Texas 2017 - 85th Regular

Texas House Bill HB126 Compare Versions

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

Old	New	Differences
1	1	85R2465 SCL-F
2	2	By: Davis of Harris H.B. No. 126
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to an educational module certificate requirement for
8	8	certain immunization exemptions; authorizing a fee.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 38.001(c) and (c-1), Education Code,
11	11	are amended to read as follows:
12	12	(c) Immunization is not required for a person's admission to
13	13	any elementary or secondary school if the person applying for
14	14	admission:
15	15	(1) submits to the admitting official:
16	16	(A) an affidavit or a certificate signed by a
17	17	physician who is duly registered and licensed to practice medicine
18	18	in the United States, in which it is stated that, in the physician's
19	19	opinion, the immunization required poses a significant risk to the
20	20	health and well-being of the applicant or any member of the
21	21	applicant's family or household; or
22	22	(B) the following documents:
23	23	(i) an affidavit signed by the applicant
24	24	or, if the applicant is a minor, by the applicant's parent or
25	25	guardian stating that the applicant declines immunization for
26	26	reasons of conscience, including a religious belief; and
27	27	(ii) a certificate verifying that the
28	28	applicant or, if the applicant is a minor, the applicant's parent or
29	29	guardian has completed the immunization educational module
30	30	described by Section 161.0041(f), Health and Safety Code; or
31	31	(2) is a member of the armed forces of the United
32	32	States and is on active duty.
33	33	(c-1) An affidavit submitted under Subsection (c)(1)(B)(i)
34	34	[Section (c)(1)(B)] must be on a form described by Section
35	35	161.0041, Health and Safety Code, and must be submitted to the
36	36	admitting official not later than the 90th day after the date the
37	37	affidavit is notarized.
38	38	SECTION 2. Sections 51.9192(d), (d-2), and (d-3), Education
39	39	Code, are amended to read as follows:
40	40	(d) A student to whom this section applies or a parent or
41	41	guardian of the student is not required to comply with Subsection
42	42	(c) if the student or a parent or guardian of the student submits to
43	43	the institution:
44	44	(1) an affidavit or a certificate signed by a
45	45	physician who is duly registered and licensed to practice medicine
46	46	in the United States in which it is stated that, in the physician's
47	47	opinion, the vaccination required would be injurious to the health
48	48	and well-being of the student; or
49	49	(2) the following documents:
50	50	(A) an affidavit signed by the student stating
51	51	that the student declines the vaccination for bacterial meningitis
52	52	for reasons of conscience, including a religious belief, or a
53	53	written or electronic confirmation that the student has completed
54	54	the Internet-based process described by Subsection (d-3) for
55	55	declining the vaccination on that basis, as [if] applicable; and
56	56	(B) a certificate verifying that the student has
57	57	completed the immunization educational module described by Section
58	58	161.0041(f), Health and Safety Code [to the student].
59	59	(d-2) An affidavit submitted under Subsection (d)(2)(A)
60	60	[(d)(2)] must be:
61	61	(1) on a form described by Section 161.0041, Health
62	62	and Safety Code; and
63	63	(2) submitted to the appropriate admitting official
64	64	not later than the 90th day after the date the affidavit is
65	65	notarized.
66	66	(d-3) The Department of State Health Services shall develop
67	67	and implement a secure, Internet-based process to be used
68	68	exclusively at those public junior colleges that elect to use the
69	69	process to allow an entering student to apply online for an
70	70	exemption from the vaccination requirement under this section for
71	71	reasons of conscience. The online process portal must be designed
72	72	to ensure that duplicate exemption requests are avoided to the
73	73	greatest extent possible and provide for submission of the
74	74	immunization educational module certificate under Subsection
75	75	(d)(2)(B). The exemption form used by a student to claim an
76	76	exemption under the process must contain a statement indicating
77	77	that the student understands the benefits and risks of the
78	78	immunization and the benefits and risks of not receiving the
79	79	immunization.
80	80	SECTION 3. Sections 51.933(d) and (d-1), Education Code,
81	81	are amended to read as follows:
82	82	(d) No form of immunization is required for a person's
83	83	admission to an institution of higher education if the person
84	84	applying for admission:
85	85	(1) submits to the admitting official:
86	86	(A) an affidavit or a certificate signed by a
87	87	physician who is duly registered and licensed to practice medicine
88	88	within the United States in which it is stated that, in the
89	89	physician's opinion, the immunization required poses a significant
90	90	risk to the health and well-being of the applicant or any member of
91	91	the applicant's family or household; or
92	92	(B) the following documents:
93	93	(i) an affidavit signed by the applicant
94	94	or, if the applicant is a minor, by the applicant's parent or
95	95	guardian stating that the applicant declines immunization for
96	96	reasons of conscience, including a religious belief; and
