by Amelia Ferrell Knisely, West Virginia Watch
April 10, 2025
West Virginia law mandates that medical professionals treat newborns’ eyes with an ointment meant to prevent pink eye or potentially blindness if the baby comes into contact with bacteria or a sexually transmitted disease in the birthing canal.
The Senate narrowly approved a bill on Thursday repealing that guideline in state code, and the House of Delegates signed off on it earlier this month. While the bill doesn’t ban the use of the ointment, the potential removal of the mandate has raised concerns from medical professionals that it could lead to an increased rate of infant blindness.
“The people who are voting in favor of this bill are voting in favor of the blindness of babies,” said Dr. Nicole Bryce, an OBGYN resident at Charleston Area Medical Center.
“There are very few things that are this inexpensive, this easy to administer that make such a huge difference in the lives of children,” she said.
Sen. Chris Rose, R-Monongalia, voted for the bill saying, “This just gives parental rights [and] parental choice.”
Newborns receive erythromycin eye ointment after birth to prevent medical pink eye in the first month of life, and it has been the recommended standard of care for decades. It prevents a pinkeye infection from gonorrhea or other diseases that spread between sexual partners. If it’s not treated, newborn pinkeye from gonorrhea can cause blindness or life-threatening meningitis.
Sen. Tom Takubo, R-Kanawha, who is a physician, told senators that, “nine out of 10 times women don’t know they’re infected” with gonorrhea.
It is currently a misdemeanor crime if a provider doesn’t apply a topical solution on a newborn’s eyes.
Del. Evan Worrell, R-Cabell, sponsored the measure, House Bill 3444. He said the code, enacted in 1923, was “outdated.”
“I am against codifying standards of care to providers,” Worrell said. “This decision should be between a provider and patient and not punishable by a misdemeanor and investigated as current code calls for.”
“I don’t expect [the] current process for newborns to change at all, just removing the code section,” he added.
Bryce said she believed that pediatricians would still do their best to apply the ointment to newborns.
“It’s cheap and effective,” she said. “We can see significant damage to these children’s eyes in 24 to 48 hours, including blindness. The solution for that is to apply an ointment.”
Sen. Joey Garcia, D-Marion, raised concerns that the change could impact women in rural counties, where they may not have access to prenatal care. Women may not be educated on the use of ointment to give informed consent during birth, he said.
“I don’t understand why we would risk our children being blind,” Garcia said. “I don’t see why we’re doing this bill.”
On Wednesday, Takubo tried to amend the bill to require a physician, midwife or others assisting in a birth to immediately administer the ointment on a newborn’s eyes.
“We could remove that and hope for the best or we could continue a well-established, safe procedure and protect children,” he said.
Sen. Patricia Rucker, R-Jefferson, opposed the amendment and said the standard of care would not change. She said that many mothers could treat their babies eyes “homeopathically” with breast milk.
“We have found that the overuse of antibiotics causes issues,” Rucker said.
The amendment failed with a vote of 13 to 16 in the Senate.
Bryce stressed that breast milk or colostrum, the first milk produced by a mother after birth, will not prevent blindness in babies that are affected by gonorrhea.
“Colostrum in no way shape or form can cure gonorrhea,” she said.
Ahead of the vote, Sen. Mike Woelfel, D-Cabell, told senators that he opposed the bill, saying, “Freedom has a price.”
“The parent has the freedom to say ‘I don’t want to put that medication in a child’s eye,’” he said. “But who pays for that if there’s blindness?”
The Senate approved the bill with a vote of 18-15. The House will have to concur with the Senate’s vote before the bill would head to Gov. Patrick Morrisey’s desk for consideration.
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West Virginia Watch is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. West Virginia Watch maintains editorial independence. Contact Editor Leann Ray for questions: info@westvirginiawatch.com.
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