Texas 2015 - 84th Regular

Texas House Bill HB212 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R1310 JSC-D
2	2	By: Rose H.B. No. 212
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to consent to the immunization of certain children.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter B, Chapter 32, Family Code, is
10	10	amended by adding Section 32.1012 to read as follows:
11	11	Sec. 32.1012. CONSENT TO IMMUNIZATION BY CERTAIN CHILDREN
12	12	COMMITTED TO TEXAS JUVENILE JUSTICE DEPARTMENT. (a)
13	13	Notwithstanding Section 32.001, 32.003, or 32.101, a child may
14	14	consent to the child's own immunization if:
15	15	(1) the child is 14 years of age or older and is
16	16	committed to the Texas Juvenile Justice Department under Title 3;
17	17	(2) the health care provider administering the
18	18	immunization has on file a valid consent form for the medical
19	19	treatment of the child completed by a parent, managing conservator,
20	20	or guardian of the child or other person who, under the law of
21	21	another state or a court order, may consent for the child or a
22	22	person authorized to consent to the treatment under Section 32.001;
23	23	and
24	24	(3) the health care provider administering the
25	25	immunization has made a reasonable attempt to contact the person
26	26	who completed the consent form described by Subdivision (2) and was
27	27	unable to contact that person for consent to the immunization.
28	28	(b) Notwithstanding Subsection (a), a provider may not
29	29	administer an immunization to a child under this section if the
30	30	provider has actual knowledge that a parent, managing conservator,
31	31	or guardian of the child or other person who, under the law of
32	32	another state or a court order, may consent for the child has
33	33	expressly refused to give consent to the immunization.
34	34	(c) A child who consents to immunization under this section
35	35	shall provide the health care provider with sufficient and accurate
36	36	health history and other information for the child and, if
37	37	necessary, sufficient and accurate health history and information
38	38	about the child's family to enable the child and the health care
39	39	provider to determine adequately the risks and benefits inherent in
40	40	the proposed immunization and to determine whether immunization is
41	41	advisable.
42	42	(d) Consent to immunization under this section must meet the
43	43	requirements of Section 32.002(a).
44	44	(e) Consent by a child to immunization under this section is
45	45	not subject to disaffirmance because of minority.
46	46	(f) A health care provider or facility is not liable for the
47	47	immunization of a child under this section except for the
48	48	provider's or the facility's own acts of negligence.
49	49	(g) To the extent of any conflict between this section and
50	50	Section 32.003, this section controls.
51	51	SECTION 2. This Act takes effect immediately if it receives
52	52	a vote of two-thirds of all the members elected to each house, as
53	53	provided by Section 39, Article III, Texas Constitution. If this
54	54	Act does not receive the vote necessary for immediate effect, this
55	55	Act takes effect September 1, 2015.