(Texas Scorecard) – Texas senators are considering a measure that would require healthcare providers to report the adverse side effects of vaccinations and other drugs.
Senate Bill 269 by State Sen. Charles Perry (R-Lubbock) was brought before the Senate Committee on Health and Human Services alongside other vaccine freedom measures.
The measure would require Texas physicians to report patients’ serious adverse effects from experimental or investigational vaccines to the federal Vaccine Adverse Event Reporting System.
It would also require Texas physicians to report patients’ serious adverse effects from experimental or investigational drugs to the federal MedWatch program.
Both VAERS and MedWatch are run by the United States Food and Drug Administration.
“This is just to say we have an existing system, it’s federally regulated, sponsored, and maintained,” said Perry, vice chairman of the committee.
“You, as a Texas physician, will report adverse effects to vaccines within one year of that reaction. If you don’t, you’re subject to non-disciplinary actions by the [Texas Medical] Board the first time, and then from there … it moves on into other” actions, he added.
State Sen. Lois Kolkhorst (R-Brenham) mentioned that she’s had discussions with State Sen. Bob Hall (R-Edgewood) about creating a potential statewide vaccine reporting system.
“I appreciate your conservative approach to this, but I will never rule out creating the state’s own VAERS system if we’re not going to be able to ascertain the injuries that have been created over the years,” said Kolkhorst.
Perry said he didn’t disagree that “current federal reporting and searchability and what is allowed to be put under certain labels is not perfect.”
However, he said he has hope that the federal government might have learned its lesson after the COVID-19 pandemic caused complaints from concerned citizens over the reliability of the database.
“If it’s not, we’ll go with the state route,” assured Perry.
Perry and Hall also noted that the measure only covers “experimental or investigatory” vaccines, like the mRNA drugs approved during COVID. Other vaccines, like those for measles or polio, are not affected.
Jackie Schlegel, executive director of Texans for Medical Freedom, testified in favor of the measure, noting its particular importance after citizens began reporting multiple health issues stemming from the COVID-19 vaccine.
Nurse practitioner Christina Kern from Hockley also testified in favor of Perry’s measure.
SB 407, filed by State Sen. Mayes Middleton (R-Galveston), was also considered by senators this week.
The measure would prohibit healthcare facilities from denying employees’ decisions to forego vaccines for reasons of conscience.
“Reasons of conscience” refers to an individual’s sincerely held beliefs, including religious beliefs. In cases where a child’s vaccination is involved, it can refer to a parent’s or guardian’s sincerely held beliefs.
While Texas’ current Health and Safety Code already stipulates that healthcare facilities “may” exempt employees from certain vaccines based on reasons of conscience, Middleton would change the language to “shall.”
Middleton’s measure would also explicitly prohibit a healthcare facility from rejecting an exemption based on reasons of conscience for any reason.
Lusardi, associate general counsel for the Texas Hospital Association, testified against the measure. She cited the rapid spread of measles across Texas and the “ripple effect” of logistical issues that could affect hospitals.
“If hospitals are forced to grant every exception request without discretion, we will see a decline in vaccination rates among our staff,” said Lusardi. “This opens the door to more outbreaks, higher rates of illness, and greater risk to our medically fragile patients.”
Texans for Vaccine Choice Political Director Michelle Evans said her group supported SB 407, noting a story of a hospital employee who was denied a vaccine exemption despite never interacting with patients.
The employee, who contacted TFVC, was told “she had to submit to a shot,” despite filing a religious exemption.
“This is not only an infringement on religious freedom, but an egregious violation of true informed consent,” said Evans.
Senators also considered SB 2119, filed by State Sen. Kevin Sparks (R-Midland), which would create immunization exemptions for individuals seeking to enroll or participate in a medical school or veterinary school if they submit a form citing reasons of conscience.
All three measures were left pending in committee.