78R8372 DLF-D

By:  Shapleigh                                                    S.B. No. 1148



A BILL TO BE ENTITLED

AN ACT

relating to information provided to parents of newborn children 
relating to immunizations.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 161, Health and Safety 
Code, is amended by adding Section 161.0045 to read as follows:
	Sec. 161.0045.  INFORMATION ON IMMUNIZATION OF CHILDREN; 
DUTIES OF HOSPITALS AND BIRTHING CENTERS.  (a)  Before a newborn 
child is discharged after birth from a birthing center licensed 
under Chapter 244 or a hospital, the birthing center or hospital 
shall provide to the child's parent, managing conservator, or 
guardian an informational pamphlet describing immunizations 
available to protect the child from disease.  A physician or 
certified nurse-midwife that attends the birth of a child outside 
of a birthing center or hospital shall provide the pamphlet to the 
child's parent, managing conservator, or guardian as soon as 
practicable following the birth of the child.  An employee or 
volunteer of the birthing center or hospital, the physician, the 
certified nurse-midwife, or an employee or volunteer on behalf of 
the physician or certified nurse-midwife shall personally deliver 
the pamphlet to the child's parent, managing conservator, or 
guardian.
	(b)  The department shall develop the informational pamphlet 
required by this section.
	(c)  The informational pamphlet must describe:                          
		(1)  the diseases for which the child may be immunized;                
		(2)  the appropriate schedule for administration of the 
immunizations to the child;
		(3)  the reasons the immunizations would be beneficial 
for the child;
		(4)  the potential risks of the immunizations;                         
		(5)  any other information a parent, managing 
conservator, or guardian needs to make an informed consent to the 
immunizations; and
		(6)  the immunization registry.                                        
	(d)  The department shall make the informational pamphlet 
available to hospitals having a maternity unit, birthing centers, 
physicians, and certified nurse-midwives.
	(e)  The Office of Early Childhood Coordination of the Health 
and Human Services Commission shall coordinate funding for the 
development, publication, and distribution of the informational 
pamphlet.  The development, publication, and distribution of the 
pamphlet may be funded through means other than appropriations, 
which may include gifts and grants and sale of sponsorship or 
advertising.
	SECTION 2.  Subchapter B, Chapter 241, Health and Safety 
Code, is amended by adding Section 241.029 to read as follows:
	Sec. 241.029.  INFORMATION ON IMMUNIZATION OF CHILDREN; DUTY 
OF HOSPITAL.  A hospital shall comply with Section 161.0045.
	SECTION 3.  Chapter 244, Health and Safety Code,  is amended 
by adding Section 244.0104 to read as follows:
	Sec. 244.0104.  INFORMATION ON IMMUNIZATION OF CHILDREN; 
DUTY OF BIRTHING CENTER.  A birthing center shall comply with 
Section 161.0045.
	SECTION 4.  Section 531.285, Government Code,  is amended by 
adding Subsection (d) to read as follows:
	(d)  The office shall coordinate funding for the 
development, publication, and distribution of the informational 
pamphlet relating to immunization of children as required by 
Section 161.0045, Health and Safety Code.
	SECTION 5.  Not later than January 1, 2004, the Texas 
Department of Health shall make available the informational 
pamphlet described by Section 161.0045, Health and Safety Code, as 
added by this Act.  In developing the informational pamphlet, the 
department may consider material contained in informational 
pamphlets previously prepared by the department and may use 
information previously compiled and available to the department.
	SECTION 6.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.