Amend CSHB 44 (senate committee report) in SECTION 1 of the bill as follows:
(1) Immediately following added Section 531.02119(a), Government Code (page 1, between lines 35 and 36), insert the following:
(a-1) Notwithstanding Subsection (a), a provider is not in violation of this section if the provider:
(1) adopts a policy requiring some or all of the provider's patients, including patients who are Medicaid recipients or child health plan program enrollees, to be vaccinated or immunized against a particular infections or communicable disease to receive health care services from the provider; and
(2) provides an exemption to the policy described by Subdivision (1) under which the provider accepts from a patient who is a Medicaid recipient or child health plan program enrollee an oral or written request for an exemption from each required vaccination or immunization based on:
(A) a reason of conscience, including a sincerely held religious belief, observance, or practice, that is incompatible with the administration of the vaccination or immunization; or
(B) a recognized medical condition for which the vaccinations or immunization is contraindicated.
(2) Strike added Section 531.02119(e), Government Code (page 1, lines 50 and 51), and substitute the following:
(e) The executive commissioner shall adopt rules necessary to implement this section, including rules establishing the right of a provider who is alleged to have violated this section to seek administrative and judicial review of the alleged violation.