84R12212 MEW-D
By: Coleman H.B. No. 3875
A BILL TO BE ENTITLED
AN ACT
relating to a policy on vaccine-preventable diseases for public
schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 38, Education Code, is
amended by adding Section 38.0022 to read as follows:
Sec. 38.0022. VACCINE-PREVENTABLE DISEASE POLICY REQUIRED.
(a) In this section:
(1) "School employee" means an employee of a public
school.
(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 public school shall develop and implement a policy
to protect the students attending the public school from
vaccine-preventable diseases.
(c) The policy must:
(1) require each school employee to receive vaccines
for the vaccine-preventable diseases specified by the school based
on the level of risk the employee presents to students by the
employee's routine and direct exposure to students;
(2) specify the vaccines a school employee is required
to receive based on the level of risk the employee presents to
students by the employee's routine and direct exposure to students;
(3) include procedures for verifying whether a school
employee has complied with the policy;
(4) include procedures for a school 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 school employee who is exempt from the
required vaccines, include procedures the employee must follow to
protect students attending the school 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
students by the employee's routine and direct exposure to students;
(6) prohibit discrimination or retaliatory action
against a school 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 public school to maintain a written or
electronic record of each school employee's compliance with or
exemption from the policy; and
(8) state the disciplinary actions the public school
is authorized to take against a school employee who fails to comply
with the policy.
(d) The commissioner shall adopt rules as necessary to
implement this section.
SECTION 2. Not later than June 1, 2016, the commissioner of
education shall adopt the rules necessary to implement Section
38.0022, Education Code, as added by this Act.
SECTION 3. Notwithstanding Section 38.0022, Education
Code, as added by this Act, a school district or open-enrollment
charter school subject to that section is not required to have a
policy on vaccine-preventable diseases in effect until September 1,
2016.
SECTION 4. This Act takes effect September 1, 2015.