Bill Text: TX HB212 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to consent to the immunization of certain children.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-18 - No action taken in committee [HB212 Detail]
Download: Texas-2015-HB212-Introduced.html
| 84R1310 JSC-D | ||
| By: Rose | H.B. No. 212 | |
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| relating to consent to the immunization of certain children. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 32, Family Code, is | ||
| amended by adding Section 32.1012 to read as follows: | ||
| Sec. 32.1012. CONSENT TO IMMUNIZATION BY CERTAIN CHILDREN | ||
| COMMITTED TO TEXAS JUVENILE JUSTICE DEPARTMENT. (a) | ||
| Notwithstanding Section 32.001, 32.003, or 32.101, a child may | ||
| consent to the child's own immunization if: | ||
| (1) the child is 14 years of age or older and is | ||
| committed to the Texas Juvenile Justice Department under Title 3; | ||
| (2) the health care provider administering the | ||
| immunization has on file a valid consent form for the medical | ||
| treatment of the child completed by a parent, managing conservator, | ||
| or guardian of the child or other person who, under the law of | ||
| another state or a court order, may consent for the child or a | ||
| person authorized to consent to the treatment under Section 32.001; | ||
| and | ||
| (3) the health care provider administering the | ||
| immunization has made a reasonable attempt to contact the person | ||
| who completed the consent form described by Subdivision (2) and was | ||
| unable to contact that person for consent to the immunization. | ||
| (b) Notwithstanding Subsection (a), a provider may not | ||
| administer an immunization to a child under this section if the | ||
| provider has actual knowledge that a parent, managing conservator, | ||
| or guardian of the child or other person who, under the law of | ||
| another state or a court order, may consent for the child has | ||
| expressly refused to give consent to the immunization. | ||
| (c) A child who consents to immunization under this section | ||
| shall provide the health care provider with sufficient and accurate | ||
| health history and other information for the child and, if | ||
| necessary, sufficient and accurate health history and information | ||
| about the child's family to enable the child and the health care | ||
| provider to determine adequately the risks and benefits inherent in | ||
| the proposed immunization and to determine whether immunization is | ||
| advisable. | ||
| (d) Consent to immunization under this section must meet the | ||
| requirements of Section 32.002(a). | ||
| (e) Consent by a child to immunization under this section is | ||
| not subject to disaffirmance because of minority. | ||
| (f) A health care provider or facility is not liable for the | ||
| immunization of a child under this section except for the | ||
| provider's or the facility's own acts of negligence. | ||
| (g) To the extent of any conflict between this section and | ||
| Section 32.003, this section controls. | ||
| 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, 2015. | ||
