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A BILL TO BE ENTITLED
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AN ACT
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relating to informed consent to immunizations for children and |
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civil liability for failure to obtain the consent. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 32.102, Family Code, is |
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amended to read as follows: |
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Sec. 32.102. INFORMED CONSENT TO IMMUNIZATION; LIABILITY. |
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SECTION 2. Section 32.102, Family Code, is amended by |
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amending Subsections (a) and (c) and adding Subsections (d) and (e) |
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to read as follows: |
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(a) Before administering an immunization to a child, a |
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health care provider must obtain the informed consent of a [A] |
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person authorized to consent to [the] immunization of the [a] child |
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[has the responsibility to ensure that the consent, if given, is an |
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informed consent]. The person authorized to consent is not |
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required to be present when [the] immunization of the child is |
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requested if a consent form that meets the requirements of Section |
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32.002 has been given to the health care provider. |
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(c) As part of the information given in the counseling for |
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informed consent, the health care provider shall provide |
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[information to inform] the person authorized to consent to |
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immunization with information regarding: |
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(1) the benefits and risks of immunization, including |
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any vaccine information statement required by the National |
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Childhood Vaccine Injury Act of 1986 (42 U.S.C. Section 300aa-1 et |
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seq.); |
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(2) [of] the procedures available under the National |
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Childhood Vaccine Injury Act of 1986 (42 U.S.C. Section 300aa-1 et |
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seq.) to seek possible recovery for unreimbursed expenses for |
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certain injuries arising out of the administration of certain |
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vaccines; and |
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(3) the Vaccine Excipient Summary published by the |
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Centers for Disease Control and Prevention for each immunization to |
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be administered. |
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(d) If a health care provider fails to obtain the informed |
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consent required by Subsection (a) and the child has an adverse |
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reaction to the immunization, the provider is liable to the person |
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authorized to consent to the immunization for damages in an amount |
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of not less than $5,000. In an action brought under this |
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subsection, a claimant may also recover reasonable expenses |
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incurred in bringing the action, including court costs, reasonable |
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attorney's fees, investigation costs, witness fees, and deposition |
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expenses. |
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(e) Sections 41.003 and 41.004, Civil Practice and Remedies |
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Code, do not apply to an action brought under this section. |
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SECTION 3. Section 32.103(b), Family Code, is amended to |
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read as follows: |
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(b) A person consenting to immunization of a child, a |
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physician, nurse, or other health care provider, or a public health |
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clinic, hospital, or other medical facility is not liable for |
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damages arising from an immunization administered to a child |
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authorized under this subchapter except for injuries resulting from |
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the person's or facility's own acts of negligence. For purposes of |
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this subsection, an immunization administered to a child is not |
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authorized under this subchapter if the physician, nurse, or other |
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health care provider failed to obtain informed consent as required |
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by Section 32.102. |
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SECTION 4. The changes in law made by this Act apply only to |
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a cause of action that accrues on or after the effective date of |
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this Act. |
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SECTION 5. 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, 2023. |