Texas 2013 - 83rd Regular

Texas Senate Bill SB62 Compare Versions

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1	1	By: Nelson S.B. No. 62
2	2	(Laubenberg)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the vaccination against bacterial meningitis of
8	8	entering students at public and private or independent institutions
9	9	of higher education.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 51.9192, Education Code, is amended by
12	12	amending Subsections (b), (d), and (d-1) and adding Subsections
13	13	(d-2), (d-3), (d-4), (d-5), (d-6), and (f) to read as follows:
14	14	(b) This section applies only to an entering student at an
15	15	institution of higher education or private or independent
16	16	institution of higher education. This section does not apply to a
17	17	student of an institution who is enrolled only in online or other
18	18	distance education courses or who is 22 [30] years of age or older.
19	19	For purposes of this subsection, "entering student" includes:
20	20	(1) a new student, as defined by Section 51.9191; and
21	21	(2) a student who previously attended an institution
22	22	of higher education or private or independent institution of higher
23	23	education before January 1, 2012, and who is enrolling in the same
24	24	or another institution of higher education or private or
25	25	independent institution of higher education following a break in
26	26	enrollment of at least one fall or spring semester.
27	27	(d) A student to whom this section applies or a parent or
28	28	guardian of the student is not required to comply with Subsection
29	29	(c) if the student or a parent or guardian of the student submits to
30	30	the institution:
31	31	(1) an affidavit or a certificate signed by a
32	32	physician who is duly registered and licensed to practice medicine
33	33	in the United States in which it is stated that, in the physician's
34	34	opinion, the vaccination required would be injurious to the health
35	35	and well-being of the student; or
36	36	(2) an affidavit signed by the student stating that
37	37	the student declines the vaccination for bacterial meningitis for
38	38	reasons of conscience, including a religious belief, or
39	39	confirmation that the student has completed the Internet-based
40	40	process described by Subsection (d-3) for declining the vaccination
41	41	on that basis, if applicable to the student.
42	42	(d-1) The [except that the] exemption provided by
43	43	Subsection (d)(2) [this subdivision] does not apply during a
44	44	disaster or public health emergency, terrorist attack, hostile
45	45	military or paramilitary action, or extraordinary law enforcement
46	46	emergency declared by an appropriate official or other authority
47	47	and in effect for the location of the institution the student
48	48	attends.
49	49	(d-2) An affidavit submitted under Subsection (d)(2) must
50	50	be:
51	51	(1) on a form described by Section 161.0041, Health
52	52	and Safety Code; and
53	53	(2) submitted to the appropriate admitting official
54	54	not later than the 90th day after the date the affidavit is
55	55	notarized.
56	56	(d-3) The Department of State Health Services shall develop
57	57	and implement a secure, Internet-based process to be used
58	58	exclusively at those public junior colleges that elect to use the
59	59	process to allow an entering student to apply online for an
60	60	exemption from the vaccination requirement under this section for
61	61	reasons of conscience. The online process portal must be designed
62	62	to ensure that duplicate exemption requests are avoided to the
63	63	greatest extent possible. The exemption form used by a student to
64	64	claim an exemption under the process must contain a statement
65	65	indicating that the student understands the benefits and risks of
66	66	the immunization and the benefits and risks of not receiving the
67	67	immunization.
68	68	(d-4) A public junior college may require an entering
69	69	student to use the Internet-based process under Subsection (d-3) as
70	70	the exclusive method to apply for an exemption from the vaccination
71	71	required under this section for reasons of conscience.
72	72	(d-5) The Department of State Health Services shall report
73	73	to the legislature annually the number of exemptions applied for in
74	74	the preceding academic year using the Internet-based process under
75	75	Subsection (d-3).
76	76	(d-6) [(d-1)] An institution of higher education or private
77	77	or independent institution of higher education shall provide, with
78	78	the registration materials that the institution provides to a
79	79	student to whom this section applies before the student's initial
80	80	enrollment in the institution, written notice of the right of the
81	81	student or of a parent or guardian of the student to claim an
82	82	exemption from the vaccination requirement in the manner prescribed
83	83	by Subsection (d) and of the importance of consulting a physician
84	84	about the need for immunization to prevent the disease.
85	85	(f) In this section, "public junior college" has the meaning
86	86	assigned by Section 61.003.
87	87	SECTION 2. Subsection (a), Section 161.0041, Health and
88	88	Safety Code, is amended to read as follows:
89	89	(a) A person claiming an exemption from a required
90	90	immunization based on reasons of conscience, including a religious
91	91	belief, under Section 161.004 of this code, Section 38.001,
92	92	51.9192, or 51.933, Education Code, or Section 42.043, Human
93	93	Resources Code, must complete an affidavit on a form provided by the
94	94	department stating the reason for the exemption. This subsection
95	95	does not apply to a person claiming the exemption using the
96	96	Internet-based process under Section 51.9192(d-3), Education Code.
97	97	SECTION 3. The changes in law made by this Act apply
98	98	beginning with entering students enrolling in public or private or
99	99	independent institutions of higher education in this state on or
100	100	after January 1, 2014.
101	101	SECTION 4. This Act takes effect October 1, 2013.