Texas 2025 - 89th Regular

Texas Senate Bill SB95 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Hall, Sparks S.B. No. 95
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	2	+	(In the Senate - Filed November 12, 2024; February 3, 2025,
	3	+	read first time and referred to Committee on Health & Human
	4	+	Services; April 7, 2025, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 7, Nays 2;
	6	+	April 7, 2025, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 95 By: Perry
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6	11		A BILL TO BE ENTITLED
7	12		AN ACT
8	13		relating to the administration of immunizations to children,
9	14		including required written informed consent to those immunizations
10	15		and civil liability for failure to obtain the consent; providing an
11	16		administrative penalty.
12	17		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	18		SECTION 1. The legislature finds that when a health care
14	19		provider accepts a bonus, kickback, or any other form of
15	20		remuneration from a vaccine manufacturer for administering an
16	21		immunization to a person, the health care provider has a conflict of
17	22		interest and is less likely to counsel a person on the benefits and
18	23		risks of immunization before obtaining the person's written
19	24		informed consent as required by law.
20	25		SECTION 2. The heading to Section 32.102, Family Code, is
21	26		amended to read as follows:
22	27		Sec. 32.102. WRITTEN INFORMED CONSENT TO IMMUNIZATION;
23	28		CERTAIN REMUNERATION PROHIBITED; ADMINISTRATIVE PENALTY; CIVIL
24	29		LIABILITY.
25	30		SECTION 3. Section 32.102, Family Code, is amended by
26	31		amending Subsections (a) and (c) and adding Subsections (d), (e),
27	32		(f), (g), and (h) to read as follows:
28	33		(a) Before administering an immunization to a child, a
29	34		health care provider must obtain the written informed consent of a
30	35		[A] person authorized to consent to [the] immunization of the [a]
31	36		child [has the responsibility to ensure that the consent, if given,
32	37		is an informed consent]. The person authorized to consent is not
33	38		required to be present when [the] immunization of the child is
34	39		requested if a consent form that meets the requirements of Section
35	40		32.002 has been given to the health care provider.
36	41		(c) As part of the information given in the counseling for
37	42		informed consent, the health care provider shall provide
38	43		[information to inform] the person authorized to consent to
39	44		immunization with information regarding:
40	45		(1) the benefits and risks of immunization, including
41	46		any vaccine information statement required by the National
42	47		Childhood Vaccine Injury Act of 1986 (42 U.S.C. Section 300aa-1 et
43	48		seq.); and
44	49		(2) [of] the procedures available under the National
45	50		Childhood Vaccine Injury Act of 1986 (42 U.S.C. Section 300aa-1 et
46	51		seq.) to seek possible recovery for unreimbursed expenses for
47	52		certain injuries arising out of the administration of certain
48	53		vaccines.
49	54		(d) If a health care provider fails to obtain the written
50	55		informed consent required by Subsection (a) and the child has an
51	56		adverse reaction to the immunization that is required by federal
52	57		law to be reported to the federal Vaccine Adverse Event Reporting
53	58		System, the provider is liable to the person authorized to consent
54	59		to the immunization for damages in an amount not to exceed $10,000.
55	60		In an action brought under this subsection, a claimant may also
56	61		recover reasonable expenses incurred in bringing the action,
57	62		including court costs, reasonable attorney's fees, investigation
58	63		costs, witness fees, and deposition expenses.
59	64		(e) Sections 41.003 and 41.004, Civil Practice and Remedies
60	65		Code, do not apply to an action brought under this section.
61	66		(f) A health care provider may not accept a bonus, kickback,
62	67		or any other form of remuneration from a vaccine manufacturer for
63	68		administering an immunization to a child, except for the necessary
64	69		costs of administering the immunization.
65	70		(g) If a health care provider violates Subsection (f),
66	71		written informed consent obtained by the provider under Subsection
67	72		(a) is not valid.
68	73		(h) A health care provider who violates Subsection (f) is
69	74		subject to disciplinary action by the state licensing agency that
70	75		regulates the provider. On determining the provider committed a
71	76		violation, the agency shall impose an administrative penalty
72	77		against the provider in an amount that equals the greater of:
73	78		(1) $5,000; or
74	79		(2) 10 times the monetary value of the remuneration
75	80		the provider received from the vaccine manufacturer in relation to
76	81		the immunization that is the subject of the violation.
77	82		SECTION 4. Section 32.103(b), Family Code, is amended to
78	83		read as follows:
79	84		(b) A person consenting to immunization of a child, a
80	85		physician, nurse, or other health care provider, or a public health
81	86		clinic, hospital, or other medical facility is not liable for
82	87		damages arising from an immunization administered to a child
83	88		authorized under this subchapter except for injuries resulting from
84	89		the person's or facility's own acts of negligence. For purposes of
85	90		this subsection, an immunization administered to a child is not
86	91		authorized under this subchapter if the physician, nurse, or other
87	92		health care provider failed to obtain written informed consent as
88	93		required by Section 32.102.
89	94		SECTION 5. The changes in law made by this Act apply only to
90	95		a cause of action that accrues on or after the effective date of
91	96		this Act.
92	97		SECTION 6. This Act takes effect immediately if it receives
93	98		a vote of two-thirds of all the members elected to each house, as
94	99		provided by Section 39, Article III, Texas Constitution. If this
95	100		Act does not receive the vote necessary for immediate effect, this
96	101		Act takes effect September 1, 2025.
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