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GOVERNMENT CODE
SUBTITLE I. HEALTH AND HUMAN SERVICES
CHAPTER 531. HEALTH AND HUMAN SERVICES COMMISSION
§ 531.0335 (2007)
§ 531.0335. Prohibition on Punitive
Action for Failure to Immunize
(a) In this section:
(1) "Person responsible for a child's
care, custody, or welfare" has the meaning assigned by Section
261.001, Family Code.
(2) "Punitive action" includes the initiation of an
investigation of a person responsible for a child's care, custody,
or welfare for alleged or suspected abuse or neglect of a child.
(b) The commissioner by rule shall prohibit
a health and human services agency from taking a punitive action
against a person responsible for a child's care, custody, or welfare
for failure of the person to ensure that the child receives the
immunization series prescribed by Section 161.004, Health and Safety
Code.
(c) This section does not affect a law, including
Chapter 31, Human Resources Code, that specifically provides a punitive
action for failure to ensure that a child receives the immunization
series prescribed by Section 161.004, Health and Safety Code.
EDUCATION CODE
TITLE 2. PUBLIC EDUCATION
CHAPTER 38. HEALTH AND SAFETY
§ 38.001 (2007)
§ 38.001. Immuizations; Requirements;
Exceptions.
(a) Each student shall be fully immunized against
diphtheria, rubeola, rubella, mumps, tetanus, and poliomyelitis,
except as provided by Subsection (c).
Text of subsection as amended by Acts 2007, 80th
Leg., R.S., Ch. 43, § 1
(b) Subject to Subsections (b-1) and (c), the
executive commissioner of the Health and Human Services Commission
may modify or delete any of the immunizations in Subsection (a)
or may require immunizations against additional diseases as a requirement
for admission to any elementary or secondary school.
Text of subsection as amended by Acts 2007, 80th
Leg., R.S., Ch. 94, § 2
(b) Subject to Subsection (c), the Department
of State Health Services may modify or delete any of the immunizations
in Subsection (a) or may require immunizations against additional
diseases as a requirement for admission to any elementary or secondary
school.
Text of subsection as added by Acts 2007, 80th
Leg., R.S., Ch. 43, § 1
(b-1) Immunization against human papillomavirus
is not required for a person's admission to any elementary or secondary
school; however, by using existing resources, the Health and Human
Services Commission shall provide educational material about the
human papillomavirus vaccine that is unbiased, medically and scientifically
accurate, and peer reviewed, available to parents or legal guardians
at the appropriate time in the immunization schedule by the appropriate
school. This subsection preempts any contrary executive order issued
by the governor. This subsection expires January 11, 2011.
Text of subsection as added by Acts 2007, 80th
Leg., R.S., Ch. 94, § 2
(b-1) Each year, the Department of State Health
Services shall prepare a list of the immunizations required under
this section for admission to public schools and of any additional
immunizations the department recommends for school-age children.
The department shall prepare the list in English and Spanish and
make the list available in a manner that permits a school district
to easily post the list on the district's Internet website as required
by Section 38.019.
(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; or (2) is a member of the armed forces of the United States
and is on active duty.
(c-1) An affidavit submitted under Section (c)(1)(B)
must be on a form described by Section 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.
(d) The Department of State Health Services shall
provide the required immunization to children in areas where no
local provision exists to provide those services.
(e) A person may be provisionally admitted to
an elementary or secondary school if the person has begun the required
immunizations and if the person continues to receive the necessary
immunizations as rapidly as is medically feasible. The Department
of State Health Services shall adopt rules relating to the provisional
admission of persons to an elementary or secondary school.
(f) A person who has not received the immunizations
required by this section for reasons of conscience, including because
of the person's religious beliefs, may be excluded from school in
times of emergency or epidemic declared by the commissioner of public
health.
EDUCATION CODE
TITLE 3. HIGHER EDUCATION
CHAPTER 51. PROVISIONS GENERALLY APPLICABLE TO HIGHER EDUCATION
§ 51.933 (2007)
§ 51.933. Immmunization Requirements;
Exceptions
(a) An institution of higher education may require
applicants for admission to be immunized against diphtheria, rubeola,
rubella, mumps, tetanus, and poliomyelitis, except as provided in
Subsection (d).
