83R1877 YDB-D
By: Zerwas H.B. No. 1150
A BILL TO BE ENTITLED
AN ACT
relating to a policy on vaccine-preventable diseases for licensed
child-care facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 42, Human Resources Code,
is amended by adding Section 42.04305 to read as follows:
Sec. 42.04305. VACCINE-PREVENTABLE DISEASE POLICY REQUIRED.
(a) In this section:
(1) "Facility employee" means an employee of a
child-care facility.
(2) "Vaccine-preventable diseases" means the diseases
included in the most current recommendations of the Advisory
Committee on Immunization Practices of the Centers for Disease
Control and Prevention.
(b) Each child-care facility shall develop and implement a
policy to protect the children in its care from vaccine-preventable
diseases.
(c) The policy must:
(1) require each facility employee to receive vaccines
for the vaccine-preventable diseases specified by the child-care
facility based on the level of risk the employee presents to
children by the employee's routine and direct exposure to children;
(2) specify the vaccines a facility employee is
required to receive based on the level of risk the employee presents
to children by the employee's routine and direct exposure to
children;
(3) include procedures for verifying whether a
facility employee has complied with the policy;
(4) include procedures for a facility employee to be
exempt from the required vaccines for the medical conditions
identified as contraindications or precautions by the Centers for
Disease Control and Prevention;
(5) for a facility employee who is exempt from the
required vaccines, include procedures the employee must follow to
protect children in the facility's care from exposure to disease,
such as the use of protective medical equipment, including gloves
and masks, based on the level of risk the employee presents to
children by the employee's routine and direct exposure to children;
(6) prohibit discrimination or retaliatory action
against a facility employee who is exempt from the required
vaccines for the medical conditions identified as
contraindications or precautions by the Centers for Disease Control
and Prevention, except that required use of protective medical
equipment, including gloves and masks, may not be considered
retaliatory action for purposes of this subdivision;
(7) require the child-care facility to maintain a
written or electronic record of each facility employee's compliance
with or exemption from the policy; and
(8) state the disciplinary actions the child-care
facility is authorized to take against a facility employee who
fails to comply with the policy.
(d) The policy may include procedures for a facility
employee to be exempt from the required vaccines based on reasons of
conscience, including a religious belief.
(e) The executive commissioner shall adopt rules necessary
to implement this section.
SECTION 2. Not later than June 1, 2014, the executive
commissioner of the Health and Human Services Commission shall
adopt the rules necessary to implement Section 42.04305, Human
Resources Code, as added by this Act.
SECTION 3. Notwithstanding Section 42.04305, Human
Resources Code, as added by this Act, a child-care facility subject
to that section is not required to have a policy on
vaccine-preventable diseases in effect until September 1, 2014.
SECTION 4. This Act takes effect September 1, 2013.