| 1 | 1 | | 83R5482 JSC-D |
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| 2 | 2 | | By: Rose H.B. No. 1340 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to consent to the immunization of certain children. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter B, Chapter 32, Family Code, is |
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| 10 | 10 | | amended by adding Section 32.1011 to read as follows: |
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| 11 | 11 | | Sec. 32.1011. CONSENT TO IMMUNIZATION BY CHILD. (a) |
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| 12 | 12 | | Notwithstanding Section 32.001, 32.003, or 32.101, a child may |
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| 13 | 13 | | consent to the child's own immunization if: |
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| 14 | 14 | | (1) the child is 14 years of age or older; and |
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| 15 | 15 | | (2) the health care provider administering the |
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| 16 | 16 | | immunization has on file a valid consent form for the medical |
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| 17 | 17 | | treatment of the child completed by a parent, managing conservator, |
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| 18 | 18 | | or guardian of the child or other person who, under the law of |
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| 19 | 19 | | another state or a court order, may consent for the child or a |
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| 20 | 20 | | person authorized to consent to the treatment under Section 32.001. |
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| 21 | 21 | | (b) Notwithstanding Subsection (a), a provider may not |
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| 22 | 22 | | administer an immunization to a child under this section if the |
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| 23 | 23 | | provider has actual knowledge that a parent, managing conservator, |
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| 24 | 24 | | or guardian of the child or other person who, under the law of |
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| 25 | 25 | | another state or a court order, may consent for the child has |
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| 26 | 26 | | expressly refused to give consent to the immunization. |
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| 27 | 27 | | (c) A child who consents to immunization under this section |
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| 28 | 28 | | shall provide the health care provider with sufficient and accurate |
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| 29 | 29 | | health history and other information for the child and, if |
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| 30 | 30 | | necessary, sufficient and accurate health history and information |
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| 31 | 31 | | about the child's family to enable the child and the health care |
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| 32 | 32 | | provider to determine adequately the risks and benefits inherent in |
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| 33 | 33 | | the proposed immunization and to determine whether immunization is |
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| 34 | 34 | | advisable. |
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| 35 | 35 | | (d) Consent to immunization under this section must meet the |
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| 36 | 36 | | requirements of Section 32.002(a). |
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| 37 | 37 | | (e) Consent by a child to immunization under this section is |
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| 38 | 38 | | not subject to disaffirmance because of minority. |
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| 39 | 39 | | (f) A health care provider or facility is not liable for the |
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| 40 | 40 | | immunization of a child under this section except for the |
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| 41 | 41 | | provider's or the facility's own acts of negligence. |
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| 42 | 42 | | (g) To the extent of any conflict between this section and |
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| 43 | 43 | | Section 32.003, this section controls. |
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| 44 | 44 | | SECTION 2. This Act takes effect immediately if it receives |
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| 45 | 45 | | a vote of two-thirds of all the members elected to each house, as |
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| 46 | 46 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 47 | 47 | | Act does not receive the vote necessary for immediate effect, this |
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| 48 | 48 | | Act takes effect September 1, 2013. |
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