By: Moncrief S.B. No. 364
A BILL TO BE ENTITLED
AN ACT
1-1 relating to infant and child immunization requirements.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 161.001, Health and Safety Code, is
1-4 amended to read as follows:
1-5 Sec. 161.001. LIABILITY OF PERSON WHO ORDERS OR ADMINISTERS
1-6 IMMUNIZATION. (a) A person who administers or authorizes the
1-7 administration of a vaccine or immunizing agent is not liable for
1-8 an injury caused by the vaccine or immunizing agent if the
1-9 immunization is required by the board or is otherwise required by
1-10 law or rule.
1-11 (b) A person who administers or authorizes the
1-12 administration of a vaccine or immunization agent is not liable or
1-13 responsible because of the failure or refusal of a parent, managing
1-14 conservator, or guardian to consent to the vaccination or
1-15 immunization required under this chapter.
1-16 (c) This section does not apply to a negligent act in
1-17 administering the vaccine or immunizing agent.
1-18 SECTION 2. Subchapter A, Chapter 161, Health and Safety
1-19 Code, is amended by adding Section 161.004 to read as follows:
1-20 Sec. 161.004. STATEWIDE IMMUNIZATION OF CHILDREN.
1-21 (a) Every child in the state shall be immunized in accordance with
1-22 the immunization schedule adopted by the board.
1-23 (b) Hospitals shall be responsible for:
2-1 (1) referring newborns for appointments for
2-2 immunizations at the time the newborn screening test is performed;
2-3 (2) reviewing the immunization history of every child
2-4 admitted to the hospital or examined in the hospital's emergency
2-5 room or outpatient clinic; and
2-6 (3) administering needed vaccinations or referring the
2-7 child to an immunization clinic for needed vaccinations.
2-8 (c) Physicians shall be responsible for reviewing the
2-9 immunization history of every child examined and administering any
2-10 needed vaccinations or referring the child to an immunization
2-11 clinic.
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 in this state.
2-19 (e) For purposes of this section, "child" means a person
2-20 under 18 years of age.
2-21 SECTION 3. Subchapter A, Chapter 161, Health and Safety
2-22 Code, is amended by adding Section 161.005 to read as follows:
2-23 Sec. 161.005. DEPARTMENT IMMUNIZATION SERVICE. The
2-24 department is authorized to pay regular compensatory time to its
2-25 exempt employees for overtime worked in the provision of
3-1 immunization services.
3-2 SECTION 4. Article 3.51-6, Insurance Code, is amended by
3-3 adding Section 3F to read as follows:
3-4 Sec. 3F. COVERAGE FOR CHILDHOOD IMMUNIZATION. (a) In this
3-5 section, "health insurance policy" means a group policy or
3-6 contract, including a group contract issued by a company subject to
3-7 Chapter 20 of this code that provides coverage for hospital,
3-8 surgical, or medical expenses incurred as a result of accident or
3-9 sickness.
3-10 (b) Each health insurance policy delivered, issued for
3-11 delivery, renewed, amended, or extended in this state shall include
3-12 coverage for immunizations required under Section 161.004, Health
3-13 and Safety Code, exclusive of the policy deductible and covered at
3-14 100 percent.
3-15 SECTION 5. Section 15.003, Agriculture Code, is amended to
3-16 read as follows:
3-17 Sec. 15.003. ELIGIBILITY; AMOUNT OF ALLOTMENT. (a) Except
3-18 as provided under Subsection (b) of this section, a <A> person is
3-19 eligible to participate in the special nutrition program if the
3-20 person is enrolled in the W.I.C. program and resides in an area in
3-21 which the special nutrition program is implemented. The Texas
3-22 Department of Health shall determine the eligibility of potential
3-23 participants.
3-24 (b) No person shall be eligible to participate in the
3-25 special nutrition program unless the person can provide proof that
4-1 all of the person's dependent children have been immunized or are
4-2 currently receiving an immunization series in accordance with the
4-3 immunization schedule adopted by the Texas Board of Health as
4-4 provided by Section 161.004, Health and Safety Code.
4-5 (c) Only the Texas Department of Health may determine the
4-6 dollar amount of each participant's monthly allotment of food
4-7 coupons.
4-8 SECTION 6. Subchapter A, Chapter 31, Human Resources Code,
4-9 is amended by adding Section 31.013 to read as follows:
4-10 Sec. 31.013. IMMUNIZATION REQUIREMENT. No person may
4-11 receive assistance from the aid to families with dependent children
4-12 program under this chapter unless the person can provide proof that
4-13 all of the person's dependent children have been immunized or are
4-14 currently receiving an immunization series in accordance with the
4-15 immunization schedule adopted by the Texas Board of Health as
4-16 provided by Section 161.004, Health and Safety Code.
4-17 SECTION 7. (a) Except as provided by Subsection (b) of this
4-18 section, this Act takes effect September 1, 1993.
4-19 (b) Sections 5 and 6 of this Act shall not be effective in
4-20 the event that implementation would violate any federal laws or
4-21 regulations or result in the loss of federal funds to the State of
4-22 Texas. The Health and Human Services Commission, the Texas
4-23 Department of Health, and the Texas Department of Human Services
4-24 shall, however, take all actions necessary or appropriate to carry
4-25 out the policy of this Act in such a manner as to be permissible
5-1 under federal law and federal regulations.
5-2 SECTION 8. The importance of this legislation and the
5-3 crowded condition of the calendars in both houses create an
5-4 emergency and an imperative public necessity that the
5-5 constitutional rule requiring bills to be read on three several
5-6 days in each house be suspended, and this rule is hereby suspended.