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.