97	97	(ii) a certificate verifying that the
98	98	applicant or, if the applicant is a minor, the applicant's parent or
99	99	guardian has completed the immunization educational module
100	100	described by Section 161.0041(f), Health and Safety Code; or
101	101	(2) is a member of the armed forces of the United
102	102	States and is on active duty.
103	103	(d-1) An affidavit submitted under Subsection (d)(1)(B)(i)
104	104	[Section (d)(1)(B)] must be on a form described by Section
105	105	161.0041, Health and Safety Code, and must be submitted to the
106	106	admitting official not later than the 90th day after the date the
107	107	affidavit is notarized.
108	108	SECTION 4. Section 161.004(d), Health and Safety Code, is
109	109	amended to read as follows:
110	110	(d) A child is exempt from an immunization required by this
111	111	section if:
112	112	(1) a parent, managing conservator, or guardian states
113	113	that the immunization is being declined for reasons of conscience,
114	114	including a religious belief, and completes the immunization
115	115	educational module described by Section 161.0041(f); or
116	116	(2) the immunization is medically contraindicated
117	117	based on the opinion of a physician licensed by any state in the
118	118	United States who has examined the child.
119	119	SECTION 5. The heading to Section 161.0041, Health and
120	120	Safety Code, is amended to read as follows:
121	121	Sec. 161.0041. IMMUNIZATION EXEMPTION AFFIDAVIT FORM;
122	122	IMMUNIZATION EDUCATIONAL MODULE.
123	123	SECTION 6. Section 161.0041, Health and Safety Code, is
124	124	amended by amending Subsection (a) and adding Subsections (a-1),
125	125	(f), and (g) to read as follows:
126	126	(a) A person claiming an exemption from a required
127	127	immunization based on reasons of conscience, including a religious
128	128	belief, under Section 161.004 of this code, Section 38.001,
129	129	51.9192, or 51.933, Education Code, or Section 42.043, Human
130	130	Resources Code, must submit:
131	131	(1) [complete] an affidavit on a form provided by the
132	132	department stating the reason for the exemption; and
133	133	(2) a certificate verifying that the person has
134	134	completed the immunization educational module described by
135	135	Subsection (f).
136	136	(a-1) Subsection (a)(1) [This subsection] does not apply to
137	137	a person claiming the exemption using the Internet-based process
138	138	under Section 51.9192(d-3), Education Code.
139	139	(f) The department shall develop and maintain an Internet
140	140	website that contains an immunization educational module and
141	141	verification process to certify successful completion of the
142	142	module. The module must present evidence-based information that is
143	143	consistent with information published by the Centers for Disease
144	144	Control and Prevention concerning:
145	145	(1) epidemiology;
146	146	(2) the prevention of disease through the use of
147	147	vaccines; and
148	148	(3) the safety and efficacy of vaccines.
149	149	(g) The department may collect a fee for issuing a
150	150	certificate described by Subsection (a)(2) in an amount designed to
151	151	allow the department to recover from module users all of the
152	152	department's direct and indirect costs in developing and
153	153	maintaining the Internet website described by Subsection (f).
154	154	SECTION 7. Sections 42.043(d) and (d-1), Human Resources
155	155	Code, are amended to read as follows:
156	156	(d) No immunization may be required for admission to a
157	157	facility regulated under this chapter if a person applying for a
158	158	child's admission submits [one of the following affidavits]:
159	159	(1) an affidavit signed by a licensed physician
160	160	stating that the immunization poses a significant risk to the
161	161	health and well-being of the child or a member of the child's family
162	162	or household; or
163	163	(2) the following documents:
164	164	(A) an affidavit signed by the child's parent or
165	165	guardian stating that the applicant declines immunization for
166	166	reasons of conscience, including a religious belief; and
167	167	(B) a certificate verifying that the applicant's
168	168	parent or guardian has completed the immunization educational
169	169	module described by Section 161.0041(f), Health and Safety Code.
170	170	(d-1) An affidavit submitted under Subsection (d)(2)(A)
171	171	[Section (d)(2)] must be on a form described by Section 161.0041,
172	172	Health and Safety Code, and must be submitted not later than the
173	173	90th day after the date the affidavit is notarized.
174	174	SECTION 8. Not later than December 1, 2017, the executive
175	175	commissioner of the Health and Human Services Commission shall
176	176	adopt rules to implement Sections 161.0041(f) and (g), Health and
177	177	Safety Code, as added by this Act.
178	178	SECTION 9. The change in law made by this Act applies only
179	179	to a person claiming an immunization exemption on the basis of
180	180	conscience, including a religious belief, on or after January 1,
181	181	2018. A person claiming an immunization exemption on the basis of
182	182	conscience before January 1, 2018, is governed by the law in effect
183	183	immediately before the effective date of this Act, and that law is
184	184	continued in effect for that purpose.
185	185	SECTION 10. This Act takes effect September 1, 2017.