Tex. Health & Safety Code Section 161.001
Liability of Person Who Orders or Administers Immunization

(a)

A person who administers or authorizes the administration of a vaccine or immunizing agent is not liable for an injury caused by the vaccine or immunizing agent if the immunization is required by department rule or is otherwise required by law or other rules.

(b)

A person who administers or authorizes the administration of a vaccine or immunizing agent is not liable or responsible for the failure to immunize a child because of the failure or refusal of a parent, managing conservator, or guardian to consent to the vaccination or immunization required under this chapter. Consent to the vaccination or immunization must be given in the manner authorized by Chapter 32 (Consent to Treatment of Child by Non-parent or Child), Family Code.

(c)

A person who fails to comply with Section 161.004 (Statewide Immunization of Children) is not liable or responsible for that failure, and that failure does not create a cause of action.

(d)

This section does not apply to a negligent act in administering the vaccine or immunizing agent.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 43, Sec. 2, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 165, Sec. 7.40, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0454, eff. April 2, 2015.

Source: Section 161.001 — Liability of Person Who Orders or Administers Immunization, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­161.­htm#161.­001 (accessed Feb. 26, 2025).

161.0001
Definitions 161.001
Liability of Person Who Orders or Administers Immunization 161.002
Inadmissibility of Immunization Survey Information 161.003
Immunization Reminder Notices 161.004
Statewide Immunization of Children 161.005
Immunizations Required 161.006
Department Immunization Service 161.007
Immunization Registry 161.008
Immunization Record 161.009
Penalties for Disclosure of Information 161.010
Immunization Education 161.011
Permission Required 161.012
Criminal Penalties 161.021
Authorization to Provide Information 161.022
Use and Publication Restrictions 161.023
No Liability for Reports to Medical Committee 161.024
Application to Health Maintenance Organization 161.031
Medical Committee Defined 161.032
Records and Proceedings Confidential 161.033
Immunity for Committee Members 161.0041
Immunization Exemption Affidavit Form 161.041
Mandatory Reporting of Gunshot Wounds 161.042
Mandatory Reporting of Controlled Substance Overdoses 161.043
Criminal Penalty 161.044
Controlled Substance Overdose Information Repository 161.045
Mandatory Reporting of Controlled Substance Overdoses for Public Safety Mapping 161.0051
Required Immunizations for Nursing Homes 161.0052
Immunization of Elderly Persons by Hospitals, End Stage Renal Disease Facilities, and Physicians’ Offices 161.061
Laboratory Information Required 161.062
Grounds for License Denial 161.071
Minimum Guidelines for Human Donor Milk Banks 161.0071
Notice of Receipt of Registry Data 161.0072
Providing Immunization Information to Department 161.0073
Registry Confidentiality 161.0074
Report to Legislature 161.0075
Immunity from Liability 161.0076
Compliance with Federal Law 161.081
Definitions 161.084
Warning Notice 161.085
Notification of Employees and Agents 161.086
Vendor Assisted Sales Required 161.087
Distribution of Cigarettes, E-cigarettes, or Tobacco Products 161.088
Enforcement 161.089
Preemption of Local Law 161.090
Reports of Violation 161.0095
Education Programs and Information 161.101
Tests for Exposure to Lead 161.0101
Increase Immunization Awareness 161.0102
Vaccines for Children Program 161.0104
Disaster Preparation 161.0105
Limitation on Liability 161.0106
Respiratory Syncytial Virus 161.0107
Electronic Medical Records Systems 161.0108
Injunction 161.0109
Human Papillomavirus 161.121
Definitions 161.122
Prohibition Relating to Certain Signs 161.123
