S.B. 486 78(R)    BILL ANALYSIS


S.B. 486
By: Zaffirini
Public Health
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently, Texas ranks poorly in relation to other states in its rate of
early childhood immunization. The Texas Department of Health (TDH) has
attributed this low immunization rate to several factors. Those factors
include poor parental education and concerns from private health care
professionals about increased liability associated with the participation
in public immunization programs.  As proposed, S.B. 486 requires TDH and
the Texas Education Agency to work together to increase immunization
awareness and participation among parents of preschool and school age
children.  This legislation also allows private providers to participate
in early childhood immunization programs without fear of increased
liability.   

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

Requires the Texas Department of Health to develop new public-private
partnerships and work with existing public-private partnerships to
increase public and private awareness of and support for early childhood
immunizations.  The proposed bill further requires the department to work
with the Texas Education Agency to increase awareness and participation
among parents of preschool and schoolage children by performing certain
actions relating to applying for federal funds and creating partnerships
between certain public and private entities.  The proposed bill sets forth
a limitation on liability for any provider who acts in compliance with
Sections 161.007 and 161.008 and any rules adopted under those sections is
not civilly or criminally liable for furnishing the information required
under those sections.  However, this limitation does not apply to criminal
liability established under Section 161.009.  The proposed bill  provides
that a person administering vaccinations under a department program is
liable only to the extent that they would be liable if they had
administered the vaccine outside of the program.  Provides that a person
is not liable for damages arising from the acts or omissions of another
person acting under the program or the department.  Provides that the
immunity created by this section is in addition to any immunity created by
Sections 161.001 and 161.007(g). 

Requires each state agency that has contact with families in this state
either in person or by telephone, mail, or the Internet to include in the
agency's strategic plan a strategy for increasing public awareness of the
need for early childhood immunizations.  TDH is required to identify the
state agencies to which this section applies and notify the agencies of
their duty under this section.  
EFFECTIVE DATE

September 1, 2003