Hall Vaccine Bill Makes Schools And Employers Accept Signed Medical Exemptions

The text as introduced · 690 words

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.