Texas 2017 - 85th Regular

Texas House Bill HB241 Compare Versions

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

Old	New	Differences
1	1	85R2853 DMS-D
2	2	By: Howard H.B. No. 241
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a health care practitioner counseling requirement for
8	8	persons claiming an immunization exemption on the basis of
9	9	conscience, including a religious belief.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 38.001(c), Education Code, is amended to
12	12	read as follows:
13	13	(c) Immunization is not required for a person's admission to
14	14	any elementary or secondary school if the person applying for
15	15	admission:
16	16	(1) submits to the admitting official:
17	17	(A) an affidavit or a certificate signed by a
18	18	physician who is duly registered and licensed to practice medicine
19	19	in the United States, in which it is stated that, in the physician's
20	20	opinion, the immunization required poses a significant risk to the
21	21	health and well-being of the applicant or any member of the
22	22	applicant's family or household; or
23	23	(B) an affidavit signed by the applicant or, if a
24	24	minor, by the applicant's parent or guardian stating that the
25	25	applicant declines immunization for reasons of conscience,
26	26	including a religious belief, and a completed health care
27	27	practitioner counseling certification stating that the
28	28	practitioner has provided information on the risks and benefits of
29	29	immunization; or
30	30	(2) is a member of the armed forces of the United
31	31	States and is on active duty.
32	32	SECTION 2. Sections 51.9192(d) and (d-3), Education Code,
33	33	are amended to read as follows:
34	34	(d) A student to whom this section applies or a parent or
35	35	guardian of the student is not required to comply with Subsection
36	36	(c) if the student or a parent or guardian of the student submits to
37	37	the institution:
38	38	(1) an affidavit or a certificate signed by a
39	39	physician who is duly registered and licensed to practice medicine
40	40	in the United States in which it is stated that, in the physician's
41	41	opinion, the vaccination required would be injurious to the health
42	42	and well-being of the student; or
43	43	(2) an affidavit signed by the student stating that
44	44	the student declines the vaccination for bacterial meningitis for
45	45	reasons of conscience, including a religious belief, or
46	46	confirmation that the student has completed the Internet-based
47	47	process described by Subsection (d-3) for declining the vaccination
48	48	on that basis, if applicable to the student, and a completed health
49	49	care practitioner counseling certification stating that the
50	50	practitioner has provided information on the risks and benefits of
51	51	immunization.
52	52	(d-3) The Department of State Health Services shall develop
53	53	and implement a secure, Internet-based process to be used
54	54	exclusively at those public junior colleges that elect to use the
55	55	process to allow an entering student to apply online for an
56	56	exemption from the vaccination requirement under this section for
57	57	reasons of conscience. The online process portal must be designed
58	58	to ensure that duplicate exemption requests are avoided to the
59	59	greatest extent possible. The exemption form used by a student to
60	60	claim an exemption under the process must contain a statement
61	61	indicating that the student understands the benefits and risks of
62	62	the immunization and the benefits and risks of not receiving the
63	63	immunization. A student who uses the Internet-based process under
64	64	this section is required to submit, in the manner prescribed by the
65	65	college, a completed health care practitioner counseling
66	66	certification stating that the practitioner has provided
67	67	information on the risks and benefits of immunization.
68	68	SECTION 3. Section 51.933(d), Education Code, is amended to
69	69	read as follows:
70	70	(d) No form of immunization is required for a person's
71	71	admission to an institution of higher education if the person
72	72	applying for admission:
73	73	(1) submits to the admitting official:
74	74	(A) an affidavit or a certificate signed by a
75	75	physician who is duly registered and licensed to practice medicine
76	76	within the United States in which it is stated that, in the
77	77	physician's opinion, the immunization required poses a significant
78	78	risk to the health and well-being of the applicant or any member of
79	79	the applicant's family or household; or
80	80	(B) an affidavit signed by the applicant or, if a
81	81	minor, by the applicant's parent or guardian stating that the
82	82	applicant declines immunization for reasons of conscience,
83	83	including a religious belief, and a completed health care
84	84	practitioner counseling certification stating that the
85	85	practitioner has provided information on the risks and benefits of
86	86	immunization; or
87	87	(2) is a member of the armed forces of the United
88	88	States and is on active duty.
89	89	SECTION 4. Section 161.004(d), Health and Safety Code, is
90	90	amended to read as follows:
91	91	(d) A child is exempt from an immunization required by this
92	92	section if:
93	93	(1) a parent, managing conservator, or guardian states
94	94	that:
95	95	(A) the immunization is being declined for
96	96	reasons of conscience, including a religious belief; and
97	97	(B) the parent, managing conservator, or
98	98	guardian has been counseled by a physician, advanced practice
99	99	registered nurse, or physician assistant on the risks and benefits
100	100	of immunization; or
101	101	(2) the immunization is medically contraindicated
102	102	based on the opinion of a physician licensed by any state in the
103	103	United States who has examined the child.
104	104	SECTION 5. The heading to Section 161.0041, Health and
105	105	Safety Code, is amended to read as follows:
106	106	Sec. 161.0041. IMMUNIZATION EXEMPTION AFFIDAVIT FORM AND
107	107	HEALTH CARE PRACTITIONER COUNSELING CERTIFICATION FORM.
