Bill Text: TX HB126 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to an educational module certificate requirement for certain immunization exemptions; authorizing a fee.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2017-02-13 - Referred to Public Health [HB126 Detail]
Download: Texas-2017-HB126-Introduced.html
85R2465 SCL-F | ||
By: Davis of Harris | H.B. No. 126 |
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relating to an educational module certificate requirement for | ||
certain immunization exemptions; authorizing a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 38.001(c) and (c-1), 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) the following documents: | ||
(i) an affidavit signed by the applicant | ||
or, if the applicant is a minor, by the applicant's parent or | ||
guardian stating that the applicant declines immunization for | ||
reasons of conscience, including a religious belief; and | ||
(ii) a certificate verifying that the | ||
applicant or, if the applicant is a minor, the applicant's parent or | ||
guardian has completed the immunization educational module | ||
described by Section 161.0041(f), Health and Safety Code; or | ||
(2) is a member of the armed forces of the United | ||
States and is on active duty. | ||
(c-1) An affidavit submitted under Subsection (c)(1)(B)(i) | ||
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161.0041, Health and Safety Code, and must be submitted to the | ||
admitting official not later than the 90th day after the date the | ||
affidavit is notarized. | ||
SECTION 2. Sections 51.9192(d), (d-2), and (d-3), 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) the following documents: | ||
(A) an affidavit signed by the student stating | ||
that the student declines the vaccination for bacterial meningitis | ||
for reasons of conscience, including a religious belief, or a | ||
written or electronic confirmation that the student has completed | ||
the Internet-based process described by Subsection (d-3) for | ||
declining the vaccination on that basis, as [ |
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(B) a certificate verifying that the student has | ||
completed the immunization educational module described by Section | ||
161.0041(f), Health and Safety Code [ |
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(d-2) An affidavit submitted under Subsection (d)(2)(A) | ||
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(1) on a form described by Section 161.0041, Health | ||
and Safety Code; and | ||
(2) submitted to the appropriate admitting official | ||
not later than the 90th day after the date the affidavit is | ||
notarized. | ||
(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 | ||
reasons of conscience. The online process portal must be designed | ||
to ensure that duplicate exemption requests are avoided to the | ||
greatest extent possible and provide for submission of the | ||
immunization educational module certificate under Subsection | ||
(d)(2)(B). 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. | ||
SECTION 3. Sections 51.933(d) and (d-1), Education Code, | ||
are 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) the following documents: | ||
(i) an affidavit signed by the applicant | ||
or, if the applicant is a minor, by the applicant's parent or | ||
guardian stating that the applicant declines immunization for | ||
reasons of conscience, including a religious belief; and | ||
(ii) a certificate verifying that the | ||
applicant or, if the applicant is a minor, the applicant's parent or | ||
guardian has completed the immunization educational module | ||
described by Section 161.0041(f), Health and Safety Code; or | ||
(2) is a member of the armed forces of the United | ||
States and is on active duty. | ||
(d-1) An affidavit submitted under Subsection (d)(1)(B)(i) | ||
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161.0041, Health and Safety Code, and must be submitted to the | ||
admitting official not later than the 90th day after the date the | ||
affidavit is notarized. | ||
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 reasons of conscience, | ||
including a religious belief, and completes the immunization | ||
educational module described by Section 161.0041(f); or | ||
(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. The heading to Section 161.0041, Health and | ||
Safety Code, is amended to read as follows: | ||
Sec. 161.0041. IMMUNIZATION EXEMPTION AFFIDAVIT FORM; | ||
IMMUNIZATION EDUCATIONAL MODULE. | ||
SECTION 6. Section 161.0041, Health and Safety Code, is | ||
amended by amending Subsection (a) and adding Subsections (a-1), | ||
(f), and (g) to read as follows: | ||
(a) A person claiming an exemption from a required | ||
immunization based on reasons of conscience, including a religious | ||
belief, under Section 161.004 of this code, Section 38.001, | ||
51.9192, or 51.933, Education Code, or Section 42.043, Human | ||
Resources Code, must submit: | ||
(1) [ |
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department stating the reason for the exemption; and | ||
(2) a certificate verifying that the person has | ||
completed the immunization educational module described by | ||
Subsection (f). | ||
(a-1) Subsection (a)(1) [ |
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a person claiming the exemption using the Internet-based process | ||
under Section 51.9192(d-3), Education Code. | ||
(f) The department shall develop and maintain an Internet | ||
website that contains an immunization educational module and | ||
verification process to certify successful completion of the | ||
module. The module must present evidence-based information that is | ||
consistent with information published by the Centers for Disease | ||
Control and Prevention concerning: | ||
(1) epidemiology; | ||
(2) the prevention of disease through the use of | ||
vaccines; and | ||
(3) the safety and efficacy of vaccines. | ||
(g) The department may collect a fee for issuing a | ||
certificate described by Subsection (a)(2) in an amount designed to | ||
allow the department to recover from module users all of the | ||
department's direct and indirect costs in developing and | ||
maintaining the Internet website described by Subsection (f). | ||
SECTION 7. Sections 42.043(d) and (d-1), Human Resources | ||
Code, are 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 [ |
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(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) the following documents: | ||
(A) an affidavit signed by the child's parent or | ||
guardian stating that the applicant declines immunization for | ||
reasons of conscience, including a religious belief; and | ||
(B) a certificate verifying that the applicant's | ||
parent or guardian has completed the immunization educational | ||
module described by Section 161.0041(f), Health and Safety Code. | ||
(d-1) An affidavit submitted under Subsection (d)(2)(A) | ||
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Health and Safety Code, and must be submitted not later than the | ||
90th day after the date the affidavit is notarized. | ||
SECTION 8. Not later than December 1, 2017, the executive | ||
commissioner of the Health and Human Services Commission shall | ||
adopt rules to implement Sections 161.0041(f) and (g), Health and | ||
Safety Code, as added by this Act. | ||
SECTION 9. The change in law made by this Act applies only | ||
to a person claiming an immunization exemption on the basis of | ||
conscience, including a religious belief, on or after January 1, | ||
2018. A person claiming an immunization exemption on the basis of | ||
conscience before January 1, 2018, is governed by the law in effect | ||
immediately before the effective date of this Act, and that law is | ||
continued in effect for that purpose. | ||
SECTION 10. This Act takes effect September 1, 2017. |