S.B. No. 1098
AN ACT
1-1 relating to consent for the immunization of a minor.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subsections (a), (c), and (d), Section 35.011,
1-4 Family Code, are amended to read as follows:
1-5 (a) Any of the following may consent to the immunization of
1-6 a minor if a parent, managing conservator, guardian of the minor,
1-7 or other person who, under the law of another state or a court
1-8 order, may consent for the minor is not available <cannot be
1-9 contacted> and the authority to consent is not denied under
1-10 Subsection (b) of this section:
1-11 (1) a grandparent;
1-12 (2) an adult brother or sister;
1-13 (3) an adult aunt or uncle;
1-14 (4) a stepparent;
1-15 (5) an educational institution in which the minor is
1-16 enrolled and that has written authorization to consent for the
1-17 minor from a parent, managing conservator, guardian of the minor,
1-18 or other person who, under the law of another state or a court
1-19 order, may consent for the minor;
1-20 (6) another adult who has care and control of the
1-21 minor and has written authorization to consent for the minor from a
1-22 parent, managing conservator, guardian of the minor, or other
1-23 person who, under the law of another state or a court order, may
2-1 consent for the minor;
2-2 (7) a court having jurisdiction of a suit affecting
2-3 the parent-child relationship of which the minor is the subject;
2-4 (8) an adult having care and control of the minor
2-5 under an order of a juvenile court or by commitment by a juvenile
2-6 court to the care of an agency of the state or county, if the adult
2-7 reasonably believes the minor needs immunization; or
2-8 (9) an adult having care and control of the minor as
2-9 the primary caregiver of the minor<, if the adult is granted the
2-10 right to consent to immunization of the minor by order of a
2-11 district court as provided in Section 35.015 of this code>.
2-12 (c) The Texas Youth Commission may consent, for a minor
2-13 committed to it, to the immunization of the minor if a parent,
2-14 managing conservator, guardian of the minor, or other person who,
2-15 under the law of another state or a court order, may consent for
2-16 the minor has been contacted and:
2-17 (1) refuses to consent or fails to carry out consent
2-18 for the minor <or refuses delegation or fails to carry out a
2-19 delegation under Section 35.012 of this code>; and
2-20 (2) does not expressly deny to the Texas Youth
2-21 Commission the authority to consent for the minor.
2-22 (d) A person who consents under this section shall provide
2-23 the health care provider with sufficient and accurate health
2-24 history and other information about the minor for whom the consent
2-25 is given and, if necessary, sufficient and accurate health history
3-1 and information about the minor's family to enable the person who
3-2 may consent to the immunization of the minor and the health care
3-3 provider to determine adequately the risks and benefits inherent in
3-4 the proposed immunization and determine whether immunization is
3-5 advisable. <For the purposes of this section, a person cannot be
3-6 contacted if:>
3-7 <(1) the location of the person is unknown;>
3-8 <(2) a reasonable effort made by a grandparent, adult
3-9 brother or sister, or another person listed in Subsection (a) of
3-10 this section to locate and communicate with the person for the
3-11 purpose of obtaining the consent has failed and not more than 90
3-12 days have passed since the date that the effort was made; or>
3-13 <(3) the person who may consent has been contacted and
3-14 the person:>
3-15 <(A) refuses to consent or fails to carry out
3-16 consent for the minor or refuses delegation or fails to carry out a
3-17 delegation under Section 35.012 of this code; and>
3-18 <(B) does not expressly deny authority to the
3-19 grandparent, adult brother or sister, or another person listed in
3-20 Subsection (a) of this section to consent for the minor.>
3-21 SECTION 2. Section 35.013, Family Code, is amended to read
3-22 as follows:
3-23 Sec. 35.013. Consent for Immunization: Informed Consent.
3-24 (a) A person authorized under Section 35.011 <or 35.012> of this
3-25 code to consent to the immunization of a minor has the
4-1 responsibility to ensure that the consent, if given, is an informed
4-2 consent. The person authorized to consent is not required to be
4-3 present when the immunization of the minor is requested if a
4-4 consent form that meets the requirements of Section 35.02 of this
4-5 code has been given to the health care provider.
4-6 (b) The responsibility of a health care provider to provide
4-7 information to a person consenting under Section 35.011 <or 35.012>
4-8 of this code is the same as the provider's responsibility to a
4-9 parent.
4-10 (c) As part of the information given in the immunization
4-11 counseling for informed consent, the health care provider shall
4-12 provide information to inform the person authorized under Section
4-13 35.011 <or 35.012> of this code to consent to the immunization of a
4-14 minor of the procedures available under the National Childhood
4-15 Vaccine Injury Act of 1986 (Pub. L. 99-660) to seek possible
4-16 recovery for unreimbursed expenses for certain injuries arising out
4-17 of the administration of certain vaccines.
4-18 SECTION 3. Subsection (b), Section 35.014, Family Code, is
4-19 amended to read as follows:
4-20 (b) A person consenting under Section 35.011 <or 35.012> of
4-21 this code, a physician, nurse, other health care provider licensed
4-22 to practice in this state, or a public health clinic, hospital, or
4-23 other medical facility is not liable for damages arising from an
4-24 immunization administered to a minor as authorized under Section
4-25 35.011 <or 35.012> of this code except for the person's or
5-1 facility's own acts of negligence.
5-2 SECTION 4. Subsection (a), Section 35.02, Family Code, is
5-3 amended to read as follows:
5-4 (a) Consent to medical treatment under Sections <Section>
5-5 35.01 and 35.011 of this code shall be in writing, signed by the
5-6 person giving consent, and given to the doctor, hospital, or other
5-7 medical facility that administers the treatment.
5-8 SECTION 5. Sections 35.012 and 35.015, Family Code, are
5-9 repealed.
5-10 SECTION 6. The importance of this legislation and the
5-11 crowded condition of the calendars in both houses create an
5-12 emergency and an imperative public necessity that the
5-13 constitutional rule requiring bills to be read on three several
5-14 days in each house be suspended, and this rule is hereby suspended,
5-15 and that this Act take effect and be in force from and after its
5-16 passage, and it is so enacted.