SB 96 — Relating to vaccine administration requirements and protection of immunization exemptions for health reasons.

Summary

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

Bill Text

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill amends the Texas statutes.

• 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.

  amended

Action History

1. February 03, 2025

   Referred to Health & Human Services

2. February 03, 2025

   Read first time

3. November 12, 2024

   Filed

4. November 12, 2024

   Received by the Secretary of the Senate

Sponsors

• Bob Hall · Primary

Subjects