Sec. 161.004. STATEWIDE IMMUNIZATION OF CHILDREN. (a) Every child in the state shall be immunized against vaccine preventable diseases caused by infectious agents in accordance with the immunization schedule adopted in department rules.
(b) Hospitals shall be responsible for:
(1) referring newborns for immunization at the time the newborn screening test is performed;
(2) reviewing the immunization history of every child admitted to the hospital or examined in the hospital's emergency room or outpatient clinic; and
(3) administering needed vaccinations or referring the child for immunization.
(c) Physicians shall be responsible for reviewing the immunization history of every child examined and administering any needed vaccinations or referring the child for immunization.
(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; 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.
(e) For purposes of this section, "child" means a person under 18 years of age.
(f) The executive commissioner shall adopt rules that are necessary to administer this section.
(g) A parent, managing conservator, or guardian may choose the health care provider who administers the vaccine or immunizing agent under this chapter.
Added by Acts 1993, 73rd Leg., ch. 43, Sec. 3, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.162, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0455, 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