Sec. 42.043. RULES FOR IMMUNIZATIONS. (a) The executive commissioner shall adopt rules for the immunization of children in facilities regulated under this chapter.
(b) The department shall require that each child at an appropriate age have a test for tuberculosis and be immunized against diphtheria, tetanus, poliomyelitis, mumps, rubella, rubeola, invasive pneumococcal disease, and hepatitis A and against any other communicable disease as recommended by the Department of State Health Services. The immunization must be effective on the date of first entry into the facility. However, a child may be provisionally admitted if the required immunizations have begun and are completed as rapidly as medically feasible.
(c) The executive commissioner shall adopt rules for the provisional admission of children to facilities regulated under this chapter and may modify or delete any of the immunizations listed in Subsection (b) or require additional immunizations as a requirement for admission to a facility.
(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) an affidavit signed by the child's parent or guardian stating that the applicant declines immunization for reasons of conscience, including a religious belief.
(d-1) An affidavit submitted under 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.
(e) Each regulated facility shall keep an individual immunization record for each child admitted, and the records shall be open for inspection by the department at all reasonable times.
(f) The Department of State Health Services shall provide the immunizations required by this section to children in areas where there is no local provision of these services.
Acts 1979, 66th Leg., p. 2362, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1993, 73rd Leg., ch. 43, Sec. 5, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1063, Sec. 7, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 198, Sec. 2.164, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 563 (H.B. 1316), Sec. 1, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.218, eff. April 2, 2015.
Structure Texas Statutes
Title 2 - Human Services and Protective Services in General
Subtitle D - Department of Family and Protective Services; Child Welfare and Protective Services
Chapter 42 - Regulation of Certain Facilities, Homes, and Agencies That Provide Child-Care Services
Subchapter C. Regulation of Certain Facilities, Homes, and Agencies
Section 42.041. Required License
Section 42.0412. Collection of Licensed Day-Care Center Data
Section 42.042. Rules and Standards
Section 42.0421. Minimum Training Standards
Section 42.04215. Safety Training Account
Section 42.0422. Restraint and Seclusion
Section 42.0423. Children's Product Safety for Certain Nonresidential Child-Care Facilities
Section 42.0424. Child Safety Alarms in Vehicles
Section 42.0425. Assessment Services
Section 42.0426. Training of Personnel
Section 42.04261. Other Training of Personnel: Child-Placing Agencies and Day-Care Centers
Section 42.0427. Parental Visitation
Section 42.0428. Policies Addressing Sexual Abuse and Other Maltreatment of Children
Section 42.0429. Safe Sleeping Standards
Section 42.04291. Supervision Standards for Infant During Time Spent on Stomach
Section 42.043. Rules for Immunizations
Section 42.04305. Vaccine-Preventable Disease Policy Required
Section 42.0432. Health Screening Requirements for Child Placed With Child-Placing Agency
Section 42.0433. Suicide Prevention, Intervention, and Postvention Plan
Section 42.0441. Inspection Results for Certain Nonresidential Child-Care Facilities
Section 42.04411. Inspection Results and Exit Conference for Residential Child-Care Facilities
Section 42.04412. Interference With Inspection; Court Order
Section 42.0442. Coordination of Inspections; Elimination of Duplicative Inspections
Section 42.04425. Inspection Information Database
Section 42.0443. Coordination of Fire Safety and Sanitation Inspections
Section 42.04431. Enforcement of State Law by County or Municipality
Section 42.0446. Removal of Certain Investigation Information From Internet Website
Section 42.0447. False Report; Criminal Penalty
Section 42.0448. Notification of Family Violence Calls
Section 42.0449. Required Actions After Notice of Family Violence Call
Section 42.0452. Foster Parent Rights and Responsibilities Statement
Section 42.046. Application for License, Listing, or Registration
Section 42.0461. Public Notice and Hearing: Residential Child Care
Section 42.0462. Waiver of Notice and Hearing Requirements
Section 42.0463. Expansion of Capacity
Section 42.049. Liability Insurance Required
Section 42.0495. Liability Insurance Required for Listed Family Homes
Section 42.050. License Renewal
Section 42.051. Initial License
Section 42.052. Certification, Listing, and Registration
Section 42.0521. Deposit of Fees
Section 42.0522. Public Advertising of Family Homes
Section 42.0523. Listing of Relative Child-Care Providers
Section 42.053. Agency Foster Homes
Section 42.0531. Secure Agency Foster Homes
Section 42.0535. Required Information for Verification
Section 42.0536. Transfer of Agency Foster Home
Section 42.0537. Caregiver Training Requirement
Section 42.0538. Provisional License for Kinship Provider
Section 42.0551. Posting of Employee List
Section 42.056. Required Background and Criminal History Checks; Criminal Penalties
Section 42.0561. Information Relating to Family Violence Reports
Section 42.0562. Information Regarding Certain Group Day-Care Home and Family Home Employees
Section 42.058. Competitive Bidding or Advertising Rules
Section 42.0583. Identifying At-Risk Providers
Section 42.060. Carbon Monoxide Detectors
Section 42.062. Certain Employment and Service Prohibited
Section 42.063. Reporting of Incidents and Violations
Section 42.064. Information Regarding Gang-Free Zones
Section 42.065. Administering Medication
Section 42.066. Required Submission of Information Requested by Court
Section 42.067. Epinephrine Auto-Injectors; Immunity From Liability
Section 42.068. Required Posting of No Trespassing Notice; Criminal Penalty