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78R6775 MCK-F
By: Corte H.B. No. 2840
A BILL TO BE ENTITLED
AN ACT
relating to the right to refuse certain immunizations and medical
treatment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The legislature finds that people and
organizations hold different beliefs about whether immunizations
are necessary, safe, or morally acceptable for individuals. The
right to informed consent for a medical procedure that carries the
risk of injury or death is a human right. Individual inviolability
and the right to self determination supersede the interest of the
state in deriving benefits from the individual. It is the public
policy of the State of Texas to promote immunization while
respecting and protecting the right to informed consent and the
right to act in accordance with conscience of all persons who refuse
to obtain an immunization by reason of their refusal to act contrary
to their religious beliefs, conscience, or conscientious
convictions.
SECTION 2. Section 38.001, Education Code, is amended by
amending Subsection (c) and adding Subsection (f) to read as
follows:
(c) Immunization is not required for a person's admission to
any elementary or secondary school if the person applying for
admission:
(1) submits to the admitting official:
(A) an affidavit or a certificate signed by a
physician who is duly registered and licensed to practice medicine
in the United States, in which it is stated that, in the physician's
opinion, the immunization required could [would] be injurious to
the health and well-being of the applicant or any member of the
applicant's family or household; or
(B) an affidavit signed by the applicant or, if a
minor, by the applicant's parent or guardian stating that the
applicant declines immunization for reasons of conscience or
because of a religious belief [conflicts with the tenets and
practice of a recognized church or religious denomination of which
the applicant is an adherent or member, except that this exemption
does not apply in times of emergency or epidemic declared by the
commissioner of public health]; or
(2) is a member of the armed forces of the United
States and is on active duty.
(f) A person who has not received the immunizations required
by this section for reasons of conscience or because of the person's
religious beliefs may be excluded from school in times of emergency
or epidemic declared by the commissioner of public health.
SECTION 3. Section 51.933(d), Education Code, is amended to
read as follows:
(d) No form of immunization is required for a person's
admission to an institution of higher education if the person
applying for admission:
(1) submits to the admitting official:
(A) an affidavit or a certificate signed by a
physician who is duly registered and licensed to practice medicine
within the United States in which it is stated that, in the
physician's opinion, the immunization required could [would] be
injurious to the health and well-being of the applicant or any
member of the applicant's family or household; or
(B) an affidavit signed by the applicant or, if a
minor, by the applicant's parent or guardian stating that the
applicant declines immunization for reasons of conscience or
because of a religious belief [conflicts with the tenets and
practice of a recognized church or religious denomination of which
the applicant is an adherent or member]; or
(2) is a member of the armed forces of the United
States and is on active duty.
SECTION 4. Section 81.009, Health and Safety Code, is
amended to read as follows:
Sec. 81.009. EXEMPTION FROM MEDICAL TREATMENT. (a) This
chapter does not authorize or require the medical treatment or
immunization of an individual if the individual or, in the case of a
child, the parent, managing conservator, or guardian of the child
refuses treatment or immunization for the following reasons:
(1) the medical treatment or immunization is medically
contraindicated based on the opinion of a physician licensed by any
state in the United States who has examined the individual; or
(2) the individual or, in the case of a child, the
parent, managing conservator, or guardian of the child states that
the medical treatment or immunization is being declined for reasons
of conscience or because of a religious belief [who chooses
treatment by prayer or spiritual means as part of the tenets and
practices of a recognized church of which the individual is an
adherent or member].
(b) An [However, the] individual who refuses medical
treatment or immunization may be humanely isolated or quarantined
in the least restrictive means practicable either at home if the
individual does not have a confirmed case of a communicable disease
or in an appropriate facility and shall obey the rules, orders, and
instructions of the department or health authority while in
isolation or quarantine.
[(b) An exemption from medical treatment under this section
does not apply during an emergency or an area quarantine or after
the issuance by the governor of an executive order or a proclamation
under Chapter 418, Government Code (Texas Disaster Act of 1975).]
SECTION 5. Section 81.087, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) Except as provided by Subsection (a-1), a [A] person
commits an offense if the person knowingly refuses to perform or
allow the performance of certain control measures ordered by a
health authority or the department under Sections 81.083-81.086.
(a-1) If the control measure requires medical treatment or
immunization of the individual and the individual or, in the case of
a child, the parent, managing conservator, or guardian of the child
claims an exemption for medical, religious, or conscientious
reasons as provided by Section 81.009, the person commits an
offense only if the person refuses to follow an order by a health
authority or the department for isolation or quarantine.
SECTION 6. Section 161.001(d), Health and Safety Code, is
amended to read as follows:
(d) This section does not apply to:
(1) a negligent act in administering the vaccine or
immunizing agent; or
(2) a health care provider who fails to follow the
requirements of 42 U.S.C. Sections 300aa-25 and 300aa-26 in
administering a vaccine or immunizing agent.
SECTION 7. Section 161.004(d), Health and Safety Code, is
amended to read as follows:
(d) A child is exempt from an immunization required by this
section if:
(1) [immunization conflicts with the tenets of an
organized religion to which] a parent, managing conservator, or
guardian states that the immunization is being declined for reasons
of conscience or because of a religious belief [belongs]; or
(2) the immunization is medically contraindicated
based on the opinion of [an examination of the child by] a physician
licensed by any state in the United States who has examined the
child.
SECTION 8. Section 42.043(d), Human Resources Code, is
amended to read as follows:
(d) No immunization may be required for admission to a
facility regulated under this chapter if a person applying for a
child's admission submits one of the following affidavits:
(1) an affidavit signed by a licensed physician
stating that the immunization could [would] be injurious to the
health and well-being of the child or a member of the child's family
or household; or
(2) an affidavit signed by the child's parent or
guardian stating that the applicant declines immunization for
reasons of conscience or because of a religious belief [conflicts
with the tenets and practices of a recognized religious
organization of which the applicant is an adherent or a member].
SECTION 9. (a) The change in law made by this Act to Section
81.087, Health and Safety Code, applies only to an offense
committed on or after the effective date of this Act. For purposes
of this section, an offense is committed before the effective date
of this Act if any element of the offense occurs before that date.
(b) An offense committed before the effective date of this
Act is governed by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
SECTION 10. The change in law made by this Act to Section
161.001, Health and Safety Code, applies only to a cause of action
that accrues on or after the effective date of this Act. An action
that accrued before the effective date of this Act is governed by
the law applicable to the action immediately before the effective
date of this Act, and that law is continued in effect for that
purpose.
SECTION 11. This Act takes effect September 1, 2003.