Texas 2023 - 88th Regular

Texas Senate Bill SB298 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R2781 EAS-F
2	2	By: Hall S.B. No. 298
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to informed consent to immunizations for children and
8	8	civil liability for failure to obtain the consent.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Section 32.102, Family Code, is
11	11	amended to read as follows:
12	12	Sec. 32.102. INFORMED CONSENT TO IMMUNIZATION; LIABILITY.
13	13	SECTION 2. Section 32.102, Family Code, is amended by
14	14	amending Subsections (a) and (c) and adding Subsections (d) and (e)
15	15	to read as follows:
16	16	(a) Before administering an immunization to a child, a
17	17	health care provider must obtain the informed consent of a [A]
18	18	person authorized to consent to [the] immunization of the [a] child
19	19	[has the responsibility to ensure that the consent, if given, is an
20	20	informed consent]. The person authorized to consent is not
21	21	required to be present when [the] immunization of the child is
22	22	requested if a consent form that meets the requirements of Section
23	23	32.002 has been given to the health care provider.
24	24	(c) As part of the information given in the counseling for
25	25	informed consent, the health care provider shall provide
26	26	[information to inform] the person authorized to consent to
27	27	immunization with information regarding:
28	28	(1) the benefits and risks of immunization, including
29	29	any vaccine information statement required by the National
30	30	Childhood Vaccine Injury Act of 1986 (42 U.S.C. Section 300aa-1 et
31	31	seq.);
32	32	(2) [of] the procedures available under the National
33	33	Childhood Vaccine Injury Act of 1986 (42 U.S.C. Section 300aa-1 et
34	34	seq.) to seek possible recovery for unreimbursed expenses for
35	35	certain injuries arising out of the administration of certain
36	36	vaccines; and
37	37	(3) the Vaccine Excipient Summary published by the
38	38	Centers for Disease Control and Prevention for each immunization to
39	39	be administered.
40	40	(d) If a health care provider fails to obtain the informed
41	41	consent required by Subsection (a) and the child has an adverse
42	42	reaction to the immunization, the provider is liable to the person
43	43	authorized to consent to the immunization for damages in an amount
44	44	of not less than $5,000. In an action brought under this
45	45	subsection, a claimant may also recover reasonable expenses
46	46	incurred in bringing the action, including court costs, reasonable
47	47	attorney's fees, investigation costs, witness fees, and deposition
48	48	expenses.
49	49	(e) Sections 41.003 and 41.004, Civil Practice and Remedies
50	50	Code, do not apply to an action brought under this section.
51	51	SECTION 3. Section 32.103(b), Family Code, is amended to
52	52	read as follows:
53	53	(b) A person consenting to immunization of a child, a
54	54	physician, nurse, or other health care provider, or a public health
55	55	clinic, hospital, or other medical facility is not liable for
56	56	damages arising from an immunization administered to a child
57	57	authorized under this subchapter except for injuries resulting from
58	58	the person's or facility's own acts of negligence. For purposes of
59	59	this subsection, an immunization administered to a child is not
60	60	authorized under this subchapter if the physician, nurse, or other
61	61	health care provider failed to obtain informed consent as required
62	62	by Section 32.102.
63	63	SECTION 4. The changes in law made by this Act apply only to
64	64	a cause of action that accrues on or after the effective date of
65	65	this Act.
66	66	SECTION 5. This Act takes effect immediately if it receives
67	67	a vote of two-thirds of all the members elected to each house, as
68	68	provided by Section 39, Article III, Texas Constitution. If this
69	69	Act does not receive the vote necessary for immediate effect, this
70	70	Act takes effect September 1, 2023.