The bill amends the Family Code to establish requirements for informed consent prior to administering immunizations to children and introduces civil liability for healthcare providers who fail to obtain such consent. Specifically, it mandates that healthcare providers must obtain informed consent from an authorized individual before immunizing a child. The bill also specifies that the information provided during the consent process must include details about the benefits and risks of immunization, relevant vaccine information statements, and the Vaccine Excipient Summary from the Centers for Disease Control and Prevention.
Additionally, the bill introduces a provision that holds healthcare providers liable for damages of at least $5,000 if they fail to obtain the required informed consent and the child experiences an adverse reaction to the immunization. It allows claimants to recover reasonable expenses incurred in bringing such actions, including court costs and attorney's fees. Furthermore, the bill clarifies that certain sections of the Civil Practice and Remedies Code do not apply to actions brought under this new provision, emphasizing the importance of informed consent in the immunization process. The changes will apply only to causes of action that accrue after the bill's effective date.
Statutes affected: Introduced: Family Code 32.102, Family Code 32.103 (Family Code 32)