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A BILL TO BE ENTITLED
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AN ACT
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relating to a health care practitioner counseling requirement for |
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persons claiming an immunization exemption on the basis of |
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conscience, including a religious belief. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 38.001(c), Education Code, is amended to |
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read as follows: |
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(c) Immunization is not required for a person's admission to |
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any elementary or secondary school if the person applying for |
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admission: |
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(1) submits to the admitting official: |
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(A) an affidavit or a certificate signed by a |
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physician who is duly registered and licensed to practice medicine |
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in the United States, in which it is stated that, in the physician's |
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opinion, the immunization required poses a significant risk to the |
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health and well-being of the applicant or any member of the |
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applicant's family or household; or |
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(B) an affidavit signed by the applicant or, if a |
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minor, by the applicant's parent or guardian stating that the |
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applicant declines immunization for reasons of conscience, |
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including a religious belief, and a completed health care |
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practitioner counseling certification stating that the |
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practitioner has provided information on the risks and benefits of |
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immunization; or |
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(2) is a member of the armed forces of the United |
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States and is on active duty. |
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SECTION 2. Sections 51.9192(d) and (d-3), Education Code, |
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are amended to read as follows: |
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(d) A student to whom this section applies or a parent or |
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guardian of the student is not required to comply with Subsection |
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(c) if the student or a parent or guardian of the student submits to |
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the institution: |
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(1) an affidavit or a certificate signed by a |
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physician who is duly registered and licensed to practice medicine |
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in the United States in which it is stated that, in the physician's |
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opinion, the vaccination required would be injurious to the health |
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and well-being of the student; or |
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(2) an affidavit signed by the student stating that |
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the student declines the vaccination for bacterial meningitis for |
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reasons of conscience, including a religious belief, or |
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confirmation that the student has completed the Internet-based |
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process described by Subsection (d-3) for declining the vaccination |
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on that basis, if applicable to the student, and a completed health |
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care practitioner counseling certification stating that the |
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practitioner has provided information on the risks and benefits of |
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immunization. |
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(d-3) The Department of State Health Services shall develop |
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and implement a secure, Internet-based process to be used |
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exclusively at those public junior colleges that elect to use the |
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process to allow an entering student to apply online for an |
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exemption from the vaccination requirement under this section for |
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reasons of conscience. The online process portal must be designed |
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to ensure that duplicate exemption requests are avoided to the |
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greatest extent possible. The exemption form used by a student to |
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claim an exemption under the process must contain a statement |
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indicating that the student understands the benefits and risks of |
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the immunization and the benefits and risks of not receiving the |
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immunization. A student who uses the Internet-based process under |
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this section is required to submit, in the manner prescribed by the |
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college, a completed health care practitioner counseling |
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certification stating that the practitioner has provided |
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information on the risks and benefits of immunization. |
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SECTION 3. Section 51.933(d), Education Code, is amended to |
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read as follows: |
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(d) No form of immunization is required for a person's |
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admission to an institution of higher education if the person |
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applying for admission: |
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(1) submits to the admitting official: |
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(A) an affidavit or a certificate signed by a |
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physician who is duly registered and licensed to practice medicine |
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within the United States in which it is stated that, in the |
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physician's opinion, the immunization required poses a significant |
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risk to the health and well-being of the applicant or any member of |
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the applicant's family or household; or |
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(B) an affidavit signed by the applicant or, if a |
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minor, by the applicant's parent or guardian stating that the |
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applicant declines immunization for reasons of conscience, |
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including a religious belief, and a completed health care |
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practitioner counseling certification stating that the |
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practitioner has provided information on the risks and benefits of |
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immunization; or |
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(2) is a member of the armed forces of the United |
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States and is on active duty. |
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SECTION 4. Section 161.004(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) A child is exempt from an immunization required by this |
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section if: |
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(1) a parent, managing conservator, or guardian states |
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that: |
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(A) the immunization is being declined for |
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reasons of conscience, including a religious belief; and |
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(B) the parent, managing conservator, or |
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guardian has been counseled by a physician, advanced practice |
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registered nurse, or physician assistant on the risks and benefits |
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of immunization; or |
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(2) the immunization is medically contraindicated |
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based on the opinion of a physician licensed by any state in the |
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United States who has examined the child. |
