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A BILL TO BE ENTITLED
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AN ACT
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relating to vaccine administration requirements and protection of |
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immunization exemptions for health reasons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 161, Health and Safety |
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Code, is amended by adding Sections 161.0035 and 161.0045 to read as |
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follows: |
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Sec. 161.0035. VACCINATION ADMINISTRATION REQUIREMENTS. |
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(a) A person administering a vaccine to a patient shall: |
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(1) before administering the vaccine, provide to the |
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patient written information on the vaccine's benefits and risks, |
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including any vaccine information statement required by the |
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National Childhood Vaccine Injury Act of 1986 (42 U.S.C. Section |
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300aa-1 et seq.); |
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(2) for each vaccine the person administers, maintain |
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a permanent record of the vaccine manufacturer and lot number; |
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(3) record each serious health problem, including |
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hospitalization, injury, or death, a patient sustains following a |
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vaccine the person administers and place that information in the |
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patient's record; |
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(4) report to the federal Vaccine Adverse Event |
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Reporting System any serious health problem, including |
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hospitalization, injury, or death, a patient sustains following a |
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vaccine the person administers; and |
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(5) for each vaccine administered, provide to the |
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patient the Vaccine Excipient Summary published by the Centers for |
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Disease Control and Prevention. |
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(b) Reporting an adverse event associated with the |
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administration of a vaccine to the vaccine manufacturer does not |
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satisfy the requirements of Subsection (a)(4). |
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(c) A person who violates this section and holds a license |
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or other certification issued by this state that authorizes the |
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person to administer a vaccine is subject to disciplinary action by |
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the appropriate licensing or certifying authority as if the person |
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violated the applicable licensing or certification law. |
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(d) A person may bring a civil action to enjoin a violation |
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of this section against a person who violates this section and who |
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is not subject to disciplinary action under Subsection (c). A |
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claimant who prevails in the action may recover attorney's fees and |
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costs associated with bringing the action. |
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Sec. 161.0045. IMMUNIZATION HEALTH EXEMPTION PROTECTIONS. |
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(a) In this section, "health exemption" means an affidavit or |
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certificate a health care practitioner signs stating that, in the |
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practitioner's opinion, an immunization poses a significant risk to |
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the health and well-being of the practitioner's patient. |
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(b) A governmental official, including an official for a |
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licensing or certification authority, may not question or sanction |
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a health care practitioner for granting a health exemption to the |
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practitioner's patient. |
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(c) Notwithstanding any other law, a person, including a |
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state public health official, child-care facility, school, |
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institution of higher education, public or private employer, and |
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medical service or long-term care provider, shall: |
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(1) accept a health exemption: |
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(A) provided by a health care practitioner; and |
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(B) filed by an individual on behalf of the |
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individual or the individual's minor child for education, |
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employment, medical or long-term care, or another activity |
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necessary for the individual's quality of life; and |
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(2) exempt the individual described by the health |
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exemption from an immunization requirement imposed by the person or |
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under the laws of this state. |
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(d) A person who violates Subsection (c) and holds a license |
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or other certification issued by this state is subject to |
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disciplinary action by the appropriate licensing or certifying |
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authority as if the person violated the applicable licensing or |
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certification law. |
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(e) A person may bring a civil action to enjoin a violation |
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of this section against a person who violates this section and who |
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is not subject to disciplinary action under Subsection (d). A |
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claimant who prevails in the action may recover attorney's fees and |
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costs associated with bringing the action. |
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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, 2023. |