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A BILL TO BE ENTITLED
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AN ACT
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relating to a policy on vaccine-preventable diseases for public |
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schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 38, Education Code, is |
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amended by adding Section 38.0022 to read as follows: |
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Sec. 38.0022. VACCINE-PREVENTABLE DISEASE POLICY REQUIRED. |
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(a) In this section: |
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(1) "School employee" means an employee of a public |
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school. |
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(2) "Vaccine-preventable diseases" means the diseases |
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included in the most current recommendations of the Advisory |
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Committee on Immunization Practices of the Centers for Disease |
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Control and Prevention. |
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(b) Each public school shall develop and implement a policy |
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to protect the students attending the public school from |
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vaccine-preventable diseases. |
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(c) The policy must: |
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(1) require each school employee to receive vaccines |
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for the vaccine-preventable diseases specified by the school based |
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on the level of risk the employee presents to students by the |
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employee's routine and direct exposure to students; |
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(2) specify the vaccines a school employee is required |
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to receive based on the level of risk the employee presents to |
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students by the employee's routine and direct exposure to students; |
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(3) include procedures for verifying whether a school |
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employee has complied with the policy; |
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(4) include procedures for a school employee to be |
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exempt from the required vaccines for the medical conditions |
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identified as contraindications or precautions by the Centers for |
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Disease Control and Prevention; |
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(5) for a school employee who is exempt from the |
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required vaccines, include procedures the employee must follow to |
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protect students attending the school from exposure to disease, |
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such as the use of protective medical equipment, including gloves |
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and masks, based on the level of risk the employee presents to |
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students by the employee's routine and direct exposure to students; |
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(6) prohibit discrimination or retaliatory action |
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against a school employee who is exempt from the required vaccines |
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for the medical conditions identified as contraindications or |
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precautions by the Centers for Disease Control and Prevention, |
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except that required use of protective medical equipment, including |
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gloves and masks, may not be considered retaliatory action for |
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purposes of this subdivision; |
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(7) require the public school to maintain a written or |
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electronic record of each school employee's compliance with or |
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exemption from the policy; and |
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(8) state the disciplinary actions the public school |
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is authorized to take against a school employee who fails to comply |
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with the policy. |
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(d) The commissioner shall adopt rules as necessary to |
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implement this section. |
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SECTION 2. Not later than June 1, 2016, the commissioner of |
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education shall adopt the rules necessary to implement Section |
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38.0022, Education Code, as added by this Act. |
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SECTION 3. Notwithstanding Section 38.0022, Education |
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Code, as added by this Act, a school district or open-enrollment |
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charter school subject to that section is not required to have a |
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policy on vaccine-preventable diseases in effect until September 1, |
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2016. |
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SECTION 4. This Act takes effect September 1, 2015. |