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  By: Hopson H.B. No. 3237
 
 
A BILL TO BE ENTITLED
AN ACT
relating to requiring the Department of State Health Services to
allow health care providers to use certain vaccines in the vaccines
for children program.
       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 161.0102 to read as follows:
       Sec. 161.0102.  VACCINES FOR CHILDREN PROGRAM.  (a)  In this
section, "vaccines for children program" means the program operated
by the department under authority of 42 U.S.C. Section 1396s, as
amended.
       (b)  The department shall allow each health care provider
participating in the vaccines for children program to select
vaccines from the list of all vaccines that are:
             (1)  approved by the United States Food and Drug
Administration;
             (2)  recommended by the federal Advisory Committee on
Immunization Practices; and
             (3)  made available under contract with the Centers for
Disease Control of the United States Public Health Service.
       (c)  The department shall provide a vaccine selected by a
health care provider under Subsection (b) only if the cost to the
department of providing the vaccine is not more than 110 percent of
the lowest priced equivalent vaccine.
       (d)  This section shall apply only to vaccines which are
available from more than one manufacturer.
       SECTION 2.  This Act takes effect September 1, 2007.