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Amend the Engrossed version of SB 811 by adding the
appropriately numbered section.
SECTION ____. Subchapter A, Chapter 161, Health and Safety
Code, is amended by adding Section 161.0103 to read as follows:
Sec. 161.0103. VACCINES FOR CHILDREN PROGRAM. (a) In this
section:
(1) "Vaccines for children program" means the program
operated by the department under authority of 42 U.S.C. Section
1396s.
(2) "Equivalent vaccines" means two or more vaccines,
excluding the influenza vaccine, that protect a recipient of a
vaccine against the same infection or infections, that requires the
same number of doses, and that have similar safety and efficacy
profiles and which are recommended for comparable populations.
(b) Except as provided by Subsection (d), where two or more
manufacturers produce equivalent vaccines, the department shall
procure an equal supply of the vaccine from each manufacturer.
(c) An equivalent vaccine must be:
(1) approved by the United States Food and Drug
Administration;
(2) recommended by the federal Advisory Committee on
Immunization Practices; and
(3) made available to the department by the Centers for
Disease Control and Prevention of the United States Public Health
Service.
(d) The department shall procure an equal supply of each
equivalent vaccine under Subsection (b) only if the cost to the
department of providing each equivalent vaccine is not more than
110 percent of the lowest priced equivalent vaccine.