By: Zaffirini S.B. No. 1098
A BILL TO BE ENTITLED
AN ACT
1-1 relating to who may consent for the immunization of a minor.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Sections 35.011(a), (c), and (d), Family Code,
1-4 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 court order,
1-19 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) For the purposes of this section, a person cannot be
2-23 contacted if:>
2-24 <(1) the location of the person is unknown;>
2-25 <(2) a reasonable effort made by a grandparent, adult
3-1 brother or sister, or another person listed in Subsection (a) of
3-2 this section to locate and communicate with the person for the
3-3 purpose of obtaining the consent has failed and not more than 90
3-4 days have passed since the date that the effort was made; or>
3-5 <(3) the person who may consent has been contacted and
3-6 the person:>
3-7 <(A) refuses to consent or fails to carry out
3-8 consent for the minor or refuses delegation or fails to carry out a
3-9 delegation under Section 35.012 of this code; and>
3-10 <(B) does not expressly deny authority to the
3-11 grandparent, adult brother or sister, or another person listed in
3-12 Subsection (a) of this section to consent for the minor.>
3-13 SECTION 2. Section 35.013, Family Code, is amended to read
3-14 as follows:
3-15 Sec. 35.013. Consent for Immunization; Informed Consent.
3-16 (a) A person authorized under Section 35.011 <or 35.012 of this
3-17 code> to consent to the immunization of a minor has the
3-18 responsibility to ensure that the consent, if given, is an informed
3-19 consent. The person authorized to give consent need not be present
3-20 at the time the immunization of the minor is requested if a consent
3-21 form that meets the requirements of Section 35.02 has been given to
3-22 the health care provider.
3-23 (b) The responsibility of a health care provider to provide
3-24 information to a person consenting under Section 35.011 <or 35.012
3-25 of this code> is the same as the provider's responsibility to a
4-1 parent.
4-2 (c) As part of the information given in the counseling for
4-3 informed consent, the health care provider shall provide
4-4 information to inform the person authorized under Section 35.011
4-5 <or 35.012 of this code> to consent to the immunization of a minor
4-6 of the procedures available under the National Childhood Vaccine
4-7 Injury Act of 1986 (Pub. L. 99-660) to seek possible recovery for
4-8 unreimbursed expenses for certain injuries arising out of the
4-9 administration of certain vaccines.
4-10 SECTION 3. Section 35.014(b), Family Code, is amended to
4-11 read as follows:
4-12 (b) A person consenting under Section 35.011 or <35.012 of
4-13 this code>, a physician, nurse, other health care provider licensed
4-14 to practice in this state, or a public health clinic, hospital, or
4-15 other medical facility is not liable for damages arising from an
4-16 immunization administered to a minor as authorized under Section
4-17 35.011 <or 35.012 of this code> except for the person's or
4-18 facility's own acts of negligence.
4-19 SECTION 4. (a) Section 35.012, Family Code, is repealed.
4-20 (b) Section 35.015, Family Code, is repealed.
4-21 SECTION 5. The importance of this legislation and the
4-22 crowded condition of the calendars in both houses create an
4-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended.