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 introduces new provisions that prohibit health care providers from accepting bonuses, kickbacks, or any form of remuneration from vaccine manufacturers, as such practices create conflicts of interest that may compromise the informed consent process. If a provider fails to obtain the required consent and the child experiences an adverse reaction, the provider can be held liable for damages up to $10,000, along with the possibility of recovering reasonable legal expenses.
Additionally, the bill amends existing legal language to clarify that consent is not valid if obtained under circumstances where the provider has violated the prohibition on remuneration. It also specifies that individuals or facilities administering immunizations are not liable for damages unless negligence is proven, but this immunity does not apply if informed consent was not obtained as mandated. The changes will take effect for causes of action accruing on or 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)