S.B. No. 95 aims to enhance the administration of immunizations to children by mandating that health care providers obtain written informed consent before administering any immunization. The bill emphasizes the importance of this consent by establishing civil liability for providers who fail to secure it, particularly in cases where a child experiences an adverse reaction that must be reported to the federal Vaccine Adverse Event Reporting System. Additionally, the bill prohibits health care providers from accepting bonuses, kickbacks, or any other form of remuneration from vaccine manufacturers, which is intended to mitigate conflicts of interest that may affect the counseling provided to parents or guardians regarding the benefits and risks of immunization.
The bill introduces several new provisions, including penalties for providers who violate the remuneration prohibition, which could result in disciplinary action and administrative penalties. It also clarifies that consent obtained under these circumstances would be deemed invalid if the provider has accepted improper remuneration. Furthermore, the bill amends existing liability protections for individuals and facilities administering immunizations, specifying that such protections do not apply if informed consent was not obtained as required. The changes will take effect immediately upon receiving a two-thirds vote from both houses or on September 1, 2025, if that threshold is not met.
Statutes affected: Introduced: Family Code 32.102, Family Code 32.103 (Family Code 32)
Senate Committee Report: Family Code 32.102, Family Code 32.103 (Family Code 32)
Engrossed: Family Code 32.102, Family Code 32.103 (Family Code 32)