Bill Text: TX HB1674 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to a physician counseling requirement for persons claiming an immunization exemption on the basis of conscience, including a religious belief.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2015-03-09 - Referred to Public Health [HB1674 Detail]
Download: Texas-2015-HB1674-Introduced.html
84R10443 JSC-D | ||
By: Howard | H.B. No. 1674 |
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relating to a physician counseling requirement for persons claiming | ||
an immunization exemption on the basis of conscience, including a | ||
religious belief. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 38.001(c), Education Code, is 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 reasons of conscience, | ||
including a religious belief, and a completed physician counseling | ||
certification stating that the physician has provided information | ||
on the risks and benefits of immunization; or | ||
(2) is a member of the armed forces of the United | ||
States and is on active duty. | ||
SECTION 2. Sections 51.9192(d) 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) 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 | ||
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, and a completed | ||
physician counseling certification stating that the physician has | ||
provided information on the risks and benefits of immunization. | ||
(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. 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. A student who uses the Internet-based process under | ||
this section is required to submit, in the manner prescribed by the | ||
college, a completed physician counseling certification stating | ||
that the physician has provided information on the risks and | ||
benefits of immunization. | ||
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 reasons of conscience, | ||
including a religious belief, and a completed physician counseling | ||
certification stating that the physician has provided information | ||
on the risks and benefits of immunization; or | ||
(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: | ||
(A) the immunization is being declined for | ||
reasons of conscience, including a religious belief; and | ||
(B) the parent, managing conservator, or | ||
guardian has been counseled by a physician on the risks and benefits | ||
of immunization; 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 AND | ||
PHYSICIAN COUNSELING CERTIFICATION FORM. | ||
SECTION 6. Section 161.0041, Health and Safety Code, is | ||
amended by amending Subsections (a) and (c) and adding Subsections | ||
(a-1), (d-1), and (d-2) 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: | ||
(1) complete an affidavit on a form provided by the | ||
department stating the reason for the exemption; and | ||
(2) submit a completed physician counseling | ||
certification. | ||
(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. | ||
(c) A person claiming an exemption from a required | ||
immunization under this section may only obtain the affidavit form | ||
by submitting a written request for the affidavit form to the | ||
department. The department shall include a blank copy of the | ||
physician counseling certification form described by Subsection | ||
(d-1) with each affidavit form sent to a person. | ||
(d-1) The department shall develop a blank physician | ||
counseling certification form to be completed by a physician who | ||
has counseled a person and, if the person is a minor, the person's | ||
parent, managing conservator, or guardian, about the risks and | ||
benefits of immunization. The form must contain: | ||
(1) spaces for: | ||
(A) the name, signature, and license number of | ||
the physician providing counsel; | ||
(B) the name of the person claiming the | ||
exemption, the name of the person's parent, managing conservator, | ||
or guardian, as applicable, and the signature of the person or the | ||
person's parent, managing conservator, or guardian, as applicable; | ||
and | ||
(C) the date; and | ||
(2) the following statement or substantially similar | ||
language: | ||
"I certify that I have provided medically accurate | ||
information on the risks and benefits of immunization." | ||
(d-2) The department shall make the printable physician | ||
counseling certification form available on the department's | ||
Internet website. | ||
SECTION 7. 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 reasons | ||
of conscience, including a religious belief, provided that the | ||
policy requires an individual claiming an exemption based on | ||
reasons of conscience to certify that the individual has received | ||
counseling from a physician on the risks and benefits of vaccines. | ||
SECTION 8. 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 [ |
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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) 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 a | ||
completed physician counseling certification stating that the | ||
physician has provided information on the risks and benefits of | ||
immunization. | ||
SECTION 9. 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 reasons of | ||
conscience, including a religious belief, and those procedures must | ||
include the requirement that the employee claiming the exemption | ||
certify that the employee has received counseling from a physician | ||
on the risks and benefits of vaccines. | ||
SECTION 10. (a) Not later than December 1, 2015, the | ||
Department of State Health Services shall make the physician | ||
counseling certification form available on the department's | ||
Internet website. | ||
(b) A person claiming an immunization exemption on the basis | ||
of conscience, including a religious belief, on or after January 1, | ||
2016, is required to submit a completed physician counseling | ||
certification or otherwise affirm that the person has received | ||
physician counseling, as applicable. | ||
(c) A person claiming an immunization exemption on the basis | ||
of conscience, including a religious belief, before January 1, | ||
2016, is required to submit a completed physician counseling | ||
certification or otherwise affirm that the person has received | ||
physician counseling, as applicable, before September 1, 2016, to | ||
continue to be eligible for the exemption. | ||
SECTION 11. 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. |