| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to a policy on vaccine-preventable diseases for licensed |
|
|
child-care facilities. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter C, Chapter 42, Human Resources Code, |
|
|
is amended by adding Section 42.04305 to read as follows: |
|
|
Sec. 42.04305. VACCINE-PREVENTABLE DISEASE POLICY REQUIRED. |
|
|
(a) In this section: |
|
|
(1) "Facility employee" means an employee of a |
|
|
child-care facility. |
|
|
(2) "Vaccine-preventable diseases" means the diseases |
|
|
included in the most current recommendations of the Advisory |
|
|
Committee on Immunization Practices of the Centers for Disease |
|
|
Control and Prevention. |
|
|
(b) Each child-care facility shall develop and implement a |
|
|
policy to protect the children in its care from vaccine-preventable |
|
|
diseases. |
|
|
(c) The policy must: |
|
|
(1) require each facility employee to receive vaccines |
|
|
for the vaccine-preventable diseases specified by the child-care |
|
|
facility based on the level of risk the employee presents to |
|
|
children by the employee's routine and direct exposure to children; |
|
|
(2) specify the vaccines a facility employee is |
|
|
required to receive based on the level of risk the employee presents |
|
|
to children by the employee's routine and direct exposure to |
|
|
children; |
|
|
(3) include procedures for verifying whether a |
|
|
facility employee has complied with the policy; |
|
|
(4) include procedures for a facility employee to be |
|
|
exempt from the required vaccines for the medical conditions |
|
|
identified as contraindications or precautions by the Centers for |
|
|
Disease Control and Prevention; |
|
|
(5) for a facility employee who is exempt from the |
|
|
required vaccines, include procedures the employee must follow to |
|
|
protect children in the facility's care from exposure to disease, |
|
|
such as the use of protective medical equipment, including gloves |
|
|
and masks, based on the level of risk the employee presents to |
|
|
children by the employee's routine and direct exposure to children; |
|
|
(6) prohibit discrimination or retaliatory action |
|
|
against a facility employee who is exempt from the required |
|
|
vaccines for the medical conditions identified as |
|
|
contraindications or precautions by the Centers for Disease Control |
|
|
and Prevention, except that required use of protective medical |
|
|
equipment, including gloves and masks, may not be considered |
|
|
retaliatory action for purposes of this subdivision; |
|
|
(7) require the child-care facility to maintain a |
|
|
written or electronic record of each facility employee's compliance |
|
|
with or exemption from the policy; and |
|
|
(8) state the disciplinary actions the child-care |
|
|
facility is authorized to take against a facility employee who |
|
|
fails to comply with the policy. |
|
|
(d) The policy may include procedures for a facility |
|
|
employee to be exempt from the required vaccines based on reasons of |
|
|
conscience, including a religious belief. |
|
|
(e) The executive commissioner shall adopt rules necessary |
|
|
to implement this section. |
|
|
SECTION 2. Not later than June 1, 2014, the executive |
|
|
commissioner of the Health and Human Services Commission shall |
|
|
adopt the rules necessary to implement Section 42.04305, Human |
|
|
Resources Code, as added by this Act. |
|
|
SECTION 3. Notwithstanding Section 42.04305, Human |
|
|
Resources Code, as added by this Act, a child-care facility subject |
|
|
to that section is not required to have a policy on |
|
|
vaccine-preventable diseases in effect until September 1, 2014. |
|
|
SECTION 4. This Act takes effect September 1, 2013. |