Texas Family Code - Section 32.101. Who May Consent To Immunization Of Child
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§ 32.101. WHO MAY CONSENT TO IMMUNIZATION OF CHILD. (a)
In addition to persons authorized to consent to immunization under
Chapter 151 and Chapter 153, the following persons may consent to
the immunization of a child:
(1) a guardian of the child; and
(2) a person authorized under the law of another state
or a court order to consent for the child.
(b) If the persons listed in Subsection (a) are not
available and the authority to consent is not denied under
Subsection (c), consent to the immunization of a child may be given
by:
(1) a grandparent of the child;
(2) an adult brother or sister of the child;
(3) an adult aunt or uncle of the child;
(4) a stepparent of the child;
(5) an educational institution in which the child is
enrolled that has written authorization to consent for the child
from a parent, managing conservator, guardian, or other person who
under the law of another state or a court order may consent for the
child;
(6) another adult who has actual care, control, and
possession of the child and has written authorization to consent
for the child from a parent, managing conservator, guardian, or
other person who, under the law of another state or a court order,
may consent for the child;
(7) a court having jurisdiction of a suit affecting
the parent-child relationship of which the minor is the subject;
(8) an adult having actual care, control, and
possession of the child under an order of a juvenile court or by
commitment by a juvenile court to the care of an agency of the state
or county; or
(9) an adult having actual care, control, and
possession of the child as the child's primary caregiver.
(c) A person otherwise authorized to consent under
Subsection (a) may not consent for the child if the person has
actual knowledge that a parent, managing conservator, guardian of
the child, or other person who under the law of another state or a
court order may consent for the child:
(1) has expressly refused to give consent to the
immunization;
(2) has been told not to consent for the child; or
(3) has withdrawn a prior written authorization for
the person to consent.
(d) The Texas Youth Commission may consent to the
immunization of a child committed to it if a parent, managing
conservator, or guardian of the minor or other person who, under the
law of another state or court order, may consent for the minor has
been contacted and:
(1) refuses to consent; and
(2) does not expressly deny to the Texas Youth
Commission the authority to consent for the child.
(e) A person who consents under this section shall provide
the health care provider with sufficient and accurate health
history and other information about the minor for whom the consent
is given and, if necessary, sufficient and accurate health history
and information about the minor's family to enable the person who
may consent to the minor's immunization and the health care
provider to determine adequately the risks and benefits inherent in
the proposed immunization and to determine whether immunization is
advisable.
(f) Consent to immunization must meet the requirements of
Section 32.002(a).
Amended by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20,
1995; Acts 1997, 75th Leg., ch. 165, § 7.09(a), eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 62, § 6.02, eff. Sept. 1, 1999.
Section: 31.006 31.007 32.001 32.002 32.003 32.004 32.005 32.101 32.102 32.103 32.201 32.202 33.001 33.002 33.003
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Last modified: August 10, 2007
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