By: Hall, Sparks S.B. No. 95
A BILL TO BE ENTITLED
AN ACT
relating to the administration of immunizations to children,
including required written informed consent to those immunizations
and civil liability for failure to obtain the consent; providing an
administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The legislature finds that when a health care
provider accepts a bonus, kickback, or any other form of
remuneration from a vaccine manufacturer for administering an
immunization to a person, the health care provider has a conflict of
interest and is less likely to counsel a person on the benefits and
risks of immunization before obtaining the person's written
informed consent as required by law.
SECTION 2. The heading to Section 32.102, Family Code, is
amended to read as follows:
Sec. 32.102. WRITTEN INFORMED CONSENT TO IMMUNIZATION;
CERTAIN REMUNERATION PROHIBITED; ADMINISTRATIVE PENALTY; CIVIL
LIABILITY.
SECTION 3. Section 32.102, Family Code, is amended by
amending Subsections (a) and (c) and adding Subsections (d), (e),
(f), (g), and (h) to read as follows:
(a) Before administering an immunization to a child, a
health care provider must obtain the written 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.); and
(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.
(d) If a health care provider fails to obtain the written
informed consent required by Subsection (a) and the child has an
adverse reaction to the immunization that is required by federal
law to be reported to the federal Vaccine Adverse Event Reporting
System, the provider is liable to the person authorized to consent
to the immunization for damages in an amount not to exceed $10,000.
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.
(f) A health care provider may not accept a bonus, kickback,
or any other form of remuneration from a vaccine manufacturer for
administering an immunization to a child, except for the necessary
costs of administering the immunization.
(g) If a health care provider violates Subsection (f),
written informed consent obtained by the provider under Subsection
(a) is not valid.
(h) A health care provider who violates Subsection (f) is
subject to disciplinary action by the state licensing agency that
regulates the provider. On determining the provider committed a
violation, the agency shall impose an administrative penalty
against the provider in an amount that equals the greater of:
(1) $5,000; or
(2) 10 times the monetary value of the remuneration
the provider received from the vaccine manufacturer in relation to
the immunization that is the subject of the violation.
SECTION 4. 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 written informed consent as
required by Section 32.102.
SECTION 5. 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 6. 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.