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.

89(R) SB 95 - Engrossed version - Bill Text

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.