SB95 - 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.

      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.