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SECTION 5. The heading to Section 161.0041, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 161.0041. IMMUNIZATION EXEMPTION AFFIDAVIT FORM AND |
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HEALTH CARE PRACTITIONER COUNSELING CERTIFICATION FORM. |
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SECTION 6. Section 161.0041, Health and Safety Code, is |
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amended by amending Subsections (a) and (c) and adding Subsections |
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(a-1), (d-1), and (d-2) to read as follows: |
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(a) A person claiming an exemption from a required |
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immunization based on reasons of conscience, including a religious |
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belief, under Section 161.004 of this code, Section 38.001, |
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51.9192, or 51.933, Education Code, or Section 42.043, Human |
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Resources Code, must: |
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(1) complete an affidavit on a form provided by the |
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department stating the reason for the exemption; and |
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(2) submit a completed health care practitioner |
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counseling certification. |
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(a-1) Subsection (a)(1) [This subsection] does not apply to |
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a person claiming the exemption using the Internet-based process |
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under Section 51.9192(d-3), Education Code. |
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(c) A person claiming an exemption from a required |
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immunization under this section may only obtain the affidavit form |
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by submitting a written request for the affidavit form to the |
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department. The department shall include a blank copy of the health |
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care practitioner counseling certification form described by |
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Subsection (d-1) with each affidavit form sent to a person. |
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(d-1) The department shall develop a blank health care |
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practitioner counseling certification form to be completed by a |
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physician, advanced practice registered nurse, or physician |
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assistant who has counseled a person and, if the person is a minor, |
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the person's parent, managing conservator, or guardian, about the |
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risks and benefits of immunization. The form must contain: |
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(1) spaces for: |
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(A) the name, signature, and license number of |
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the health care practitioner providing counsel; |
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(B) the name of the person claiming the |
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exemption, the name of the person's parent, managing conservator, |
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or guardian, as applicable, and the signature of the person or the |
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person's parent, managing conservator, or guardian, as applicable; |
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and |
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(C) the date; and |
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(2) the following statement or substantially similar |
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language: |
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"I certify that I have provided medically accurate |
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information on the risks and benefits of immunization." |
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(d-2) The department shall make the printable health care |
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practitioner counseling certification form available on the |
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department's Internet website. |
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SECTION 7. Section 224.002(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) The policy may include procedures for a covered |
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individual to be exempt from the required vaccines based on reasons |
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of conscience, including a religious belief, provided that the |
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policy requires an individual claiming an exemption based on |
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reasons of conscience to certify that the individual has received |
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counseling from a physician, advanced practice registered nurse, or |
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physician assistant on the risks and benefits of vaccines. |
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SECTION 8. Section 42.043(d), Human Resources Code, is |
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amended to read as follows: |
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(d) No immunization may be required for admission to a |
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facility regulated under this chapter if a person applying for a |
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child's admission submits [one of the following affidavits]: |
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(1) an affidavit signed by a licensed physician |
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stating that the immunization poses a significant risk to the |
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health and well-being of the child or a member of the child's family |
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or household; or |
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(2) an affidavit signed by the child's parent or |
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guardian stating that the applicant declines immunization for |
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reasons of conscience, including a religious belief, and a |
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completed health care practitioner counseling certification |
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stating that the practitioner has provided information on the risks |
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and benefits of immunization. |
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SECTION 9. Section 42.04305(d), Human Resources Code, is |
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amended to read as follows: |
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(d) The policy shall include procedures for a facility |
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employee to be exempt from the required vaccines based on reasons of |
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conscience, including a religious belief, and those procedures must |
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include the requirement that the employee claiming the exemption |
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certify that the employee has received counseling from a physician, |
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advanced practice registered nurse, or physician assistant on the |
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risks and benefits of vaccines. |
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SECTION 10. (a) Not later than December 1, 2017, the |
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Department of State Health Services shall make the health care |
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practitioner counseling certification form required by Section |
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161.0041, Health and Safety Code, as amended by this Act, available |
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on the department's Internet website. |
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(b) A person claiming an immunization exemption on the basis |
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of conscience, including a religious belief, on or after January 1, |
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2018, is required to submit a completed health care practitioner |
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counseling certification or otherwise affirm that the person has |
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received counseling from a health care practitioner, as applicable. |
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(c) A person claiming an immunization exemption on the basis |
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of conscience, including a religious belief, before January 1, |
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2018, is required to submit a completed health care practitioner |
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counseling certification or otherwise affirm that the person has |
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received counseling from a health care practitioner, as applicable, |
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before September 1, 2018, to continue to be eligible for the |
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exemption. |
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SECTION 11. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2017. |