Texas 2019 - 86th Regular

Texas Senate Bill SB830 Compare Versions

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

Old	New	Differences
1	1	86R8075 SCL-F
2	2	By: Huffman S.B. No. 830
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a vaccine preventable disease policy for first
8	8	responders of emergency response entities; authorizing
9	9	administrative and civil penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle B, Title 9, Health and Safety Code, is
12	12	amended by adding Chapter 786 to read as follows:
13	13	CHAPTER 786. VACCINE PREVENTABLE DISEASE POLICY
14	14	FOR FIRST RESPONDERS
15	15	Sec. 786.0001. DEFINITIONS. In this chapter:
16	16	(1) "Emergency response entity" means a political
17	17	subdivision, state agency, or entity that employs, contracts with,
18	18	or accepts the volunteer services of a first responder who serves
19	19	under the direction or control of the political subdivision,
20	20	agency, or entity.
21	21	(2) "First responder" has the meaning assigned by
22	22	Section 161.0001.
23	23	(3) "Policy" means a vaccine preventable disease
24	24	policy adopted under this chapter.
25	25	(4) "Public health disaster" has the meaning assigned
26	26	by Section 81.003.
27	27	(5) "Vaccine preventable disease" means a disease
28	28	included in the most recent recommendations of the Advisory
29	29	Committee on Immunization Practices of the Centers for Disease
30	30	Control and Prevention.
31	31	Sec. 786.0002. APPLICABILITY OF CHAPTER. This chapter
32	32	applies only to an emergency response entity that employs,
33	33	contracts with, or accepts the volunteer services of first
34	34	responders who are regulated or subject to rules adopted or orders
35	35	issued by:
36	36	(1) the executive commissioner of the Health and Human
37	37	Services Commission;
38	38	(2) the Texas Commission on Fire Protection;
39	39	(3) the Public Safety Commission; or
40	40	(4) the governor.
41	41	Sec. 786.0003. VACCINE PREVENTABLE DISEASE POLICY
42	42	REQUIRED. (a) Each emergency response entity shall develop and
43	43	implement a policy that complies with this chapter and rules
44	44	adopted under this chapter to protect the first responders who are
45	45	employed by, under contract with, or providing volunteer services
46	46	to the entity from contracting vaccine preventable diseases.
47	47	(b) A policy adopted under this section must:
48	48	(1) require a first responder who is employed by,
49	49	under contract with, or providing volunteer services to the
50	50	emergency response entity to receive an immunization for each
51	51	vaccine preventable disease described by Subdivision (2);
52	52	(2) specify the vaccine preventable diseases against
53	53	which a first responder is required to be immunized based on:
54	54	(A) the level of risk presented by the first
55	55	responder's routine; and
56	56	(B) the first responder's direct exposure to
57	57	hazards, including carriers of infectious disease;
58	58	(3) include procedures to verify a first responder's
59	59	compliance with the policy;
60	60	(4) include procedures to exempt a first responder
61	61	from the required immunizations for the medical conditions
62	62	identified as contraindications or precautions by the Centers for
63	63	Disease Control and Prevention;
64	64	(5) for a first responder who is exempt from the
65	65	required immunizations, specify mandatory procedures for the first
66	66	responder to follow to protect individuals from exposure to
67	67	disease, including the use of protective medical equipment such as
68	68	gloves and masks, based on the level of risk the first responder
69	69	presents by the first responder's routine and direct exposure to
70	70	hazards, including carriers of infectious disease;
71	71	(6) prohibit discrimination or retaliatory action
72	72	against a first responder who is exempt from the required
73	73	immunizations for the medical conditions identified as
74	74	contraindications or precautions by the Centers for Disease Control
75	75	and Prevention, except that required use of protective medical
76	76	equipment such as gloves and masks may not be considered
77	77	retaliatory action for purposes of this subdivision;
78	78	(7) require the emergency response entity to maintain
79	79	a written or electronic record of each first responder's compliance
80	80	with or exemption from the policy;
81	81	(8) require the emergency response entity to promote
82	82	and encourage inclusion of a first responder's immunization
83	83	information in the immunization registry in accordance with Section
84	84	161.00706; and
85	85	(9) include disciplinary actions the emergency
86	86	response entity may take against a first responder who fails to
87	87	comply with the policy.
88	88	Sec. 786.0004. NONMEDICAL EXCEPTION AUTHORIZED. A policy
89	89	adopted under Section 786.0003 may include procedures for a first
90	90	responder to request and be granted an exemption from the
91	91	immunization requirement based on a nonmedical exception.
92	92	Sec. 786.0005. PUBLIC HEALTH DISASTER EXEMPTION. During a
93	93	public health disaster, an emergency response entity may prohibit a
94	94	first responder who is exempt from the immunization requirement
95	95	under the entity's policy from having direct contact with
96	96	individuals requiring assistance as a result of the disaster.
97	97	Sec. 786.0006. DISCIPLINARY ACTION. An emergency response
98	98	entity that violates this chapter is subject to an administrative
99	99	or civil penalty in the same manner, and subject to the same
100	100	procedures, as if the entity had violated a provision of law that
101	101	specifically governs the entity.
102	102	Sec. 786.0007. RULES. The appropriate rulemaking authority
103	103	for each emergency response entity shall adopt rules necessary to
104	104	implement this chapter.
105	105	SECTION 2. Not later than January 1, 2020, a state agency
106	106	that regulates an emergency response entity subject to Chapter 786,
107	107	Health and Safety Code, as added by this Act, shall adopt the rules
108	108	necessary to implement that chapter.
109	109	SECTION 3. Notwithstanding Chapter 786, Health and Safety
110	110	Code, as added by this Act, an emergency response entity subject to
111	111	that chapter is not required to have a policy on vaccine preventable
112	112	diseases in effect until February 1, 2020.
113	113	SECTION 4. This Act takes effect September 1, 2019.