86R8075 SCL-F
By: Huffman S.B. No. 830
A BILL TO BE ENTITLED
AN ACT
relating to a vaccine preventable disease policy for first
responders of emergency response entities; authorizing
administrative and civil penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 9, Health and Safety Code, is
amended by adding Chapter 786 to read as follows:
CHAPTER 786. VACCINE PREVENTABLE DISEASE POLICY
FOR FIRST RESPONDERS
Sec. 786.0001. DEFINITIONS. In this chapter:
(1) "Emergency response entity" means a political
subdivision, state agency, or entity that employs, contracts with,
or accepts the volunteer services of a first responder who serves
under the direction or control of the political subdivision,
agency, or entity.
(2) "First responder" has the meaning assigned by
Section 161.0001.
(3) "Policy" means a vaccine preventable disease
policy adopted under this chapter.
(4) "Public health disaster" has the meaning assigned
by Section 81.003.
(5) "Vaccine preventable disease" means a disease
included in the most recent recommendations of the Advisory
Committee on Immunization Practices of the Centers for Disease
Control and Prevention.
Sec. 786.0002. APPLICABILITY OF CHAPTER. This chapter
applies only to an emergency response entity that employs,
contracts with, or accepts the volunteer services of first
responders who are regulated or subject to rules adopted or orders
issued by:
(1) the executive commissioner of the Health and Human
Services Commission;
(2) the Texas Commission on Fire Protection;
(3) the Public Safety Commission; or
(4) the governor.
Sec. 786.0003. VACCINE PREVENTABLE DISEASE POLICY
REQUIRED. (a) Each emergency response entity shall develop and
implement a policy that complies with this chapter and rules
adopted under this chapter to protect the first responders who are
employed by, under contract with, or providing volunteer services
to the entity from contracting vaccine preventable diseases.
(b) A policy adopted under this section must:
(1) require a first responder who is employed by,
under contract with, or providing volunteer services to the
emergency response entity to receive an immunization for each
vaccine preventable disease described by Subdivision (2);
(2) specify the vaccine preventable diseases against
which a first responder is required to be immunized based on:
(A) the level of risk presented by the first
responder's routine; and
(B) the first responder's direct exposure to
hazards, including carriers of infectious disease;
(3) include procedures to verify a first responder's
compliance with the policy;
(4) include procedures to exempt a first responder
from the required immunizations for the medical conditions
identified as contraindications or precautions by the Centers for
Disease Control and Prevention;
(5) for a first responder who is exempt from the
required immunizations, specify mandatory procedures for the first
responder to follow to protect individuals from exposure to
disease, including the use of protective medical equipment such as
gloves and masks, based on the level of risk the first responder
presents by the first responder's routine and direct exposure to
hazards, including carriers of infectious disease;
(6) prohibit discrimination or retaliatory action
against a first responder who is exempt from the required
immunizations 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 such as gloves and masks may not be considered
retaliatory action for purposes of this subdivision;
(7) require the emergency response entity to maintain
a written or electronic record of each first responder's compliance
with or exemption from the policy;
(8) require the emergency response entity to promote
and encourage inclusion of a first responder's immunization
information in the immunization registry in accordance with Section
161.00706; and
(9) include disciplinary actions the emergency
response entity may take against a first responder who fails to
comply with the policy.
Sec. 786.0004. NONMEDICAL EXCEPTION AUTHORIZED. A policy
adopted under Section 786.0003 may include procedures for a first
responder to request and be granted an exemption from the
immunization requirement based on a nonmedical exception.
Sec. 786.0005. PUBLIC HEALTH DISASTER EXEMPTION. During a
public health disaster, an emergency response entity may prohibit a
first responder who is exempt from the immunization requirement
under the entity's policy from having direct contact with
individuals requiring assistance as a result of the disaster.
Sec. 786.0006. DISCIPLINARY ACTION. An emergency response
entity that violates this chapter is subject to an administrative
or civil penalty in the same manner, and subject to the same
procedures, as if the entity had violated a provision of law that
specifically governs the entity.
Sec. 786.0007. RULES. The appropriate rulemaking authority
for each emergency response entity shall adopt rules necessary to
implement this chapter.
SECTION 2. Not later than January 1, 2020, a state agency
that regulates an emergency response entity subject to Chapter 786,
Health and Safety Code, as added by this Act, shall adopt the rules
necessary to implement that chapter.
SECTION 3. Notwithstanding Chapter 786, Health and Safety
Code, as added by this Act, an emergency response entity subject to
that chapter is not required to have a policy on vaccine preventable
diseases in effect until February 1, 2020.
SECTION 4. This Act takes effect September 1, 2019.