Prevent Blindness urges West Virginia State Legislature to reject a bill proposing mandate removal for newborn eye care

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The affected mandate requires that all newborns receive erythromycin ointment applied to their eyes after birth, which helps prevent ophthalmia neonatorum.

West Virginia State Capitol Ophthalmia neonatorum is an acute eye inflammatory process that occurs within the first 4 weeks of life in an infant. Image credit: AdobeStock/jonbilous

Ophthalmia neonatorum is an acute eye inflammatory process that occurs within the first 4 weeks of life in an infant. Image credit: AdobeStock/jonbilous

Prevent Blindness has released a statement urging the West Virginia State House to reject House Bill 3444, which would remove the mandate that all newborns in the state receive erythromycin ointment applied to their eyes after birth, which helps prevent ophthalmia neonatorum.1 If signed into law, the bill would repeal several sections of the Code of West Virginia, specifically 16-3-7 through 16-3-13, that outline the duties and responsibilities related to the reporting, treatment, and management of ophthalmia neonatorum by health care providers, local health officers, and county officials.2 The West Virginia Legislature is expected to take up a final vote before referring the bill to Gov Patrick Morrisey for signature.

The advocacy organization was founded in 1908 to advocate for prevention of the infection, which is passed from mother to child during childbirth, according to the statement.

“With removal of the mandate, legislators are opting for parental notification and choice as to whether their newborn child receives the ointment—a topical noninvasive intervention,” the statement said. “The legislation does not, however, provide a clear method to define or ensure that informed parental consent has occurred. While providers will still move forward with clinical practice standards set by the American Academy of Pediatrics in application of a topical prophylaxis, the removal of a mandate creates a pathway for parental confusion and misinformation to the science that has driven this proven public health intervention.”

“As a public health organization, Prevent Blindness recognizes the need to balance individual rights with community well-being, especially when the most vulnerable, in this case, newborns, cannot advocate for themselves,” said Jeff Todd, president and CEO of Prevent Blindness, in the release. “Mandating this standard of care is about protecting children from avoidable harm.”

Health care providers practicing in the state have also voiced their concerns regarding the bill. “The people who are voting in favor of this bill are voting in favor of the blindness of babies,” Nicole Bryce, DO, ob-gyn resident at Charleston Area Medical Center, told West Virginia Watch.3 “There are very few things that are this inexpensive, this easy to administer that make such a huge difference in the lives of children.”

On ophthalmia neonatorum

Ophthalmia neonatorum is an acute eye inflammatory process that occurs within the first 4 weeks of life in an infant. Ophthalmia neonatorum caused by nongonococcal bacteria is often a milder form, whereas its gonococcal form in children born to mothers with chlamydia infection has more severe complications. If left untreated, gonococcal neonatal conjunctivitis can lead to corneal ulceration and perforation. Early detection and treatment have been deemed essential to prevent blindness. Erythromycin ointment is the only drug approved for ophthalmia neonatorum prevention.4

Currently, gonococcal neonatal conjunctivitis has an incidence of 0.3 per 1000 live births, with Chlamydia trachomatis at 8.2 per 1000 cases. Globally, there are about 10,000 recorded cases of blindness per year that are secondary to ophthalmia neonatorum. Before 1880, ophthalmia neonatorum that was caused by Neisseria gonorrhoeae was the most common cause of neonatal blindness.4

References:
  1. Prevent Blindness urges West Virginia State House to reject bill that would imperil children’s vision. News release. Prevent Blindness. April 15, 2025. Accessed April 16, 2025. https://preventblindness.org/reject-west-virginia-hb3444/
  2. HB 3444. Fast Democracy. Accessed April 16, 2025. https://fastdemocracy.com/bill-search/wv/2025/bills/WVB00030982/
  3. Knisely AF. Doctors concerned after WV lawmakers change newborn care standard that prevents blindness in babies. West Virginia Watch. April 10, 2025. Accessed April 16, 2025. https://westvirginiawatch.com/2025/04/10/doctors-concerned-after-wv-lawmakers-change-newborn-care-standard-that-prevents-blindness-in-babies/
  4. Ochoa KJC, Mendez MD. Ophthalmia neonatorum. StatPearls. Last updated January 31, 2023. Accessed April 17, 2025. https://www.ncbi.nlm.nih.gov/books/NBK551572/#:~:text=Ophthalmia%20neonatorum%20is%20a%20type%20of%20conjunctivitis%20encountered%20in%20the,represents%208.2%20per%201000%20cases.

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