85R2465 SCL-F     By: Davis of Harris H.B. No. 126       A BILL TO BE ENTITLED   AN ACT   relating to an educational module certificate requirement for   certain immunization exemptions; authorizing a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 38.001(c) and (c-1), Education Code,   are amended to read as follows:          (c)  Immunization is not required for a person's admission to   any elementary or secondary school if the person applying for   admission:                (1)  submits to the admitting official:                      (A)  an affidavit or a certificate signed by a   physician who is duly registered and licensed to practice medicine   in the United States, in which it is stated that, in the physician's   opinion, the immunization required poses a significant risk to the   health and well-being of the applicant or any member of the   applicant's family or household; or                      (B)  the following documents:                            (i)  an affidavit signed by the applicant   or, if the applicant is a minor, by the applicant's parent or   guardian stating that the applicant declines immunization for   reasons of conscience, including a religious belief; and                            (ii)  a certificate verifying that the   applicant or, if the applicant is a minor, the applicant's parent or   guardian has completed the immunization educational module   described by Section 161.0041(f), Health and Safety Code; or                (2)  is a member of the armed forces of the United   States and is on active duty.          (c-1)  An affidavit submitted under Subsection (c)(1)(B)(i)    [Section (c)(1)(B)] must be on a form described by Section   161.0041, Health and Safety Code, and must be submitted to the   admitting official not later than the 90th day after the date the   affidavit is notarized.          SECTION 2.  Sections 51.9192(d), (d-2), and (d-3), Education   Code, are amended to read as follows:          (d)  A student to whom this section applies or a parent or   guardian of the student is not required to comply with Subsection   (c) if the student or a parent or guardian of the student submits to   the institution:                (1)  an affidavit or a certificate signed by a   physician who is duly registered and licensed to practice medicine   in the United States in which it is stated that, in the physician's   opinion, the vaccination required would be injurious to the health   and well-being of the student; or                (2)  the following documents:                      (A)  an affidavit signed by the student stating   that the student declines the vaccination for bacterial meningitis   for reasons of conscience, including a religious belief, or a   written or electronic confirmation that the student has completed   the Internet-based process described by Subsection (d-3) for   declining the vaccination on that basis, as [if] applicable; and                      (B)  a certificate verifying that the student has   completed the immunization educational module described by Section   161.0041(f), Health and Safety Code [to the student].          (d-2)  An affidavit submitted under Subsection (d)(2)(A)    [(d)(2)] must be:                (1)  on a form described by Section 161.0041, Health   and Safety Code; and                (2)  submitted to the appropriate admitting official   not later than the 90th day after the date the affidavit is   notarized.          (d-3)  The Department of State Health Services shall develop   and implement a secure, Internet-based process to be used   exclusively at those public junior colleges that elect to use the   process to allow an entering student to apply online for an   exemption from the vaccination requirement under this section for   reasons of conscience. The online process portal must be designed   to ensure that duplicate exemption requests are avoided to the   greatest extent possible and provide for submission of the   immunization educational module certificate under Subsection   (d)(2)(B). The exemption form used by a student to claim an   exemption under the process must contain a statement indicating   that the student understands the benefits and risks of the   immunization and the benefits and risks of not receiving the   immunization.          SECTION 3.  Sections 51.933(d) and (d-1), Education Code,   are amended to read as follows:          (d)  No form of immunization is required for a person's   admission to an institution of higher education if the person   applying for admission:                (1)  submits to the admitting official:                      (A)  an affidavit or a certificate signed by a   physician who is duly registered and licensed to practice medicine   within the United States in which it is stated that, in the   physician's opinion, the immunization required poses a significant   risk to the health and well-being of the applicant or any member of   the applicant's family or household; or                      (B)  the following documents:                            (i)  an affidavit signed by the applicant   or, if the applicant is a minor, by the applicant's parent or   guardian stating that the applicant declines immunization for   reasons of conscience, including a religious belief; and                            (ii)  a certificate verifying that the   applicant or, if the applicant is a minor, the applicant's parent or   guardian has completed the immunization educational module   described by Section 161.0041(f), Health and Safety Code; or                (2)  is a member of the armed forces of the United   States and is on active duty.          (d-1)  An affidavit submitted under Subsection (d)(1)(B)(i)    [Section (d)(1)(B)] must be on a form described by Section   161.0041, Health and Safety Code, and must be submitted to the   admitting official not later than the 90th day after the date the   affidavit is notarized.          SECTION 4.  Section 161.004(d), Health and Safety Code, is   amended to read as follows:          (d)  A child is exempt from an immunization required by this   section if:                (1)  a parent, managing conservator, or guardian states   that the immunization is being declined for reasons of conscience,   including a religious belief, and completes the immunization   educational module described by Section 161.0041(f); or                (2)  the immunization is medically contraindicated   based on the opinion of a physician licensed by any state in the   United States who has examined the child.          SECTION 5.  The heading to Section 161.0041, Health and   Safety Code, is amended to read as follows:          Sec. 161.0041.  IMMUNIZATION EXEMPTION AFFIDAVIT FORM;   IMMUNIZATION EDUCATIONAL MODULE.          SECTION 6.  Section 161.0041, Health and Safety Code, is   amended by amending Subsection (a) and adding Subsections (a-1),   (f), and (g) to read as follows:          (a)  A person claiming an exemption from a required   immunization based on reasons of conscience, including a religious   belief, under Section 161.004 of this code, Section 38.001,   51.9192, or 51.933, Education Code, or Section 42.043, Human   Resources Code, must submit:                (1)  [complete] an affidavit on a form provided by the   department stating the reason for the exemption; and                (2)  a certificate verifying that the person has   completed the immunization educational module described by   Subsection (f).          (a-1)  Subsection (a)(1) [This subsection] does not apply to   a person claiming the exemption using the Internet-based process   under Section 51.9192(d-3), Education Code.          (f)  The department shall develop and maintain an Internet   website that contains an immunization educational module and   verification process to certify successful completion of the   module. The module must present evidence-based information that is   consistent with information published by the Centers for Disease   Control and Prevention concerning:                (1)  epidemiology;                (2)  the prevention of disease through the use of   vaccines; and                (3)  the safety and efficacy of vaccines.          (g)  The department may collect a fee for issuing a   certificate described by Subsection (a)(2) in an amount designed to   allow the department to recover from module users all of the   department's direct and indirect costs in developing and   maintaining the Internet website described by Subsection (f).          SECTION 7.  Sections 42.043(d) and (d-1), Human Resources   Code, are amended to read as follows:          (d)  No immunization may be required for admission to a   facility regulated under this chapter if a person applying for a   child's admission submits [one of the following affidavits]:                (1)  an affidavit signed by a licensed physician   stating that the immunization poses a significant risk to the   health and well-being of the child or a member of the child's family   or household; or                (2)  the following documents:                      (A)  an affidavit signed by the child's parent or   guardian stating that the applicant declines immunization for   reasons of conscience, including a religious belief; and                      (B)  a certificate verifying that the applicant's   parent or guardian has completed the immunization educational   module described by Section 161.0041(f), Health and Safety Code.          (d-1)  An affidavit submitted under Subsection (d)(2)(A)    [Section (d)(2)] must be on a form described by Section 161.0041,   Health and Safety Code, and must be submitted not later than the   90th day after the date the affidavit is notarized.          SECTION 8.  Not later than December 1, 2017, the executive   commissioner of the Health and Human Services Commission shall   adopt rules to implement Sections 161.0041(f) and (g), Health and   Safety Code, as added by this Act.          SECTION 9.  The change in law made by this Act applies only   to a person claiming an immunization exemption on the basis of   conscience, including a religious belief, on or after January 1,   2018. A person claiming an immunization exemption on the basis of   conscience before January 1, 2018, is governed by the law in effect   immediately before the effective date of this Act, and that law is   continued in effect for that purpose.          SECTION 10.  This Act takes effect September 1, 2017.