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 other 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 from vaccine manufacturers. 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 immunizations administered without proper consent are not authorized under the law, thereby limiting liability for those who administer vaccines in compliance with the new requirements. The changes will apply only to causes of action that arise after the bill's effective date.

Statutes affected:
Introduced: Family Code 32.102, Family Code 32.103 (Family Code 32)