By: Zaffirini S.B. No. 1098
A BILL TO BE ENTITLED
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) and (c), Section 35.011, Family
1-4 Code, are amended to read as follows:
1-5 (a) Any of the following may consent to the immunization of
1-6 a minor in the absence of <if> a parent, managing conservator,
1-7 guardian of the minor, or other person who, under the law of
1-8 another state or a court order, may consent for the minor <cannot
1-9 be 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 SECTION 2. Section 35.013, Family Code, is amended to read
2-23 as follows:
2-24 Sec. 35.013. Consent for Immunization: Informed Consent.
2-25 (a) A person authorized under Section 35.011 <or 35.012> of this
3-1 code to consent to the immunization of a minor has the
3-2 responsibility to ensure that the consent, if given, is an informed
3-3 consent. The person authorized to consent is not required to be
3-4 present when the immunization of the minor is requested if a
3-5 consent form that meets the requirements of Section 35.02 of this
3-6 code has been given to the health care provider.
3-7 (b) The responsibility of a health care provider to provide
3-8 information to a person consenting under Section 35.011 <or 35.012>
3-9 of this code is the same as the provider's responsibility to a
3-10 parent.
3-11 (c) As part of the information given in the counseling for
3-12 informed consent, the health care provider shall provide
3-13 information to inform the person authorized under Section 35.011
3-14 <or 35.012> of this code to consent to the immunization of a minor
3-15 of the procedures available under the National Childhood Vaccine
3-16 Injury Act of 1986 (Pub. L. 99-660) to seek possible recovery for
3-17 unreimbursed expenses for certain injuries arising out of the
3-18 administration of certain vaccines.
3-19 SECTION 3. Subsection (b), Section 35.014, Family Code, is
3-20 amended to read as follows:
3-21 (b) A person consenting under Section 35.011 <or 35.012> of
3-22 this code, a physician, nurse, other health care provider licensed
3-23 to practice in this state, or a public health clinic, hospital, or
3-24 other medical facility is not liable for damages arising from an
3-25 immunization administered to a minor as authorized under Section
4-1 35.011 <or 35.012> of this code except for the person's or
4-2 facility's own acts of negligence.
4-3 SECTION 4. Subsection (d), Section 35.011, and Sections
4-4 35.012 and 35.015, Family Code, are repealed.
4-5 SECTION 5. The importance of this legislation and the
4-6 crowded condition of the calendars in both houses create an
4-7 emergency and an imperative public necessity that the
4-8 constitutional rule requiring bills to be read on three several
4-9 days in each house be suspended, and this rule is hereby suspended,
4-10 and that this Act take effect and be in force from and after its
4-11 passage, and it is so enacted.