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A BILL TO BE ENTITLED
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AN ACT
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relating to consent to the immunization of certain children. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 32, Family Code, is |
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amended by adding Section 32.1011 to read as follows: |
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Sec. 32.1011. CONSENT TO IMMUNIZATION BY CHILD. (a) |
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Notwithstanding Section 32.001, 32.003, or 32.101, a child may |
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consent to the child's own immunization if: |
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(1) the child is 14 years of age or older and is |
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committed to the Texas Juvenile Justice Department under Title 3; |
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(2) the health care provider administering the |
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immunization has on file a valid consent form for the medical |
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treatment of the child completed by a parent, managing conservator, |
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or guardian of the child or other person who, under the law of |
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another state or a court order, may consent for the child or a |
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person authorized to consent to the treatment under Section 32.001; |
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and |
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(3) the health care provider administering the |
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immunization has made a reasonable attempt to contact the person |
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who completed the consent form described by Subdivision (2) and was |
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unable to contact that person for consent to the immunization. |
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(b) Notwithstanding Subsection (a), a provider may not |
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administer an immunization to a child under this section if the |
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provider has actual knowledge that a parent, managing conservator, |
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or guardian of the child or other person who, under the law of |
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another state or a court order, may consent for the child has |
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expressly refused to give consent to the immunization. |
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(c) A child who consents to immunization under this section |
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shall provide the health care provider with sufficient and accurate |
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health history and other information for the child and, if |
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necessary, sufficient and accurate health history and information |
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about the child's family to enable the child and the health care |
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provider to determine adequately the risks and benefits inherent in |
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the proposed immunization and to determine whether immunization is |
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advisable. |
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(d) Consent to immunization under this section must meet the |
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requirements of Section 32.002(a). |
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(e) Consent by a child to immunization under this section is |
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not subject to disaffirmance because of minority. |
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(f) A health care provider or facility is not liable for the |
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immunization of a child under this section except for the |
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provider's or the facility's own acts of negligence. |
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(g) To the extent of any conflict between this section and |
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Section 32.003, this section controls. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |