89R2475 EAS-F
By: Hall S.B. No. 95
A BILL TO BE ENTITLED
AN ACT
relating to informed consent to immunizations for children and
civil liability for failure to obtain the consent.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 32.102, Family Code, is
amended to read as follows:
Sec. 32.102. INFORMED CONSENT TO IMMUNIZATION; CIVIL
LIABILITY.
SECTION 2. Section 32.102, Family Code, is amended by
amending Subsections (a) and (c) and adding Subsections (d) and (e)
to read as follows:
(a) Before administering an immunization to a child, a
health care provider must obtain the informed consent of a [A]
person authorized to consent to [the] immunization of the [a] child
[has the responsibility to ensure that the consent, if given, is an
informed consent]. The person authorized to consent is not
required to be present when [the] immunization of the child is
requested if a consent form that meets the requirements of Section
32.002 has been given to the health care provider.
(c) As part of the information given in the counseling for
informed consent, the health care provider shall provide
[information to inform] the person authorized to consent to
immunization with information regarding:
(1) the benefits and risks of immunization, including
any vaccine information statement required by the National
Childhood Vaccine Injury Act of 1986 (42 U.S.C. Section 300aa-1 et
seq.);
(2) [of] the procedures available under the National
Childhood Vaccine Injury Act of 1986 (42 U.S.C. Section 300aa-1 et
seq.) to seek possible recovery for unreimbursed expenses for
certain injuries arising out of the administration of certain
vaccines; and
(3) the Vaccine Excipient Summary published by the
Centers for Disease Control and Prevention for each immunization to
be administered.
(d) If a health care provider fails to obtain the informed
consent required by Subsection (a) and the child has an adverse
reaction to the immunization, the provider is liable to the person
authorized to consent to the immunization for damages in an amount
of not less than $5,000. In an action brought under this
subsection, a claimant may also recover reasonable expenses
incurred in bringing the action, including court costs, reasonable
attorney's fees, investigation costs, witness fees, and deposition
expenses.
(e) Sections 41.003 and 41.004, Civil Practice and Remedies
Code, do not apply to an action brought under this section.
SECTION 3. Section 32.103(b), Family Code, is amended to
read as follows:
(b) A person consenting to immunization of a child, a
physician, nurse, or other health care provider, or a public health
clinic, hospital, or other medical facility is not liable for
damages arising from an immunization administered to a child
authorized under this subchapter except for injuries resulting from
the person's or facility's own acts of negligence. For purposes of
this subsection, an immunization administered to a child is not
authorized under this subchapter if the physician, nurse, or other
health care provider failed to obtain informed consent as required
by Section 32.102.
SECTION 4. The changes in law made by this Act apply only to
a cause of action that accrues on or after the effective date of
this Act.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.