Newborn babies at CAMC Women and Children's Hospital are shown on Nov. 1, 2012.
Gazette-Mail file photo
A new West Virginia law overturns a long-standing mandate 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 bill repealing the more than 100-year-old state code about the ointment went into effect in July without Gov. Patrick Morrisey signing it. The governor’s office didn’t return a request for comment by deadline about why Morrisey didn’t approve the Republican-sponsored bill.
Delegate Evan Worrell, R-Cabell.
WV Legislative Photography
Delegate Evan Worrell, R-Cabell, who chairs the House Committee on Health, sponsored . He said the prior code “criminalized health care providers if they did not apply eye ointment,†and up until last month, it had been a misdemeanor crime if the medical provider didn’t apply a topical solution on a newborn’s eyes.
“This is still the standard of care and will remain so without this law,†said Worrell.
The legislation the House of Delegates in April — just one Republican voted against it — but the Senate with an 18 to 15 vote in the GOP-heavy group.
“Think about just how tragic it could be if a child goes blind by something that they contracted during birth that could have easily been avoided,†said Sen. Ryan Weld, R-Ohio, who voted against the bill.
What's that eye ointment?
Newborns receive erythromycin eye ointment shortly 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 pink eye infection from gonorrhea or other diseases that spread between sexual partners. If it’s not treated, newborn pink eye from gonorrhea can cause blindness or life-threatening meningitis.
Sen. Tom Takubo, R-Kanawha, is shown, on Monday, April 7, 2025, during a Senate Health and Human Resources Committee meeting.
WILL PRICE | WV Legislative Photography
Sen. Tom Takubo, R-Kanawha, who is a physician, stressed that women — including mothers with limited sexual partners — could contract a sexually transmitted disease without showing symptoms, and it could endanger a newborn in the birth canal.
Dr. Lisa Costello, a pediatrician and chair of the Committee on State Government Affairs, also said that this is still the standard of care and continues to be offered in hospitals and birthing centers across the state.
“I [recently] attended the delivery. I watched the erythromycin be placed on the child’s eyes,†Costello said. “We in organizations, like the , have advocated against codifying standards of practice when possible, because if they change and you don’t update the code, then you can actually sometimes fall out of what the standards of care are.â€
She added, “This is something that I think we’re going to have to continue to monitor and see its impact.â€
Education will be key, Costello said, to make sure that parents understand the risks of opting out of ointment for their newborn.
The past code also required a county official to investigate whether newborns were receiving erythromycin eye ointment, then provide their findings to the state health officer.
“This law wasn’t followed and is outdated and just needed repealed,†Worrell said.
Weld said no one raised concerns to lawmakers about any issues with the use of the ointment on newborns.
“I just wasn’t certain why we were going backwards?†he questioned.
Takubo voted against the measure.
“It just sets a poor principle, in my opinion,†he said. “There’s so many things we should be focusing on [and] spending time on. It seems like more and more each session, we just spend time on things that are not only not helpful, but could be harmful.â€
He unsuccessfully the bill to require a physician, midwife or others assisting in a birth to immediately administer the ointment on a newborn’s eyes.
“We have some that want a more natural way of doing things despite the same or about drinking raw, unpasteurized milk and [being] anti-vaccine, all that,†he said. “So, my concern was, basically, that when you have home births [and] they’ll opt not to do the treatment.â€
Like others, Takubo said he suspected the standard of care in using the ointment wouldn’t change. He assumed most parents would still choose to have their newborn receive erythromycin eye ointment.
He said providers will be in charge of educating parents on the benefits of the ointment.
“Somebody will really have to make an effort to opt out, I think,†Takubo said.
Costello encourages parents to speak with their medical provider about the use of erythromycin eye ointment to avoid misinformation about the drug.
“I always agree that we can do more education, because there is so much information out there that it can be a challenge for parents, particularly new ones,†she said. “Unfortunately, some of it, many times, is not accurate or true, and that’s why it’s important to have that discussion with your health care provider.â€
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