1-1  By:  Zaffirini, et al.                                 S.B. No. 266
    1-2        (In the Senate - Filed February 4, 1993; February 8, 1993,
    1-3  read first time and referred to Committee on Health and Human
    1-4  Services; March 9, 1993, reported adversely, with favorable
    1-5  Committee Substitute by the following vote:  Yeas 9, Nays 0;
    1-6  March 9, 1993, sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Zaffirini          x                               
   1-10        Ellis              x                               
   1-11        Madla              x                               
   1-12        Moncrief           x                               
   1-13        Nelson             x                               
   1-14        Patterson          x                               
   1-15        Shelley            x                               
   1-16        Truan              x                               
   1-17        Wentworth          x                               
   1-18  COMMITTEE SUBSTITUTE FOR S.B. No. 266                By:  Zaffirini
   1-19                         A BILL TO BE ENTITLED
   1-20                                AN ACT
   1-21  relating to mandatory immunizations and to the provision of those
   1-22  immunizations.
   1-23        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-24        SECTION 1.  Section 161.001, Health and Safety Code, is
   1-25  amended to read as follows:
   1-26        Sec. 161.001.  LIABILITY OF PERSON WHO ORDERS OR ADMINISTERS
   1-27  IMMUNIZATION.  (a)  A person who administers or authorizes the
   1-28  administration of a vaccine or immunizing agent is not liable for
   1-29  an injury caused by the vaccine or immunizing agent if the
   1-30  immunization is required by the board or is otherwise required by
   1-31  law or rule.
   1-32        (b)  A person who administers or authorizes the
   1-33  administration of a vaccine or immunization agent is not liable or
   1-34  responsible because of the failure or refusal of a parent, managing
   1-35  conservator, or guardian to consent to the vaccination or
   1-36  immunization required under this chapter.
   1-37        (c)  This section does not apply to a negligent act in
   1-38  administering the vaccine or immunizing agent.
   1-39        SECTION 2.  Subchapter A, Chapter 161, Health and Safety
   1-40  Code, is amended by adding Sections 161.004 and 161.005 to read as
   1-41  follows:
   1-42        Sec. 161.004.  STATEWIDE IMMUNIZATION OF CHILDREN.
   1-43  (a)  Every child in the state shall be immunized against vaccine
   1-44  preventable diseases in accordance with the immunization schedule
   1-45  adopted by the board.
   1-46        (b)  Hospitals shall be responsible for:
   1-47              (1)  referring newborns for immunization at the time
   1-48  the newborn screening test is performed;
   1-49              (2)  reviewing the immunization history of every child
   1-50  admitted to the hospital or examined in the hospital's emergency
   1-51  room or outpatient clinic; and
   1-52              (3)  administering needed vaccinations or referring the
   1-53  child for immunization.
   1-54        (c)  Physicians shall be responsible for reviewing the
   1-55  immunization history of every child examined and administering any
   1-56  needed vaccinations or referring the child for immunization.
   1-57        (d)  A child is exempt from an immunization required by this
   1-58  section if:
   1-59              (1)  immunization conflicts with the tenets of an
   1-60  organized religion to which a parent, managing conservator, or
   1-61  guardian belongs; or
   1-62              (2)  the immunization is medically contraindicated
   1-63  based on an examination of the child by a physician licensed in the
   1-64  United States.
   1-65        (e)  For purposes of this section, "child" means a person
   1-66  under 18 years of age.
   1-67        (f)  The board shall adopt rules that are necessary to
   1-68  administer this section.
    2-1        Sec. 161.005.  IMMUNIZATIONS REQUIRED.  (a)  On admission of
    2-2  a child to a facility of the Texas Department of Mental Health and
    2-3  Mental Retardation, or the Texas Youth Commission, the facility
    2-4  physician shall review the immunization history of the child and
    2-5  administer any needed vaccinations or refer the child for
    2-6  immunization.
    2-7        (b)  The Texas Department of Health and the Texas Board of
    2-8  Health have the same powers and duties under this section as those
    2-9  entities have under Section 2.09, Education Code.  In addition, the
   2-10  provisions of that section relating to provisional admissions and
   2-11  exceptions apply to this section.