(b) The Texas Board of Health may require immunizations
against the diseases listed in Subsection (a) and additional diseases
for students at any institution of higher education who are pursuing
a course of study in a human or animal health profession, and the
board may require those immunizations for any students in times
of an emergency or epidemic in a county where the commissioner of
public health has declared such an emergency or epidemic.
(c) An institution of higher education, in conjunction
with the Texas Department of Health, should provide individual notice
to each student applying for admission regarding:
(1) the consequences of not being current
on immunization for certain
diseases;
(2) the age groups most vulnerable to these vaccine preventable
diseases;
and
(3) local providers of immunization services.
(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; or
(2) is a member of the armed forces of the
United States and is on active duty.
(d-1) An affidavit submitted under Section (d)(1)(B)
must be on a form described by Section 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.
(e) The exception provided by Subsection (d)(1)(B)
does not apply in a time of emergency or epidemic declared by the
commissioner of public health.
HEALTH & SAFETY CODE
TITLE 2. HEALTH
CHAPTER 161. PUBLIC HEALTH PROVISIONS
§ 161.004 (2007)
§ 161.004. Statewide Immunization of
Children
(a) Every child in the state shall be immunized
against vaccine preventable diseases caused by infectious agents
in accordance with the immunization schedule adopted by the board.
(b) Hospitals shall be responsible for
(1) referring newborns for immunization at
the time the newborn screening test is performed;
(2) reviewing the immunization history of every child admitted
to the hospital or examined in the hospital's emergency room or
outpatient clinic; and
(3) administering needed vaccinations or referring the child for
immunization.
(c) Physicians shall be responsible for reviewing
the immunization history of every child examined and administering
any needed vaccinations or referring the child for immunization.
(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; 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.
(e) For purposes of this section, "child"
means a person under 18 years of age.
(f) The board shall adopt rules that are necessary
to administer this section.
(g) A parent, managing conservator, or guardian
may choose the health care provider who administers the vaccine
or immunizing agent under this chapter.
§ 161.0041 (2007)
§ 161.0041. Immunization Exception Addidavit
Form
(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 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.
(b) The affidavit must be signed by the person
claiming the exemption or, if the person is a minor, the person's
parent, managing conservator, or guardian, and the affidavit must
be notarized.
(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.
(d) The department shall develop a blank affidavit
form that contains a seal or other security device to prevent reproduction
of the form. The affidavit form shall contain a statement indicating
that the person or, if a minor, the person's parent, managing conservator,
or guardian understands the benefits and risks of immunizations
and the benefits and risks of not being immunized.
(e) The department shall maintain a record of
the total number of affidavit forms sent out each year and shall
report that information to the legislature each year. The department
may not maintain a record of the names of individuals who request
an affidavit under this section.
HUMAN RESOURCES CODE
TITLE 2. DEPARTMENT OF HUMAN SERVICES AND
DEPARTMENT OF PROTECTIVE AND
REGULATORY SERVICES
CHAPTER 42. REGULATION OF CERTAIN FACILITIES, HOMES, AND AGENCIES
THAT PROVIDE CHILD-CARE SERVICES
§ 42.043 (2007)
§ 42.043. Rules for Immunizations
(a) The department shall make rules for the immunization
of children in facilities regulated under this chapter.
(b) The department shall require that each child
at an appropriate age have a test for tuberculosis and be immunized
against diphtheria, tetanus, poliomyelitis, mumps, rubella, rubeola,
invasive pneumococcal disease, and hepatitis A and against any other
communicable disease as recommended by the Department of State Health
Services. The immunization must be effective on the date of first
entry into the facility. However, a child may be provisionally admitted
if the required immunizations have begun and are completed as rapidly
as medically feasible.
(c) The Texas Department of Health shall make
rules for the provisional admission of children to facilities regulated
under this chapter and may modify or delete any of the immunizations
listed in Subsection (b) of this section or require additional immunizations
as a requirement for admission to a facility. (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 reasons of conscience,
including a religious belief.
