S.B. No. 39 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 the provider has violated the prohibition on remuneration. It also establishes that health care providers who violate this prohibition may face disciplinary action from their licensing agency, which can impose administrative penalties. The bill specifies that individuals or facilities administering immunizations are not liable for damages unless they have failed to obtain the necessary written informed consent, thereby reinforcing the importance of this consent in the immunization process. The changes will apply 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)