By: Nelson, Lucio	S.B. No. 64
	(In the Senate - Filed November 12, 2012; January 28, 2013,
	read first time and referred to Committee on Health and Human
	Services; March 4, 2013, reported adversely, with favorable
	Committee Substitute by the following vote:  Yeas 9, Nays 0;
	March 4, 2013, sent to printer.)
	COMMITTEE SUBSTITUTE FOR S.B. No. 64	By:  Nelson

	A BILL TO BE ENTITLED
	AN ACT
	relating to a policy on vaccine-preventable diseases for licensed
	child-care facilities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter C, Chapter 42, Human Resources Code,
	is amended by adding Section 42.04305 to read as follows:
	Sec. 42.04305.  VACCINE-PREVENTABLE DISEASE POLICY REQUIRED.
	(a)  In this section:
	(1)  "Facility employee" means an employee of a
	child-care facility.
	(2)  "Vaccine-preventable diseases" means the diseases
	included in the most current recommendations of the Advisory
	Committee on Immunization Practices of the Centers for Disease
	Control and Prevention.
	(b)  Each child-care facility, other than a facility that
	provides care in the home of the director, owner, operator, or
	caretaker of the facility, shall develop and implement a policy to
	protect the children in its care from vaccine-preventable diseases.
	(c)  The policy must:
	(1)  require each facility employee to receive vaccines
	for the vaccine-preventable diseases specified by the child-care
	facility based on the level of risk the employee presents to
	children by the employee's routine and direct exposure to children;
	(2)  specify the vaccines a facility employee is
	required to receive based on the level of risk the employee presents
	to children by the employee's routine and direct exposure to
	children;
	(3)  include procedures for verifying whether a
	facility employee has complied with the policy;
	(4)  include procedures for a facility employee to be
	exempt from the required vaccines for the medical conditions
	identified as contraindications or precautions by the Centers for
	Disease Control and Prevention;
	(5)  for a facility employee who is exempt from the
	required vaccines, include procedures the employee must follow to
	protect children in the facility's care from exposure to disease,
	such as the use of protective medical equipment, including gloves
	and masks, based on the level of risk the employee presents to
	children by the employee's routine and direct exposure to children;
	(6)  prohibit discrimination or retaliatory action
	against a facility employee who is exempt from the required
	vaccines for the medical conditions identified as
	contraindications or precautions by the Centers for Disease Control
	and Prevention, except that required use of protective medical
	equipment, including gloves and masks, may not be considered
	retaliatory action for purposes of this subdivision;
	(7)  require the child-care facility to maintain a
	written or electronic record of each facility employee's compliance
	with or exemption from the policy; and
	(8)  state the disciplinary actions the child-care
	facility is authorized to take against a facility employee who
	fails to comply with the policy.
	(d)  The policy may include procedures for a facility
	employee to be exempt from the required vaccines based on reasons of
	conscience, including a religious belief.
	(e)  The executive commissioner shall adopt rules necessary
	to implement this section.
	SECTION 2.  Not later than June 1, 2014, the executive
	commissioner of the Health and Human Services Commission shall
	adopt the rules necessary to implement Section 42.04305, Human
	Resources Code, as added by this Act.
	SECTION 3.  Notwithstanding Section 42.04305, Human
	Resources Code, as added by this Act, a child-care facility subject
	to that section is not required to have a policy on
	vaccine-preventable diseases in effect until September 1, 2014.
	SECTION 4.  This Act takes effect September 1, 2013.
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