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
Subtitle H - Public Health Provisions
Chapter 161 - Public Health Provisions
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 161.006. Department Immunization Service
Section 161.007. Immunization Registry; Reports to Department
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 161.0109. Human Papillomavirus; Vaccines Education Materials