Bill Text: TX HB120 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to non-medical exemptions from immunization requirements.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2017-02-13 - Referred to Public Health [HB120 Detail]
Download: Texas-2017-HB120-Introduced.html
85R2460 DMS-F | ||
By: Davis of Harris | H.B. No. 120 |
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relating to non-medical exemptions from immunization requirements. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 38.001(c) and (f), Education Code, are | ||
amended to read as follows: | ||
(c) Immunization is not required for a person's admission to | ||
any elementary or secondary school if the person applying for | ||
admission: | ||
(1) submits to the admitting official: | ||
(A) an affidavit or a certificate signed by a | ||
physician who is duly registered and licensed to practice medicine | ||
in the United States, in which it is stated that, in the physician's | ||
opinion, the immunization required poses a significant risk to the | ||
health and well-being of the applicant or any member of the | ||
applicant's family or household; or | ||
(B) an affidavit signed by the applicant or, if a | ||
minor, by the applicant's parent or guardian stating that the | ||
applicant declines immunization for non-medical reasons [ |
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(2) is a member of the armed forces of the United | ||
States and is on active duty. | ||
(f) A person who has not received the immunizations required | ||
by this section for non-medical reasons [ |
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school in times of emergency or epidemic declared by the | ||
commissioner of state [ |
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SECTION 2. Sections 51.9192(d), (d-3), and (d-4), Education | ||
Code, are amended to read as follows: | ||
(d) A student to whom this section applies or a parent or | ||
guardian of the student is not required to comply with Subsection | ||
(c) if the student or a parent or guardian of the student submits to | ||
the institution: | ||
(1) an affidavit or a certificate signed by a | ||
physician who is duly registered and licensed to practice medicine | ||
in the United States in which it is stated that, in the physician's | ||
opinion, the vaccination required would be injurious to the health | ||
and well-being of the student; or | ||
(2) an affidavit signed by the student stating that | ||
the student declines the vaccination for bacterial meningitis for | ||
non-medical reasons [ |
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or confirmation that the student has completed the Internet-based | ||
process described by Subsection (d-3) for declining the vaccination | ||
on that basis, if applicable to the student. | ||
(d-3) The Department of State Health Services shall develop | ||
and implement a secure, Internet-based process to be used | ||
exclusively at those public junior colleges that elect to use the | ||
process to allow an entering student to apply online for an | ||
exemption from the vaccination requirement under this section for | ||
non-medical reasons [ |
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must be designed to ensure that duplicate exemption requests are | ||
avoided to the greatest extent possible. The exemption form used by | ||
a student to claim an exemption under the process must contain a | ||
statement indicating that the student understands the benefits and | ||
risks of the immunization and the benefits and risks of not | ||
receiving the immunization. | ||
(d-4) A public junior college may require an entering | ||
student to use the Internet-based process under Subsection (d-3) as | ||
the exclusive method to apply for an exemption from the vaccination | ||
required under this section for non-medical reasons [ |
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SECTION 3. Section 51.933(d), Education Code, is amended to | ||
read as follows: | ||
(d) No form of immunization is required for a person's | ||
admission to an institution of higher education if the person | ||
applying for admission: | ||
(1) submits to the admitting official: | ||
(A) an affidavit or a certificate signed by a | ||
physician who is duly registered and licensed to practice medicine | ||
within the United States in which it is stated that, in the | ||
physician's opinion, the immunization required poses a significant | ||
risk to the health and well-being of the applicant or any member of | ||
the applicant's family or household; or | ||
(B) an affidavit signed by the applicant or, if a | ||
minor, by the applicant's parent or guardian stating that the | ||
applicant declines immunization for non-medical reasons [ |
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(2) is a member of the armed forces of the United | ||
States and is on active duty. | ||
SECTION 4. Section 161.004(d), Health and Safety Code, is | ||
amended to read as follows: | ||
(d) A child is exempt from an immunization required by this | ||
section if: | ||
(1) a parent, managing conservator, or guardian states | ||
that the immunization is being declined for non-medical reasons [ |
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(2) the immunization is medically contraindicated | ||
based on the opinion of a physician licensed by any state in the | ||
United States who has examined the child. | ||
SECTION 5. Section 161.0041(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) A person claiming an exemption from a required | ||
immunization based on non-medical reasons [ |
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Section 38.001, 51.9192, or 51.933, Education Code, or Section | ||
42.043, Human Resources Code, must complete an affidavit on a form | ||
provided by the department stating the reason for the exemption. | ||
This subsection does not apply to a person claiming the exemption | ||
using the Internet-based process under Section 51.9192(d-3), | ||
Education Code. | ||
SECTION 6. Section 224.002(c), Health and Safety Code, is | ||
amended to read as follows: | ||
(c) The policy may include procedures for a covered | ||
individual to be exempt from the required vaccines based on | ||
non-medical reasons [ |
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SECTION 7. Section 42.043(d), Human Resources Code, is | ||
amended to read as follows: | ||
(d) No immunization may be required for admission to a | ||
facility regulated under this chapter if a person applying for a | ||
child's admission submits one of the following affidavits: | ||
(1) an affidavit signed by a licensed physician | ||
stating that the immunization poses a significant risk to the | ||
health and well-being of the child or a member of the child's family | ||
or household; or | ||
(2) an affidavit signed by the child's parent or | ||
guardian stating that the applicant declines immunization for | ||
non-medical reasons [ |
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SECTION 8. Section 42.04305(d), Human Resources Code, is | ||
amended to read as follows: | ||
(d) The policy shall include procedures for a facility | ||
employee to be exempt from the required vaccines based on | ||
non-medical reasons [ |
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SECTION 9. As soon as practicable after the effective date | ||
of this Act, the Department of State Health Services shall modify | ||
the existing affidavit form required by Section 161.0041, Health | ||
and Safety Code, as amended by this Act. | ||
SECTION 10. The changes in law made by this Act to Section | ||
38.001, Education Code, relating to public school students apply | ||
beginning with the 2017-2018 school year. | ||
SECTION 11. The changes in law made by this Act to Sections | ||
51.9192 and 51.933, Education Code, apply only to entering students | ||
enrolling in public institutions of higher education in this state | ||
beginning with the 2017 fall semester. | ||
SECTION 12. The change in law made by this Act to Section | ||
42.043, Human Resources Code, applies beginning September 1, 2017. | ||
An affidavit submitted to a facility before the effective date of | ||
this Act is governed by the law in effect on the date the affidavit | ||
is submitted, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 13. This Act takes effect September 1, 2017. |