Texas Health and Safety Code 161.004 – Statewide Immunization of Children
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(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.
Terms Used In Texas Health and Safety Code 161.004
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
(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.