(d-1) An affidavit submitted under Section (d)(2)
must be on a form described by Section 161.0041, Health and Safety
Code, and must be submitted not later than the 90th day after the
date the affidavit is notarized.
(e) Each regulated facility shall keep an individual
immunization record for each child admitted, and the records shall
be open for inspection by the department at all reasonable times.
(f) The Texas Department of Health shall provide
the immunizations required by this section to children in areas
where there is no local provision of these services.
TEXAS ADMINISTRATIVE CODE
TITLE 25. HEALTH SERVICES
PART 1. DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 97. COMMUNICABLE DISEASES
SUBCHAPTER B. IMMUNIZATION REQUIREMENTS
IN TEXAS ELEMENTARY AND SECONDARY SCHOOLS
AND INSTITUTIONS OF HIGHER EDUCATION
Texas Adm. Code §97.61 (2007)
RULE §97.61 Children and Students Included
in Requirements
(a) The vaccine requirements apply to all children
and students entering, attending, enrolling in, and/or transferring
to child-care facilities or public or private primary or secondary
schools or institutions of higher education.
(b) The vaccines required in this section are
also required for all children in the State of Texas, including
children admitted, detained, or committed in Texas Department of
Criminal Justice, Texas Mental Health and Mental Retardation, and
Texas Youth Commission facilities.
(c) The vaccine requirements are adopted as a
statewide control measure for communicable disease as defined in
Health and Safety Code, §81.081 and §81.082. The requirements
are adopted as an "instruction" of the department
as that term is used in the Health and Safety Code, §81.002.
Texas Adm. Code §97.62 (2007)
RULE §97.62 Exclusions from Compliance
Exclusions from compliance are allowable on an
individual basis for medical contraindications, reasons of conscience,
including a religious belief, and active duty with the armed forces
of the United States. Children and students in these categories
must submit evidence for exclusion from compliance as specified
in the Health and Safety Code, §161.004(d), Health and Safety
Code, §161.0041, Education Code, Chapter 38, Education Code,
Chapter 51, and the Human Resources Code, Chapter 42.
(1) To claim an exclusion for medical reasons,
the child or student must present a statement signed by the child's
physician (M.D. or D.O.), duly registered and licensed to practice
medicine in the United States who has examined the child, in which
it is stated that, in the physician's opinion, the vaccine required
is medically contraindicated or poses a significant risk to the
health and well-being of the child or any member of the child's
household. Unless it is written in the statement that a lifelong
condition exists, the exemption statement is valid for only one
year from the date signed by the physician.
(2) To claim an exclusion for reasons of conscience,
including a religious belief, a signed affidavit must be presented
by the child's parent or legal guardian, stating that the child's
parent or legal guardian declines vaccinations for reasons of conscience,
including because of the person's religious beliefs. The affidavit
will be valid for a two-year period. The child, who has not received
the required immunizations for reasons of conscience, including
religious beliefs, may be excluded from school in times of emergency
or epidemic declared by the commissioner of public health.
(A) A person claiming exclusion for reasons
of conscience, including a religious belief, from a required immunization
may only obtain the affidavit form by submitting a written request
to the department. The request must include the following:
(i) full name of child; and
(ii) child's date of birth (month/day/year).
(B) Requests for affidavit forms must be submitted
to the department through one of the following methods:
(i) written request through the United States
Postal Service (or other commercial carrier) to the department
at: DSHS Immunization Branch, Mail code 1946, P.O. Box 149347,
Austin, Texas 78714-9347;
(ii) by facsimile at (512) 458-7544;
(iii) by hand-delivery at the department's physical address
at 1100 West 49th Street, Austin, Texas 78756; or
(iv) via the department's Immunization program Internet website
(go to www.ImmunizeTexas.org).
(C) Upon request, one affidavit form for each
child will be mailed unless otherwise specified (shall not exceed
a maximum of five forms per child).
(D) The department shall not maintain a record of the names of
individuals who request an affidavit and shall return the original
request (where applicable) with the forms requested.
(3) To claim an exclusion for armed forces,
persons who can prove that they are serving on active duty with
the armed forces of the United States are exempted from the requirements
in these sections.
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