Texas Statutes
Subchapter A. Immunizations
Section 161.001. Liability of Person Who Orders or Administers Immunization

Sec. 161.001. LIABILITY OF PERSON WHO ORDERS OR ADMINISTERS IMMUNIZATION. (a) A person who administers or authorizes the administration of a vaccine or immunizing agent is not liable for an injury caused by the vaccine or immunizing agent if the immunization is required by department rule or is otherwise required by law or other rules.
(b) A person who administers or authorizes the administration of a vaccine or immunizing agent is not liable or responsible for the failure to immunize a child because of the failure or refusal of a parent, managing conservator, or guardian to consent to the vaccination or immunization required under this chapter. Consent to the vaccination or immunization must be given in the manner authorized by Chapter 32, Family Code.
(c) A person who fails to comply with Section 161.004 is not liable or responsible for that failure, and that failure does not create a cause of action.
(d) This section does not apply to a negligent act in administering the vaccine or immunizing agent.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 43, Sec. 2, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 165, Sec. 7.40, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0454, eff. April 2, 2015.

Structure Texas Statutes

Texas Statutes

Health and Safety Code

Title 2 - Health

Subtitle H - Public Health Provisions

Chapter 161 - Public Health Provisions

Subchapter A. Immunizations

Section 161.0001. Definitions

Section 161.001. Liability of Person Who Orders or Administers Immunization

Section 161.002. Inadmissibility of Immunization Survey Information

Section 161.003. Immunization Reminder Notices

Section 161.004. Statewide Immunization of Children

Section 161.0041. Immunization Exemption Affidavit Form

Section 161.005. Immunizations Required

Section 161.0051. Required Immunizations for Nursing Homes

Section 161.0052. Immunization of Elderly Persons by Hospitals, End Stage Renal Disease Facilities, and Physicians' Offices

Section 161.006. Department Immunization Service

Section 161.007. Immunization Registry; Reports to Department

Section 161.00705. Recording Administration of Immunization and Medication for Disasters and Emergencies

Section 161.00706. First Responder Immunization Information

Section 161.00707. Information and Education for First Responders

Section 161.00708. Access to First Responder Immunization History

Section 161.0071. Notice of Receipt of Registry Data; Exclusion From Registry

Section 161.0072. Providing Immunization Information to Department

Section 161.0073. Registry Confidentiality

Section 161.00735. Release and Receipt of Registry Data in Disaster

Section 161.0074. Report to Legislature

Section 161.0075. Immunity From Liability

Section 161.0076. Compliance With Federal Law

Section 161.008. Immunization Record

Section 161.0085. Covid-19 Vaccine Passports Prohibited

Section 161.009. Penalties for Disclosure of Information

Section 161.0095. Education Programs and Information

Section 161.010. Immunization Education; Statewide Coalition

Section 161.0101. Increase Immunization Awareness

Section 161.01035. Provider Choice System

Section 161.0104. Disaster Preparation

Section 161.0105. Limitation on Liability

Section 161.0106. Respiratory Syncytial Virus; Immunization

Section 161.0107. Electronic Medical Records Systems

Section 161.0108. Injunction

Section 161.0109. Human Papillomavirus; Vaccines Education Materials