108	108	SECTION 6. Section 161.0041, Health and Safety Code, is
109	109	amended by amending Subsections (a) and (c) and adding Subsections
110	110	(a-1), (d-1), and (d-2) to read as follows:
111	111	(a) A person claiming an exemption from a required
112	112	immunization based on reasons of conscience, including a religious
113	113	belief, under Section 161.004 of this code, Section 38.001,
114	114	51.9192, or 51.933, Education Code, or Section 42.043, Human
115	115	Resources Code, must:
116	116	(1) complete an affidavit on a form provided by the
117	117	department stating the reason for the exemption; and
118	118	(2) submit a completed health care practitioner
119	119	counseling certification.
120	120	(a-1) Subsection (a)(1) [This subsection] does not apply to
121	121	a person claiming the exemption using the Internet-based process
122	122	under Section 51.9192(d-3), Education Code.
123	123	(c) A person claiming an exemption from a required
124	124	immunization under this section may only obtain the affidavit form
125	125	by submitting a written request for the affidavit form to the
126	126	department. The department shall include a blank copy of the health
127	127	care practitioner counseling certification form described by
128	128	Subsection (d-1) with each affidavit form sent to a person.
129	129	(d-1) The department shall develop a blank health care
130	130	practitioner counseling certification form to be completed by a
131	131	physician, advanced practice registered nurse, or physician
132	132	assistant who has counseled a person and, if the person is a minor,
133	133	the person's parent, managing conservator, or guardian, about the
134	134	risks and benefits of immunization. The form must contain:
135	135	(1) spaces for:
136	136	(A) the name, signature, and license number of
137	137	the health care practitioner providing counsel;
138	138	(B) the name of the person claiming the
139	139	exemption, the name of the person's parent, managing conservator,
140	140	or guardian, as applicable, and the signature of the person or the
141	141	person's parent, managing conservator, or guardian, as applicable;
142	142	and
143	143	(C) the date; and
144	144	(2) the following statement or substantially similar
145	145	language:
146	146	"I certify that I have provided medically accurate
147	147	information on the risks and benefits of immunization."
148	148	(d-2) The department shall make the printable health care
149	149	practitioner counseling certification form available on the
150	150	department's Internet website.
151	151	SECTION 7. Section 224.002(c), Health and Safety Code, is
152	152	amended to read as follows:
153	153	(c) The policy may include procedures for a covered
154	154	individual to be exempt from the required vaccines based on reasons
155	155	of conscience, including a religious belief, provided that the
156	156	policy requires an individual claiming an exemption based on
157	157	reasons of conscience to certify that the individual has received
158	158	counseling from a physician, advanced practice registered nurse, or
159	159	physician assistant on the risks and benefits of vaccines.
160	160	SECTION 8. Section 42.043(d), Human Resources Code, is
161	161	amended to read as follows:
162	162	(d) No immunization may be required for admission to a
163	163	facility regulated under this chapter if a person applying for a
164	164	child's admission submits [one of the following affidavits]:
165	165	(1) an affidavit signed by a licensed physician
166	166	stating that the immunization poses a significant risk to the
167	167	health and well-being of the child or a member of the child's family
168	168	or household; or
169	169	(2) an affidavit signed by the child's parent or
170	170	guardian stating that the applicant declines immunization for
171	171	reasons of conscience, including a religious belief, and a
172	172	completed health care practitioner counseling certification
173	173	stating that the practitioner has provided information on the risks
174	174	and benefits of immunization.
175	175	SECTION 9. Section 42.04305(d), Human Resources Code, is
176	176	amended to read as follows:
177	177	(d) The policy shall include procedures for a facility
178	178	employee to be exempt from the required vaccines based on reasons of
179	179	conscience, including a religious belief, and those procedures must
180	180	include the requirement that the employee claiming the exemption
181	181	certify that the employee has received counseling from a physician,
182	182	advanced practice registered nurse, or physician assistant on the
183	183	risks and benefits of vaccines.
184	184	SECTION 10. (a) Not later than December 1, 2017, the
185	185	Department of State Health Services shall make the health care
186	186	practitioner counseling certification form required by Section
187	187	161.0041, Health and Safety Code, as amended by this Act, available
188	188	on the department's Internet website.
189	189	(b) A person claiming an immunization exemption on the basis
190	190	of conscience, including a religious belief, on or after January 1,
191	191	2018, is required to submit a completed health care practitioner
192	192	counseling certification or otherwise affirm that the person has
193	193	received counseling from a health care practitioner, as applicable.
194	194	(c) A person claiming an immunization exemption on the basis
195	195	of conscience, including a religious belief, before January 1,
196	196	2018, is required to submit a completed health care practitioner
197	197	counseling certification or otherwise affirm that the person has
198	198	received counseling from a health care practitioner, as applicable,
199	199	before September 1, 2018, to continue to be eligible for the
200	200	exemption.
201	201	SECTION 11. This Act takes effect immediately if it
202	202	receives a vote of two-thirds of all the members elected to each
203	203	house, as provided by Section 39, Article III, Texas Constitution.
204	204	If this Act does not receive the vote necessary for immediate
205	205	effect, this Act takes effect September 1, 2017.