By: Shapleigh S.B. No. 1148
(In the Senate - Filed March 11, 2003; March 17, 2003, read
first time and referred to Committee on Health and Human Services;
April 22, 2003, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0; April 22, 2003,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1148 By: Gallegos
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 and contraindications of the
immunizations;
(5) how to report a vaccine reaction to the federal
Vaccine Adverse Event Reporting System;
(6) the National Vaccine Injury Compensation Program
of the United States Department of Health and Human Services,
contact information for the program, and the applicable statute of
limitations for filing a claim under the program;
(7) any other information a parent, managing
conservator, or guardian needs to make an informed consent to the
immunizations; and
(8) the immunization registry.
(d) The department shall distribute the informational
pamphlet 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. Subsection (c), Section 241.022, Health and
Safety Code, is amended to read as follows:
(c) The department shall require that each hospital show
evidence that:
(1) at least one physician is on the medical staff of
the hospital, including evidence that the physician is currently
licensed;
(2) the governing body of the hospital has adopted and
implemented a patient transfer policy in accordance with Section
241.027; [and]
(3) if the governing body has chosen to implement
patient transfer agreements, it has implemented the agreements in
accordance with Section 241.028; and
(4) the hospital complies with Section 161.0045, as
required by Section 241.029.
SECTION 3. 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 4. Subsection (c), Section 244.005, Health and
Safety Code, is amended to read as follows:
(c) The application must contain evidence that:
(1) the composition of the center's staff meets the
standards adopted by the board under this chapter for the level of
license for which the application is submitted; and
(2) the center complies with Section 161.0045, as
required by Section 244.0104.
SECTION 5. 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 6. 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 7. 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 8. 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.
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