HB943 - Relating to informed consent before the provision of certain medical treatments involving COVID-19 vaccination.

  89R1127 JG-D     By: Cain H.B. No. 943       A BILL TO BE ENTITLED   AN ACT   relating to informed consent before the provision of certain   medical treatments involving COVID-19 vaccination.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act shall be known as the Texas COVID-19   Vaccine Freedom Act.          SECTION 2.  The legislature finds that:                (1)  this state is responsible for ensuring that   individuals lawfully residing in this state have the right to   provide or withhold consent for any medical treatment;                (2)  the decision in Canterbury v. Spence , 464 F.2d 772   (D.C. Cir. 1972), establishing the concept of informed consent, has   become a bedrock principle of the laws of this country and of each   state;                (3)  the American Medical Association's Code of Medical   Ethics Opinion 2.1.1 recognizes an individual's right to be fully   informed of a recommended medical treatment to allow the individual   to make an informed decision regarding the individual's course of   treatment, including whether to obtain or decline a particular   medical treatment;                (4)  under 42 C.F.R. Section 482.13, a hospital is   required as a condition of participation in Medicare to have in   place a process for obtaining a patient's informed consent before   providing treatment to the patient and to ensure "[t]he patient or   his or her representative (as allowed under State law) has the right   to make informed decisions regarding his or her care";                (5)  the United States Supreme Court upheld mandatory   vaccination policies imposed by state and local governments to   combat smallpox in Jacobson v. Massachusetts , 197 U.S. 11 (1905),   and acknowledged in PruneYard Shopping Center v. Robins , 447 U.S.   74, 81 (1980), that a state may provide "individual liberties more   expansive than those conferred by the Federal Constitution";                (6)  persons inside and outside this state have sought   or are seeking to compel or coerce individuals lawfully residing in   this state into being vaccinated against COVID-19 contrary to the   individuals' preferences;                (7)  any attempt to compel or coerce an individual   lawfully residing in this state into being vaccinated against   COVID-19 contrary to the individual's preference is inconsistent   with the principles of informed consent; and                (8)  Section 161.0086, Health and Safety Code, as added   by this Act, prohibits any person from compelling or coercing an   individual lawfully residing in this state into obtaining medical   treatments involving the administration of a COVID-19 vaccine.          SECTION 3.  Subchapter A, Chapter 161, Health and Safety   Code, is amended by adding Section 161.0086 to read as follows:           Sec.   161.0086.     INFORMED CONSENT REQUIRED FOR MEDICAL   TREATMENTS INVOLVING COVID-19 VACCINATION. (a) In this section:                 (1)     "COVID-19" means the 2019 novel coronavirus   disease.                 (2)     "Health care provider"   means an individual   licensed or otherwise authorized by this state to administer   vaccines.           (b)     A person may not compel or coerce an individual lawfully   residing in this state into obtaining a medical treatment involving   the administration of a COVID-19 vaccine, including a COVID-19   vaccine approved or authorized by the United States Food and Drug   Administration, contrary to the individual's vaccination   preference.           (c)     A health care provider may not provide to an individual   lawfully residing in this state a medical treatment involving the   administration of a COVID-19 vaccine, including a COVID-19 vaccine   approved or authorized by the United States Food and Drug   Administration, unless the provider obtains the individual's   informed consent before administering the COVID-19 vaccine.           (d)     For purposes of this section, an individual lacks the   capacity to provide informed consent for a medical treatment   involving the administration of a COVID-19 vaccine if the   individual has been compelled or coerced into being vaccinated   against COVID-19 contrary to the individual's vaccination   preference.           (e)     A person may not take an adverse action or impose a   penalty of any kind against an individual lawfully residing in this   state for the individual's refusal or failure to obtain a medical   treatment involving the administration of a COVID-19 vaccine.           (f)     The attorney general may bring an action for injunctive   relief against a person to prevent the person from violating this   section. In an injunction issued under this subsection, a court may   include reasonable requirements to prevent further violations of   this section.             (g)     A health care provider who violates Subsection (c) is   liable to the individual who is the subject of the violation for   damages in an amount of not less than $5,000.   In an action brought   under this subsection, a claimant may recover reasonable expenses   incurred in bringing the action, including court costs, reasonable   attorney's fees, investigation costs, witness fees, and deposition   expenses.          SECTION 4.  Section 161.0086, Health and Safety Code, as   added by this Act, applies only to conduct that occurs on or after   the effective date of this Act.          SECTION 5.  If any provision of this Act or its application   to any person or circumstance is held invalid, the invalidity does   not affect other provisions or applications of this Act that can be   given effect without the invalid provision or application, and to   this end the provisions of this Act are declared severable.          SECTION 6.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.