Advertising Fee 161.125
Administrative Penalty 161.131
Definitions 161.132
Reports of Abuse and Neglect or of Illegal, Unprofessional, or Unethical Conduct 161.133
Inservice Training 161.134
Retaliation Against Employees Prohibited 161.135
Retaliation Against Nonemployees Prohibited 161.136
Brochure Relating to Sexual Exploitation 161.137
Penalties 161.201
Definition 161.202
Fees 161.203
Distribution of Records 161.204
Application of Other Law 161.0211
Epidemiologic or Toxicologic Investigations 161.0212
Right of Entry 161.0213
Confidentiality 161.251
Definitions 161.252
Possession, Purchase, Consumption, or Receipt of Cigarettes, E-cigarettes, or Tobacco Products by Minors Prohibited 161.253
E-cigarette and Tobacco Awareness Program 161.255
Expungement of Conviction 161.256
Jurisdiction of Courts 161.257
Application of Other Law 161.301
Tobacco and E-cigarette Use Public Awareness Campaign 161.302
Grant Program for Youth Groups 161.0315
Authority of Governing Body to Form Committee to Evaluate Medical and Health Care Services 161.351
Definitions 161.352
Report to Department 161.354
Public Information 161.355
Injunction 161.356
Compliance with Federal Law 161.401
Definitions 161.402
Material Safety Data Sheet Required 161.403
Injunction 161.404
Civil Penalty 161.405
Recovery of Costs 161.406
Administrative Penalty 161.407
Remedies Cumulative 161.451
Definitions 161.452
Requirements for Delivery Sales 161.453
Age Verification Requirement 161.454
Disclosure Requirements 161.456
Registration and Reporting Requirements 161.457
Collection of Taxes 161.458
General Offenses 161.459
Knowing Violation 161.460
Civil Penalty for Nonpayment of Tax 161.461
Forfeiture 161.462
Enforcement 161.471
Definitions 161.472
Formation of Kidney Sharing Pool and Distribution to Longest Waiting Patients 161.473
Discrimination on Basis of Disability Prohibited 161.501
Resource Pamphlet and Resource Guide Provided to Parents of Newborn Children 161.502
Duties of Department, Executive Commissioner, and Commission 161.503
Liability Not Created 161.551
Definitions 161.552
Directory of Services 161.601
Purpose 161.602
Definitions 161.603
Fee Imposed 161.604
Rate of Fee 161.605
Distributor’s Report and Payment of Monthly Fee 161.606
Report to Attorney General Before Offering Non-settling Manufacturer Cigarettes or Cigarette Tobacco Products for Sale or Distribution in This State 161.607
Penalties for Noncompliance 161.608
Appointment of Agent for Service of Process 161.609
Audit or Inspection 161.610
Comptroller Information Sharing 161.611
Revenue Deposited in General Revenue Fund 161.612
Released Claims 161.613
Application of Subchapter 161.614
Rules 161.651
Definitions 161.652
Information Regarding down Syndrome 161.653
Duty of Health Care Provider 161.681
Notice for Children Receiving Chemotherapy or Radiation 161.701
Definitions 161.702
Prohibited Provision of Gender Transitioning or Gender Reassignment Procedures and Treatments to Certain Children 161.703
Exceptions 161.704
Prohibited Use of Public Money 161.00705
Recording Administration of Immunization and Medication for Disasters and Emergencies 161.705
Prohibited State Health Plan Reimbursement 161.706
Attorney General Enforcement 161.00706
First Responder Immunization Information 161.00707
Information and Education for First Responders 161.00708
Access to First Responder Immunization History 161.00735
Release and Receipt of Registry Data in Disaster 161.0815
Nonapplicability 161.0825
Use of Certain Electronically Readable Information 161.0875
Sale of E-cigarette Nicotine Containers 161.0876
Prohibited E-cigarette Products 161.0901
Disciplinary Action Against Cigarette, E-cigarette, and Tobacco Product Retailers 161.0902
E-cigarette Report 161.0903
Use of Certain Revenue 161.01035
Provider Choice System
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Accessed:
Feb. 26, 2025

§ 161.001’s source at texas​.gov