   2-12        (c)  A facility covered by this section shall keep an
   2-13  individual immunization record during the individual's period of
   2-14  admission, detention, or commitment in the facility, and the
   2-15  records shall be open for inspection at all reasonable times by a
   2-16  representative of the local health department or the Texas
   2-17  Department of Health.
   2-18        (d)  This section does not affect the requirements of Section
   2-19  2.09, Education Code, or Section 42.043, Human Resources Code.
   2-20        SECTION 3.  Section 12.033, Health and Safety Code, is
   2-21  amended to read as follows:
   2-22        Sec. 12.033.  <FEES FOR> DISTRIBUTION AND ADMINISTRATION OF
   2-23  CERTAIN VACCINES AND SERA.  (a)  Except as otherwise provided by
   2-24  this section, the <The> board by rule shall charge fees for the
   2-25  distribution and administration of vaccines and sera provided
   2-26  under:
   2-27              (1)  Section 2.09, Education Code;
   2-28              (2)  Section 42.043, Human Resources Code;
   2-29              (3)  Chapter 826 (Rabies Control Act of 1981); <and>
   2-30              (4)  Chapter 81 (Communicable Disease Prevention and
   2-31  Control Act); and
   2-32              (5)  Section 161.005, Health and Safety Code.
   2-33        (b)  Except as otherwise provided by this section, the <The>
   2-34  board by rule may require a department contractor to charge fees
   2-35  for public health services provided by a contractor participating
   2-36  in a department program under the laws specified by Subsection (a).
   2-37        (c)  The board by rule shall establish a fee schedule for
   2-38  fees under this section.  In establishing the fee schedule, the
   2-39  board shall consider a person's financial ability to pay the entire
   2-40  amount of the fee <shall set the fees in amounts reasonable and
   2-41  necessary to defray the cost to the state of distributing and
   2-42  administering the vaccines and sera>.
   2-43        (d)  The commissioner may waive the fee requirement for any
   2-44  type of vaccine or serum if the commissioner determines that:
   2-45              (1)  a public health emergency exists; and
   2-46              (2)  the vaccine or serum is needed to meet the
   2-47  emergency.
   2-48        (e)  The department may not deny an immunization to an
   2-49  individual required to be immunized under a law specified by
   2-50  Subsection (a) because of the individual's inability to pay for the
   2-51  immunization.  The department shall provide the immunization at a
   2-52  reduced charge or no charge according to the financial ability of
   2-53  the individual or a person with a legal obligation to support the
   2-54  individual to pay for the immunization.
   2-55        SECTION 4.  (a)  The Texas Department of Health shall study
   2-56  new and innovative ways to reach the goal of 100 percent
   2-57  immunization of children under the age of 18 at the earliest
   2-58  possible date and in the most cost-effective manner, including
   2-59  seeking discretionary funding from the United States Department of
   2-60  Health and Human Services or from foundations for an emergency
   2-61  immunization demonstration program that would target five counties
   2-62  in Texas with the lowest immunization rates and create model
   2-63  programs for those counties, seeking discretionary funding from the
   2-64  United States Department of Health and Human Services or from
   2-65  foundations to develop models for building public awareness
   2-66  concerning the importance of preschool immunization among high-risk
   2-67  populations, contracting with the United States Armed Forces, the
   2-68  public medical schools, health science centers, and other state
   2-69  agencies, and instituting programs on a statewide or local level or
   2-70  through mobile outreach clinics utilizing volunteer health care
    3-1  providers.
    3-2        (b)  The Texas Department of Health shall also study the
    3-3  development and implementation of a statewide immunization
    3-4  registry.
    3-5        (c)  The Texas Department of Health shall use existing staff
    3-6  and resources to conduct studies under this section and shall
    3-7  report its findings and recommendations to the governor and to the
    3-8  presiding officer of each house of the legislature not later than
    3-9  June 1, 1994.
   3-10        SECTION 5.  This Act takes effect September 1, 1993.
