Texas Health & Safety Code - Section 12.033. Distribution And Administration Of Certain Vaccines And Sera
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§ 12.033. DISTRIBUTION AND ADMINISTRATION OF CERTAIN
VACCINES AND SERA. (a) Except as otherwise provided by this
section, the board by rule shall charge fees for the distribution
and administration of vaccines and sera provided under:
(1) Section 38.001, Education Code;
(2) Section 42.043, Human Resources Code;
(3) Chapter 826 (Rabies Control Act of 1981);
(4) Chapter 81 (Communicable Disease Prevention and
Control Act); and
(5) Section 161.005.
(b) Except as otherwise provided by this section, the board
by rule may require a department contractor to charge fees for
public health services provided by a contractor participating in a
department program under the laws specified by Subsection (a).
(c) Provided the board finds that the monetary savings of
this subsection are greater than any costs associated with
administering it, the board by rule shall establish a fee schedule
for fees under this section. In establishing the fee schedule, the
board shall consider a person's financial ability to pay all or part
of the fee, including the availability of health insurance
coverage. In the event the fee schedule conflicts with any federal
law or regulation, the board shall seek a waiver from the applicable
federal law or regulation to permit the fee schedule. In the event
the waiver is denied, the fee schedule shall not go into effect.
(d) The commissioner may waive the fee requirement for any
type of vaccine or serum if the commissioner determines that:
(1) a public health emergency exists; and
(2) the vaccine or serum is needed to meet the
emergency.
(e) The department may not deny an immunization to an
individual required to be immunized under a law specified by
Subsection (a) because of the individual's inability to pay for the
immunization. The department shall provide the immunization at a
reduced charge or no charge according to the financial ability of
the individual or a person with a legal obligation to support the
individual to pay for the immunization. The department shall give
priority to those persons least able to pay for immunization.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1993, 73rd Leg., ch. 43, § 1, eff. Sept. 1, 1993; Acts
1997, 75th Leg., ch. 165, § 6.33, eff. Sept. 1, 1997.
Section: 12.017 12.018 12.019 12.020 12.021 12.031 12.032 12.033 12.034 12.035 12.036 12.037 12.038 12.039 12.051
Last modified: August 10, 2007
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