SB96 - Relating to vaccine administration requirements and protection of immunization exemptions for health reasons.

  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.