89R2515 LRM-D
By: Hall S.B. No. 96
A BILL TO BE ENTITLED
AN ACT
relating to vaccine administration requirements and protection of
immunization exemptions for health reasons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 161, Health and Safety
Code, is amended by adding Sections 161.0035 and 161.0045 to read as
follows:
Sec. 161.0035. VACCINATION ADMINISTRATION REQUIREMENTS.
(a) A person administering a vaccine to a patient shall:
(1) before administering the vaccine, provide to the
patient written information on the vaccine's benefits and risks,
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) for each vaccine the person administers, maintain
a permanent record of the vaccine manufacturer and lot number;
(3) record each serious health problem, including
hospitalization, injury, or death, a patient sustains following the
administration of the vaccine and place that information in the
patient's record;
(4) report to the federal Vaccine Adverse Event
Reporting System any serious health problem, including
hospitalization, injury, or death, a patient sustains following the
administration of the vaccine; and
(5) for each vaccine administered, provide to the
patient the Vaccine Excipient Summary published by the Centers for
Disease Control and Prevention.
(b) Reporting an adverse event associated with the
administration of a vaccine to the vaccine manufacturer does not
satisfy the requirements of Subsection (a)(4).
(c) A person who violates this section and holds a license
or other certification issued by this state that authorizes the
person to administer a vaccine is subject to disciplinary action by
the appropriate licensing or certifying authority as if the person
violated the applicable licensing or certification law.
(d) A person may bring a civil action to enjoin a violation
of this section against a person who violates this section and who
is not subject to disciplinary action under Subsection (c). A
claimant who prevails in the action may recover attorney's fees and
costs associated with bringing the action.
Sec. 161.0045. IMMUNIZATION HEALTH EXEMPTION PROTECTIONS.
(a) In this section:
(1) "Health care practitioner" means a person who is
licensed, certified, or otherwise authorized by the laws of this
state to provide or render health care in the ordinary course of
business or practice of a profession.
(2) "Health exemption" means an affidavit or
certificate a health care practitioner signs stating that, in the
practitioner's opinion, an immunization poses a significant risk to
the health and well-being of the practitioner's patient.
(b) A governmental official, including an official for a
licensing or certification authority, may not question or sanction
a health care practitioner for granting a health exemption to the
practitioner's patient.
(c) Notwithstanding any other law, a person, including a
state public health official, child-care facility, school,
institution of higher education, public or private employer, and
medical service or long-term care provider, shall:
(1) accept a health exemption:
(A) provided by a health care practitioner; and
(B) filed by an individual on behalf of the
individual or the individual's minor child for education,
employment, medical or long-term care, or another activity
necessary for the individual's quality of life; and
(2) exempt the individual described by the health
exemption from an immunization requirement imposed by the person or
under the laws of this state.
(d) A person who violates Subsection (c) and holds a license
or other certification issued by this state is subject to
disciplinary action by the appropriate licensing or certifying
authority as if the person violated the applicable licensing or
certification law.
(e) A person may bring a civil action to enjoin a violation
of this section against a person who violates this section and who
is not subject to disciplinary action under Subsection (d). A
claimant who prevails in the action may recover attorney's fees and
costs associated with bringing the action.
SECTION 2. 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.