74R8476 KLL-D
          By Berlanga                                           H.B. No. 2209
          Substitute the following for H.B. No. 2209:
          By Maxey                                          C.S.H.B. No. 2209
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to consent for the immunization of a minor.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Sections 35.011(a) and (c), Family Code, are
    1-5  amended to read as follows:
    1-6        (a)  Any of the following may consent to the immunization of
    1-7  a minor in the absence of <if> a parent, managing conservator,
    1-8  guardian of the minor, or other person who, under the law of
    1-9  another state or a court order, may consent for the minor <cannot
   1-10  be contacted> and the authority to consent is not denied under
   1-11  Subsection (b) of this section:
   1-12              (1)  a grandparent;
   1-13              (2)  an adult brother or sister;
   1-14              (3)  an adult aunt or uncle;
   1-15              (4)  a stepparent;
   1-16              (5)  an educational institution in which the minor is
   1-17  enrolled and that has written authorization to consent for the
   1-18  minor from a parent, managing conservator, guardian of the minor,
   1-19  or other person who, under the law of another state or a court
   1-20  order, may consent for the minor;
   1-21              (6)  another adult who has care and control of the
   1-22  minor and has written authorization to consent for the minor from a
   1-23  parent, managing conservator, guardian of the minor, or other
    2-1  person who, under the law of another state or a court order, may
    2-2  consent for the minor;
    2-3              (7)  a court having jurisdiction of a suit affecting
    2-4  the parent-child relationship of which the minor is the subject;
    2-5              (8)  an adult having care and control of the minor
    2-6  under an order of a juvenile court or by commitment by a juvenile
    2-7  court to the care of an agency of the state or county, if the adult
    2-8  reasonably believes the minor needs immunization; or
    2-9              (9)  an adult having care and control of the minor as
   2-10  the primary caregiver of the minor<, if the adult is granted the
   2-11  right to consent to immunization of the minor by order of a
   2-12  district court as provided in Section 35.015 of this code>.
   2-13        (c)  The Texas Youth Commission may consent, for a minor
   2-14  committed to it, to the immunization of the minor if a parent,
   2-15  managing conservator, guardian of the minor, or other person who,
   2-16  under the law of another state or a court order, may consent for
   2-17  the minor has been contacted and:
   2-18              (1)  refuses to consent or fails to carry out consent
   2-19  for the minor <or refuses delegation or fails to carry out a
   2-20  delegation under Section 35.012 of this code>; and
   2-21              (2)  does not expressly deny to the Texas Youth
   2-22  Commission the authority to consent for the minor.
   2-23        SECTION 2.  Section 35.013, Family Code, is amended to read
   2-24  as follows:
   2-25        Sec. 35.013.  Consent for Immunization:  Informed Consent.
    3-1  (a)  A person authorized under Section 35.011 <or 35.012> of this
    3-2  code to consent to the immunization of a minor has the
    3-3  responsibility to ensure that the consent, if given, is an informed
    3-4  consent.  The person authorized to consent is not required to be
    3-5  present when the immunization of the minor is requested if a
    3-6  consent form that meets the requirements of Section 35.02 of this
    3-7  code has been given to the health care provider.
    3-8        (b)  The responsibility of a health care provider to provide
    3-9  information to a person consenting under Section 35.011 <or 35.012>
   3-10  of this code is the same as the provider's responsibility to a
   3-11  parent.
   3-12        (c)  As part of the information given in the counseling for
   3-13  informed consent, the health care provider shall provide
   3-14  information to inform the person authorized under Section 35.011
   3-15  <or 35.012> of this code to consent to the immunization of a minor
   3-16  of the procedures available under the National Childhood Vaccine
   3-17  Injury Act of 1986 (Pub. L. 99-660)  to seek possible recovery for
   3-18  unreimbursed expenses for certain injuries arising out of the
   3-19  administration of certain vaccines.
   3-20        SECTION 3.  Section 35.014(b), Family Code, is amended to
   3-21  read as follows:
   3-22        (b)  A person consenting under Section 35.011 <or 35.012> of
   3-23  this code, a physician, nurse, other health care provider licensed
   3-24  to practice in this state, or a public health clinic, hospital, or
   3-25  other medical facility is not liable for damages arising from an
    4-1  immunization administered to a minor as authorized under Section
    4-2  35.011 <or 35.012> of this code except for the person's or
    4-3  facility's own acts of negligence.
    4-4        SECTION 4.  Sections 35.011(d), 35.012, and 35.015, Family
    4-5  Code, are repealed.
    4-6        SECTION 5.  The importance of this legislation and the
    4-7  crowded condition of the calendars in both houses create an
    4-8  emergency and an imperative public necessity that the
    4-9  constitutional rule requiring bills to be read on three several
   4-10  days in each house be suspended, and this rule is hereby suspended,
   4-11  and that this Act take effect and be in force from and after its
   4-12  passage, and it is so enacted.