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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of immunizations to children, |
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including required written informed consent to those immunizations |
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and civil liability for failure to obtain the consent; providing an |
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administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The legislature finds that when a health care |
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provider accepts a bonus, kickback, or any other form of |
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remuneration from a vaccine manufacturer for administering an |
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immunization to a person, the health care provider has a conflict of |
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interest and is less likely to counsel a person on the benefits and |
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risks of immunization before obtaining the person's written |
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informed consent as required by law. |
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SECTION 2. 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. WRITTEN INFORMED CONSENT TO IMMUNIZATION; |
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CERTAIN REMUNERATION PROHIBITED; ADMINISTRATIVE PENALTY; CIVIL |
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LIABILITY. |
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SECTION 3. Section 32.102, Family Code, is amended by |
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amending Subsections (a) and (c) and adding Subsections (d), (e), |
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(f), (g), and (h) 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 written informed consent of a |
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[A] person authorized to consent to [the] immunization of the [a] |
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child [has the responsibility to ensure that the consent, if given, |
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is an 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.); and |
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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. |
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(d) If a health care provider fails to obtain the written |
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informed consent required by Subsection (a) and the child has an |
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adverse reaction to the immunization that is required by federal |
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law to be reported to the federal Vaccine Adverse Event Reporting |
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System, the provider is liable to the person authorized to consent |
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to the immunization for damages in an amount not to exceed $10,000. |
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In an action brought under this subsection, a claimant may also |
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recover reasonable expenses incurred in bringing the action, |
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including court costs, reasonable attorney's fees, investigation |
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costs, witness fees, and deposition 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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(f) A health care provider may not accept a bonus, kickback, |
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or any other form of remuneration from a vaccine manufacturer for |
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administering an immunization to a child, except for the necessary |
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costs of administering the immunization. |
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(g) If a health care provider violates Subsection (f), |
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written informed consent obtained by the provider under Subsection |
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(a) is not valid. |
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(h) A health care provider who violates Subsection (f) is |
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subject to disciplinary action by the state licensing agency that |
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regulates the provider. On determining the provider committed a |
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violation, the agency shall impose an administrative penalty |
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against the provider in an amount that equals the greater of: |
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(1) $5,000; or |
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(2) 10 times the monetary value of the remuneration |
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the provider received from the vaccine manufacturer in relation to |
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the immunization that is the subject of the violation. |
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SECTION 4. 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 written informed consent as |
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required by Section 32.102. |
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SECTION 5. 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 6. 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, 2025. |
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