schoolchildren are illegal.
Circuit Judge Tod Kaufman says in a ruling issued Wednesday that the Department of Health and Human Resources' rule is consistent with state law and doesn't exceed the Legislature's limits on interpretive rules.
Delegate Patrick Lane filed the lawsuit on behalf of six families. The lawsuit argued that the DHHR can't require additional vaccines without the Legislature's approval.
Lane didn't immediately return a telephone message from The Associated Press on Wednesday.
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