   3-11        SECTION 6.  The importance of this legislation and the
   3-12  crowded condition of the calendars in both houses create an
   3-13  emergency and an imperative public necessity that the
   3-14  constitutional rule requiring bills to be read on three several
   3-15  days in each house be suspended, and this rule is hereby suspended.
   3-16                               * * * * *
   3-17                                                         Austin,
   3-18  Texas
   3-19                                                         March 9, 1993
   3-20  Hon. Bob Bullock
   3-21  President of the Senate
   3-22  Sir:
   3-23  We, your Committee on Health and Human Services to which was
   3-24  referred S.B. No. 266, have had the same under consideration, and I
   3-25  am instructed to report it back to the Senate with the
   3-26  recommendation that it do not pass, but that the Committee
   3-27  Substitute adopted in lieu thereof do pass and be printed.
   3-28                                                         Ellis,
   3-29  Vice-Chair
   3-30                               * * * * *
   3-31                               WITNESSES
   3-32                                                  FOR   AGAINST  ON
   3-33  ___________________________________________________________________
   3-34  Name:  Bill Cox                                  x
   3-35  Representing:  TX Public Non-Profit
   3-36      Hospitals
   3-37  City:  Austin
   3-38  -------------------------------------------------------------------
   3-39  Name:  Dr. David McFarling                       x
   3-40  Representing:  U.S. Army
   3-41  City:  San Antonio
   3-42  -------------------------------------------------------------------
   3-43  Name:  James J. Young                            x
   3-44  Representing:  UTHSC
   3-45  City:  San Antonio
   3-46  -------------------------------------------------------------------
   3-47  Name:  Mariano Camarillo                         x
   3-48  Representing:  EDS
   3-49  City:  Austin
   3-50  -------------------------------------------------------------------
   3-51  Name:  Sharron Cox                               x
   3-52  Representing:  Children's Hosp. Association
   3-53  City:  Houston
   3-54  -------------------------------------------------------------------
   3-55  Name:  Neil Nichols                                            x
   3-56  Representing:  TX Youth Commission
   3-57  City:  Austin
   3-58  -------------------------------------------------------------------
   3-59  Name:  Jon Hilsabeck                             x
   3-60  Representing:  TX Hospital Assn
   3-61  City:  Austin
   3-62  -------------------------------------------------------------------
   3-63                                                  FOR   AGAINST  ON
   3-64  ___________________________________________________________________
   3-65  Name:  Sandy Kibby                               x
   3-66  Representing:  TX PTA
   3-67  City:  Austin
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   3-69  Name:  Sara Rusk McGonagle                       x
   3-70  Representing:  TX Nurses Assn.
    4-1  City:  Austin
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    4-3  Name:  Rusty Kelly                               x
    4-4  Representing:  Children's Hospital
    4-5  City:  Austin
    4-6  -------------------------------------------------------------------
    4-7  Name:  Karen Lindell                             x
    4-8  Representing:  TX Rural Health Assn.
    4-9  City:  Austin
   4-10  -------------------------------------------------------------------
   4-11  Name:  Susan Steeg                                             x
   4-12  Representing:  Texas Dept. of Health
   4-13  City:  Austin
   4-14  -------------------------------------------------------------------
   4-15  Name:  Diane Simpson                                           x
   4-16  Representing:  Texas Dept. of Health
   4-17  City:  Austin
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   4-19  Name:  Pam Beachley                              x
   4-20  Representing:  Bus. Insurance Consumer
   4-21      Assn.
   4-22  City:  Austin
   4-23  -------------------------------------------------------------------
   4-24  Name:  Lisa McGiffert                            x
   4-25  Representing:  Consumers Union
   4-26  City:  Austin
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   4-28  Name:  Dr. Clift Price                           x
   4-29  Representing:  TX Nurse Assn.
   4-30  City:  Austin
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   4-32  Name:  Karen Hale                                              x
   4-33  Representing:  TX MHMR
   4-34  City:  Austin
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   4-36  Name:  Bee Moorhead                                            x
   4-37  Representing:  Comptroller
   4-38  City:  Austin
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   4-40  Name:  Jacqueline Lyons                                        x
   4-41  Representing:  Comptroller
   4-42  City:  Austin
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