Texas 2023 - 88th Regular

Texas Senate Bill SB177

Filed
11/14/22  
Out of Senate Committee
4/11/23  
Voted on by Senate
4/18/23  
Governor Action
 
Bill Becomes Law
 

Caption

Relating to informed consent before provision of certain medical treatments and exemptions from COVID-19 vaccination requirements.

Impact

If enacted, SB 177 will amend existing laws to bolster the rights of individuals to refuse vaccination based on personal beliefs or medical exemptions. It introduces significant provisions that empower the attorney general to enforce these regulations and allow individuals to sue health care providers who provide treatment without informed consent. This may directly affect vaccination requirements in health care facilities and reshape policies on medical treatments across Texas, establishing a clear exemption pathway for individuals with strongly held beliefs or recognized medical conditions.

Summary

Senate Bill 177, known as the Texas COVID-19 Vaccine Freedom Act, establishes the right of individuals to provide or withhold consent for COVID-19 vaccination and seeks to prevent any coercion in receiving the vaccine. The legislation emphasizes the importance of informed consent as a foundational principle in doctor-patient relationships, particularly concerning the COVID-19 vaccination. The bill mandates that no individual residing in Texas can be compelled or coerced into obtaining the vaccine against their vaccination preference, setting specific regulations that health care providers must follow before administering the vaccine.

Sentiment

The sentiment around SB 177 is mixed, reflecting the broader national debate on vaccination mandates. Supporters, including advocacy groups like Texans for Medical Freedom, praise the bill for protecting personal freedoms and the right to informed consent. They argue that it ensures individuals do not have to choose between their livelihoods and their beliefs. Conversely, opponents, including members of the Texas Hospital Association, express concerns that the bill could conflict with federal regulations requiring vaccination for health care workers, complicating compliance and potentially jeopardizing public health initiatives.

Contention

The main points of contention regarding SB 177 revolve around the balance between individual rights and public health imperatives. Critics argue that while the bill promotes personal freedom, it may hinder effective health responses to the pandemic by limiting vaccination rates among vulnerable populations. The bill is positioned against federal mandates, sparking concerns over compliance for health care entities, which might face legal ramifications depending on the interpretation of state versus federal guidelines for vaccination. Ultimately, SB 177 reflects a significant legislative pivot towards personal liberty in health care decisions amidst ongoing public health discussions.

Texas Constitutional Statutes Affected

Health And Safety Code

  • Chapter 161. Public Health Provisions
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

TX HB81

Identical Relating to informed consent before provision of certain medical treatments and exemptions from COVID-19 vaccination requirements.

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