Texas 2025 - 89th Regular

Texas Senate Bill SB96 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R2515 LRM-D
2	2	By: Hall S.B. No. 96
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to vaccine administration requirements and protection of
10	10	immunization exemptions for health reasons.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter A, Chapter 161, Health and Safety
13	13	Code, is amended by adding Sections 161.0035 and 161.0045 to read as
14	14	follows:
15	15	Sec. 161.0035. VACCINATION ADMINISTRATION REQUIREMENTS.
16	16	(a) A person administering a vaccine to a patient shall:
17	17	(1) before administering the vaccine, provide to the
18	18	patient written information on the vaccine's benefits and risks,
19	19	including any vaccine information statement required by the
20	20	National Childhood Vaccine Injury Act of 1986 (42 U.S.C. Section
21	21	300aa-1 et seq.);
22	22	(2) for each vaccine the person administers, maintain
23	23	a permanent record of the vaccine manufacturer and lot number;
24	24	(3) record each serious health problem, including
25	25	hospitalization, injury, or death, a patient sustains following the
26	26	administration of the vaccine and place that information in the
27	27	patient's record;
28	28	(4) report to the federal Vaccine Adverse Event
29	29	Reporting System any serious health problem, including
30	30	hospitalization, injury, or death, a patient sustains following the
31	31	administration of the vaccine; and
32	32	(5) for each vaccine administered, provide to the
33	33	patient the Vaccine Excipient Summary published by the Centers for
34	34	Disease Control and Prevention.
35	35	(b) Reporting an adverse event associated with the
36	36	administration of a vaccine to the vaccine manufacturer does not
37	37	satisfy the requirements of Subsection (a)(4).
38	38	(c) A person who violates this section and holds a license
39	39	or other certification issued by this state that authorizes the
40	40	person to administer a vaccine is subject to disciplinary action by
41	41	the appropriate licensing or certifying authority as if the person
42	42	violated the applicable licensing or certification law.
43	43	(d) A person may bring a civil action to enjoin a violation
44	44	of this section against a person who violates this section and who
45	45	is not subject to disciplinary action under Subsection (c). A
46	46	claimant who prevails in the action may recover attorney's fees and
47	47	costs associated with bringing the action.
48	48	Sec. 161.0045. IMMUNIZATION HEALTH EXEMPTION PROTECTIONS.
49	49	(a) In this section:
50	50	(1) "Health care practitioner" means a person who is
51	51	licensed, certified, or otherwise authorized by the laws of this
52	52	state to provide or render health care in the ordinary course of
53	53	business or practice of a profession.
54	54	(2) "Health exemption" means an affidavit or
55	55	certificate a health care practitioner signs stating that, in the
56	56	practitioner's opinion, an immunization poses a significant risk to
57	57	the health and well-being of the practitioner's patient.
58	58	(b) A governmental official, including an official for a
59	59	licensing or certification authority, may not question or sanction
60	60	a health care practitioner for granting a health exemption to the
61	61	practitioner's patient.
62	62	(c) Notwithstanding any other law, a person, including a
63	63	state public health official, child-care facility, school,
64	64	institution of higher education, public or private employer, and
65	65	medical service or long-term care provider, shall:
66	66	(1) accept a health exemption:
67	67	(A) provided by a health care practitioner; and
68	68	(B) filed by an individual on behalf of the
69	69	individual or the individual's minor child for education,
70	70	employment, medical or long-term care, or another activity
71	71	necessary for the individual's quality of life; and
72	72	(2) exempt the individual described by the health
73	73	exemption from an immunization requirement imposed by the person or
74	74	under the laws of this state.
75	75	(d) A person who violates Subsection (c) and holds a license
76	76	or other certification issued by this state is subject to
77	77	disciplinary action by the appropriate licensing or certifying
78	78	authority as if the person violated the applicable licensing or
79	79	certification law.
80	80	(e) A person may bring a civil action to enjoin a violation
81	81	of this section against a person who violates this section and who
82	82	is not subject to disciplinary action under Subsection (d). A
83	83	claimant who prevails in the action may recover attorney's fees and
84	84	costs associated with bringing the action.
85	85	SECTION 2. This Act takes effect immediately if it receives
86	86	a vote of two-thirds of all the members elected to each house, as
87	87	provided by Section 39, Article III, Texas Constitution. If this
88	88	Act does not receive the vote necessary for immediate effect, this
89	89	Act takes effect September 1, 2025.