1-1 By: Zaffirini S.B. No. 1098
1-2 (In the Senate - Filed March 9, 1995; March 14, 1995, read
1-3 first time and referred to Committee on Health and Human Services;
1-4 March 29, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 0; March 29, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1098 By: Zaffirini
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to consent for the immunization of a minor.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subsections (a) and (c), Section 35.011, Family
1-13 Code, are amended to read as follows:
1-14 (a) Any of the following may consent to the immunization of
1-15 a minor in the absence of <if> a parent, managing conservator,
1-16 guardian of the minor, or other person who, under the law of
1-17 another state or a court order, may consent for the minor <cannot
1-18 be contacted> and the authority to consent is not denied under
1-19 Subsection (b) of this section:
1-20 (1) a grandparent;
1-21 (2) an adult brother or sister;
1-22 (3) an adult aunt or uncle;
1-23 (4) a stepparent;
1-24 (5) an educational institution in which the minor is
1-25 enrolled and that has written authorization to consent for the
1-26 minor from a parent, managing conservator, guardian of the minor,
1-27 or other person who, under the law of another state or a court
1-28 order, may consent for the minor;
1-29 (6) another adult who has care and control of the
1-30 minor and has written authorization to consent for the minor from a
1-31 parent, managing conservator, guardian of the minor, or other
1-32 person who, under the law of another state or a court order, may
1-33 consent for the minor;
1-34 (7) a court having jurisdiction of a suit affecting
1-35 the parent-child relationship of which the minor is the subject;
1-36 (8) an adult having care and control of the minor
1-37 under an order of a juvenile court or by commitment by a juvenile
1-38 court to the care of an agency of the state or county, if the adult
1-39 reasonably believes the minor needs immunization; or
1-40 (9) an adult having care and control of the minor as
1-41 the primary caregiver of the minor<, if the adult is granted the
1-42 right to consent to immunization of the minor by order of a
1-43 district court as provided in Section 35.015 of this code>.
1-44 (c) The Texas Youth Commission may consent, for a minor
1-45 committed to it, to the immunization of the minor if a parent,
1-46 managing conservator, guardian of the minor, or other person who,
1-47 under the law of another state or a court order, may consent for
1-48 the minor has been contacted and:
1-49 (1) refuses to consent or fails to carry out consent
1-50 for the minor <or refuses delegation or fails to carry out a
1-51 delegation under Section 35.012 of this code>; and
1-52 (2) does not expressly deny to the Texas Youth
1-53 Commission the authority to consent for the minor.
1-54 SECTION 2. Section 35.013, Family Code, is amended to read
1-55 as follows:
1-56 Sec. 35.013. Consent for Immunization: Informed Consent.
1-57 (a) A person authorized under Section 35.011 <or 35.012> of this
1-58 code to consent to the immunization of a minor has the
1-59 responsibility to ensure that the consent, if given, is an informed
1-60 consent. The person authorized to consent is not required to be
1-61 present when the immunization of the minor is requested if a
1-62 consent form that meets the requirements of Section 35.02 of this
1-63 code has been given to the health care provider.
1-64 (b) The responsibility of a health care provider to provide
1-65 information to a person consenting under Section 35.011 <or 35.012>
1-66 of this code is the same as the provider's responsibility to a
1-67 parent.
1-68 (c) As part of the information given in the counseling for
2-1 informed consent, the health care provider shall provide
2-2 information to inform the person authorized under Section 35.011
2-3 <or 35.012> of this code to consent to the immunization of a minor
2-4 of the procedures available under the National Childhood Vaccine
2-5 Injury Act of 1986 (Pub. L. 99-660) to seek possible recovery for
2-6 unreimbursed expenses for certain injuries arising out of the
2-7 administration of certain vaccines.
2-8 SECTION 3. Subsection (b), Section 35.014, Family Code, is
2-9 amended to read as follows:
2-10 (b) A person consenting under Section 35.011 <or 35.012> of
2-11 this code, a physician, nurse, other health care provider licensed
2-12 to practice in this state, or a public health clinic, hospital, or
2-13 other medical facility is not liable for damages arising from an
2-14 immunization administered to a minor as authorized under Section
2-15 35.011 <or 35.012> of this code except for the person's or
2-16 facility's own acts of negligence.
2-17 SECTION 4. Subsection (d), Section 35.011, and Sections
2-18 35.012 and 35.015, Family Code, are repealed.
2-19 SECTION 5. The importance of this legislation and the
2-20 crowded condition of the calendars in both houses create an
2-21 emergency and an imperative public necessity that the
2-22 constitutional rule requiring bills to be read on three several
2-23 days in each house be suspended, and this rule is hereby suspended,
2-24 and that this Act take effect and be in force from and after its
2-25 passage, and it is so enacted.
2-26 * * * * *