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. Additionally, the bill establishes civil liability for providers who fail to obtain the required consent, allowing for damages up to $10,000 in cases where a child experiences an adverse reaction to the immunization.

The bill also outlines administrative penalties for providers who violate the prohibition on accepting remuneration from vaccine manufacturers, with penalties set at a minimum of $5,000 or ten times the value of the remuneration received. Furthermore, it clarifies that consent is not valid if obtained under such violations and specifies that health care providers, public health clinics, and other entities are not liable for damages from immunizations unless they fail to obtain the necessary written informed consent. The changes will apply to causes of action that accrue after the bill's effective date, which is immediate upon a two-thirds vote or on September 1, 2025, if such a vote is not achieved.

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