73R6429 T By McDonald, Berlanga, Delisi, et al. H.B. No. 916 Substitute the following for H.B. No. 916: By McDonald C.S.H.B. No. 916 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to infant and child immunization requirements. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 161.001, Health and Safety Code, is 1-5 amended to read as follows: 1-6 Sec. 161.001. LIABILITY OF PERSON WHO ORDERS OR ADMINISTERS 1-7 IMMUNIZATION. (a) A person who administers or authorizes the 1-8 administration of a vaccine or immunizing agent is not liable for 1-9 an injury caused by the vaccine or immunizing agent if the 1-10 immunization is required by the board or is otherwise required by 1-11 law or rule. 1-12 (b) A person who administers or authorizes the 1-13 administration of a vaccine or immunization agent is not liable or 1-14 responsible because of the failure or refusal of a parent, managing 1-15 conservator, or guardian to consent to the vaccination or 1-16 immunization required under this chapter. 1-17 (c) This section does not apply to a negligent act in 1-18 administering the vaccine or immunizing agent. 1-19 SECTION 2. Subchapter A, Chapter 161, Health and Safety 1-20 Code, is amended by adding Section 161.004 to read as follows: 1-21 Sec. 161.004. STATEWIDE IMMUNIZATION OF CHILDREN. (a) 1-22 Every child in the state shall be immunized in accordance with the 1-23 immunization schedule adopted by the board. 2-1 (b) Hospitals shall be responsible for: 2-2 (1) referring newborns for immunization at the time 2-3 the newborn screening test is performed; 2-4 (2) reviewing the immunization history of every child 2-5 admitted to the hospital or examined in the hospital's emergency 2-6 room or outpatient clinic; and 2-7 (3) administering needed vaccinations or referring the 2-8 child to an immunization clinic for needed vaccinations. 2-9 (c) Physicians shall be responsible for reviewing the 2-10 immunization history of every child examined and administering any 2-11 needed vaccinations or referring the child for immunization. 2-12 (d) A child is exempt from an immunization required by this 2-13 section if: 2-14 (1) immunization conflicts with the tenets of an 2-15 organized religion to which a parent, managing conservator, or 2-16 guardian belongs; or 2-17 (2) the immunization is medically contraindicated 2-18 based on an examination of the child by a physician licensed in the 2-19 United States. 2-20 (e) For purposes of this section, "child" means a person 2-21 under 18 years of age. 2-22 (f) The board shall adopt rules that are necessary to 2-23 administer this section. 2-24 SECTION 3. Subchapter A, Chapter 161, Health and Safety 2-25 Code, is amended by adding Section 161.005 to read as follows: 3-1 Sec. 161.005. DEPARTMENT IMMUNIZATION SERVICE. The 3-2 department, to the extent permitted by law, is authorized to pay 3-3 FLSA exempt and FLSA nonexempt employees on a straight-time basis 3-4 for work on a holiday or for regular compensatory time hours when 3-5 the taking of regular compensatory time off would be disruptive to 3-6 normal business operation. 3-7 SECTION 4. Article 3.51-6, Insurance Code, is amended by 3-8 adding Section 3F to read as follows: 3-9 Sec. 3F. COVERAGE FOR CHILDHOOD IMMUNIZATION. (a) In this 3-10 section, "health insurance policy" means a group policy, contract 3-11 certificate or evidence of coverage, including a contract issued by 3-12 a group hospital service corporation subject to Chapter 20 of this 3-13 code, a health maintenance organization subject to Chapter 20A of 3-14 this code, a stipulated premium company subject to Chapter 22 of 3-15 this code or a fraternal benefit society subject to Chapter 10 of 3-16 this code, that provides coverage for hospital, surgical, or 3-17 medical expenses incurred as a result of accident and sickness. 3-18 (b) Each health insurance policy and certificate delivered, 3-19 issued for delivery, renewed, amended, or extended in this state 3-20 shall include coverage for immunizations required under Section 3-21 161.004, Health and Safety Code, exclusive of the policy 3-22 deductible, copayment and coinsurance amounts. For purposes of 3-23 this section, "renewed", "amended," "extended" means the earlier of 3-24 the following: the policy anniversary date or the effective date 3-25 of an amendment to the contract or the effective date of a premium 4-1 rate change. 4-2 (c) A group policy, contract, certificate or evidence of 4-3 coverage covered by this Section shall not include a provision that 4-4 excludes or limits coverage or benefits for childhood 4-5 immunizations. 4-6 SECTION 5. This Act takes effect September 1, 1993. 4-7 SECTION 6. The importance of this legislation and the 4-8 crowded condition of the calendars in both houses create an 4-9 emergency and an imperative public necessity that the 4-10 constitutional rule requiring bills to be read on three several 4-11 days in each house be suspended, and this rule is hereby suspended.