Texas 2023 - 88th Regular

Texas Senate Bill SB305 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	88R3804 LRM-D
2	2	By: Hall S.B. No. 305
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to vaccine administration requirements and protection of
8	8	immunization exemptions for health reasons.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 161, Health and Safety
11	11	Code, is amended by adding Sections 161.0035 and 161.0045 to read as
12	12	follows:
13	13	Sec. 161.0035. VACCINATION ADMINISTRATION REQUIREMENTS.
14	14	(a) A person administering a vaccine to a patient shall:
15	15	(1) before administering the vaccine, provide to the
16	16	patient written information on the vaccine's benefits and risks,
17	17	including any vaccine information statement required by the
18	18	National Childhood Vaccine Injury Act of 1986 (42 U.S.C. Section
19	19	300aa-1 et seq.);
20	20	(2) for each vaccine the person administers, maintain
21	21	a permanent record of the vaccine manufacturer and lot number;
22	22	(3) record each serious health problem, including
23	23	hospitalization, injury, or death, a patient sustains following a
24	24	vaccine the person administers and place that information in the
25	25	patient's record;
26	26	(4) report to the federal Vaccine Adverse Event
27	27	Reporting System any serious health problem, including
28	28	hospitalization, injury, or death, a patient sustains following a
29	29	vaccine the person administers; and
30	30	(5) for each vaccine administered, provide to the
31	31	patient the Vaccine Excipient Summary published by the Centers for
32	32	Disease Control and Prevention.
33	33	(b) Reporting an adverse event associated with the
34	34	administration of a vaccine to the vaccine manufacturer does not
35	35	satisfy the requirements of Subsection (a)(4).
36	36	(c) A person who violates this section and holds a license
37	37	or other certification issued by this state that authorizes the
38	38	person to administer a vaccine is subject to disciplinary action by
39	39	the appropriate licensing or certifying authority as if the person
40	40	violated the applicable licensing or certification law.
41	41	(d) A person may bring a civil action to enjoin a violation
42	42	of this section against a person who violates this section and who
43	43	is not subject to disciplinary action under Subsection (c). A
44	44	claimant who prevails in the action may recover attorney's fees and
45	45	costs associated with bringing the action.
46	46	Sec. 161.0045. IMMUNIZATION HEALTH EXEMPTION PROTECTIONS.
47	47	(a) In this section, "health exemption" means an affidavit or
48	48	certificate a health care practitioner signs stating that, in the
49	49	practitioner's opinion, an immunization poses a significant risk to
50	50	the health and well-being of the practitioner's patient.
51	51	(b) A governmental official, including an official for a
52	52	licensing or certification authority, may not question or sanction
53	53	a health care practitioner for granting a health exemption to the
54	54	practitioner's patient.
55	55	(c) Notwithstanding any other law, a person, including a
56	56	state public health official, child-care facility, school,
57	57	institution of higher education, public or private employer, and
58	58	medical service or long-term care provider, shall:
59	59	(1) accept a health exemption:
60	60	(A) provided by a health care practitioner; and
61	61	(B) filed by an individual on behalf of the
62	62	individual or the individual's minor child for education,
63	63	employment, medical or long-term care, or another activity
64	64	necessary for the individual's quality of life; and
65	65	(2) exempt the individual described by the health
66	66	exemption from an immunization requirement imposed by the person or
67	67	under the laws of this state.
68	68	(d) A person who violates Subsection (c) and holds a license
69	69	or other certification issued by this state is subject to
70	70	disciplinary action by the appropriate licensing or certifying
71	71	authority as if the person violated the applicable licensing or
72	72	certification law.
73	73	(e) A person may bring a civil action to enjoin a violation
74	74	of this section against a person who violates this section and who
75	75	is not subject to disciplinary action under Subsection (d). A
76	76	claimant who prevails in the action may recover attorney's fees and
77	77	costs associated with bringing the action.
78	78	SECTION 2. This Act takes effect immediately if it receives
79	79	a vote of two-thirds of all the members elected to each house, as
80	80	provided by Section 39, Article III, Texas Constitution. If this
81	81	Act does not receive the vote necessary for immediate effect, this
82	82	Act takes effect September 1, 2023.