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.
    1-4        SECTION 1.  Section 161.001, Health and Safety Code, is
    1-5  amended to read as follows:
    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.