Texas Health and Safety Code
§ 81D.0035 — ADVERSE ACTION EXCEPTION FOR CERTAIN HEALTH CARE FACILITIES, HEALTH CARE PROVIDERS, AND PHYSICIANS
HS § 81D.0035Title 2. HEALTH · Part D. PREVENTION, CONTROL, AND REPORTS OF DISEASES; PUBLIC HEALTH DISASTERS AND EMERGENCIES · Ch. 81D. PROHIBITED CORONAVIRUS VACCINE MANDATES BY PRIVATE EMPLOYER
Statute text
View on source(a)In this section:
(1)"Health care facility" means a facility that is a provider of services, as defined by Section 1861, Social Security Act (42 U.S.C. Section 1395x).
(2)"Health care provider" and "physician" have the meanings assigned by Section 74.001, Civil Practice and Remedies Code.
(b)A health care facility, health care provider, or physician may establish and enforce a reasonable policy that includes requiring the use of protective medical equipment by an individual who is an employee or contractor of the facility, provider, or physician and who is not vaccinated against COVID-19 based on the level of risk the individual presents to patients from the individual's routine and direct exposure to patients.
(c)Establishing or enforcing a policy described by Subsection (b) is not considered an adverse action under this chapter.
Legislative history
Added by Acts 2023, 88th Leg., 3rd C.S., Ch. 1 (S.B. 7), Sec. 1, eff. February 6, 2024.