| 1 | 1 | | 88R12213 MCF-F |
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| 2 | 2 | | By: Tinderholt H.B. No. 4731 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authority of an advanced practice registered nurse |
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| 8 | 8 | | to sign a health exception to an immunization requirement for |
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| 9 | 9 | | school admission. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 38.001(c), Education Code, is amended to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (c) Immunization is not required for a person's admission to |
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| 14 | 14 | | any elementary or secondary school if the person applying for |
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| 15 | 15 | | admission: |
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| 16 | 16 | | (1) submits to the admitting official: |
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| 17 | 17 | | (A) an affidavit or a certificate signed by a |
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| 18 | 18 | | physician who is duly registered and licensed to practice medicine |
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| 19 | 19 | | in the United States or an advanced practice registered nurse who is |
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| 20 | 20 | | licensed to practice advanced practice registered nursing in the |
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| 21 | 21 | | United States[,] in which it is stated that, in the physician's or |
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| 22 | 22 | | advanced practice registered nurse's opinion, the immunization |
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| 23 | 23 | | required poses a significant risk to the health and well-being of |
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| 24 | 24 | | the applicant or any member of the applicant's family or household; |
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| 25 | 25 | | or |
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| 26 | 26 | | (B) an affidavit signed by the applicant or, if a |
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| 27 | 27 | | minor, by the applicant's parent or guardian stating that the |
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| 28 | 28 | | applicant declines immunization for reasons of conscience, |
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| 29 | 29 | | including a religious belief; or |
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| 30 | 30 | | (2) is a member of the armed forces of the United |
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| 31 | 31 | | States and is on active duty. |
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| 32 | 32 | | SECTION 2. This Act takes effect immediately if it receives |
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| 33 | 33 | | a vote of two-thirds of all the members elected to each house, as |
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| 34 | 34 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 35 | 35 | | Act does not receive the vote necessary for immediate effect, this |
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| 36 | 36 | | Act takes effect September 1, 2023. |
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