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 if 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 or kickbacks from vaccine manufacturers, asserting that such remuneration creates a conflict of interest that may compromise the informed consent process.

The bill introduces several new provisions, including penalties for providers who violate the remuneration prohibition, which could result in administrative penalties of at least $5,000 or ten times the value of the remuneration received. It also clarifies that consent is not valid if obtained under such violations and that individuals or facilities are not liable for damages from immunizations unless they fail to obtain the required consent. The changes will apply to causes of action that arise after the bill's effective date, which could be immediate or set for September 1, 2025, depending on legislative approval.

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)