Amendments	Fiscal Memos
HA0397	Amendment 1-0 to HB1380

	Amendments	Fiscal Memos
SA0269	Amendment 1-1 to SB1111

NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

Fiscal Summary

Increase State Revenue – $60,000/FY23-24/Strategic Technology Solutions Increase State Expenditures - $60,000/FY23-24/Department of Health

Bill Summary

PROHIBITED CONDUCT

This bill prohibits a healthcare provider from providing a vaccination to a minor unless the healthcare provider first receives written informed consent from a parent or legal guardian of the minor. This bill requires the healthcare provider to document receipt of, and include in the minor's medical record proof of, such consent.

This bill prohibits an employee or agent of this state from providing, requesting, or facilitating the vaccination of a minor who is in the custody of this state, unless:

(1) A parent or legal guardian of the minor has provided prior written, informed consent to the vaccination; or

(2) The parental rights of each of the minor's parents or legal guardians have been terminated by a court, and all opportunities for appeal have been exhausted.

A violation of this bill is an unlawful practice and is grounds for the offending healthcare provider's licensing authority to suspend, revoke, or refuse to renew the healthcare provider's license or take other disciplinary action allowed by law. Pursuant to this bill, if the licensing authority receives information of a violation or potential violation of this bill, then the licensing authority is required to conduct an immediate investigation and take appropriate disciplinary action.

COVID-19 VACCINATIONS

Present law prohibits a healthcare provider from providing a patient who is a minor with a COVID-19 vaccine without first obtaining written consent from the minor patient's parent or legal guardian. This bill deletes an exception to this provision that applies common law to the minor's capacity to consent to receiving a COVID-19 vaccine, if a healthcare provider, in the provider's independent professional judgment, suspects that the minor may be subjected to abuse by a parent or legal guardian, or may be a dependent and neglected child.

REGISTRY DATABASE

This bill requires the department of health to establish a registry database for the reporting of vaccinations of minors by healthcare providers in this state, and requires healthcare providers to report each vaccination of a minor to the registry. This bill provides that the registry is subject to audit by the comptroller. This bill also provides that identifiable patient information in the database is confidential and not subject to disclosure by a court order or subpoena, or in response to a public records request.

REPORT

This bill requires the department of health to publish a report, updated no less than annually, on its public website containing deidentified, aggregated statistical data on vaccinations of minors in this state.

RULEMAKING

This bill authorizes each board, commission, committee, agency, or other governmental entity created pursuant to laws governing professions of the healing arts or laws governing health, safety, and environmental protection that has regulatory authority for a healthcare provider, to promulgate rules to effectuate this bill.

EXEMPTIONS

The provisions described in the prohibited conduct section and the registry database section of this summary do not apply to a minor who has been emancipated; is or was previously a member of the United States armed forces or a reserve or national guard unit; or is the parent of a minor child and has full custody of that minor child.

ON APRIL 10, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1111, AS AMENDED.

AMENDMENT #1 makes the following changes to this bill:

(1) Revises the definition of "vaccination" to mean the act of introducing a vaccine into the body;

(2) Revises the definition of "vaccine" to mean a substance intended for use in humans to stimulate the body's immune response against an infectious disease or pathogen;

(3) Authorizes an employee or agent of this state to provide, request, or facilitate the vaccination of a minor child who is in the custody of this state, upon written request to, and court order from, the appropriate court;

(4) Removes the provisions of this bill relative to the registry database for the reporting of vaccinations of minors;

(5) Prohibits a healthcare provider from providing a patient who is a minor with a COVID-19 vaccine without first obtaining written consent from the minor patient's parent or legal guardian; and

(6) Authorizes the department of health to promulgate rules to effectuate this bill.

ON APRIL 19, 2023, THE HOUSE SUBSTITUTED SENATE BILL 1111 FOR HOUSE BILL 1380, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 1111, AS AMENDED.

AMENDMENT #1 adds a statement of legislative findings and removes the requirement that the informed consent provided by a parent or legal guardian for a child's vaccination must be written (except for administration of a COVID-19 vaccine, in which case written consent is still required).