Sec. 12.033. DISTRIBUTION AND ADMINISTRATION OF CERTAIN VACCINES AND SERA. (a) Except as otherwise provided by this section, the executive commissioner by rule shall adopt fees to be collected by the department 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 executive commissioner by rule may require a department contractor to collect fees for public health services provided by a contractor participating in a department program under the laws specified by Subsection (a). (c) Provided the executive commissioner finds that the monetary savings of this subsection are greater than any costs associated with administering it, the executive commissioner by rule shall establish a fee schedule for fees under this section. In establishing the fee schedule, the executive commissioner 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 executive commissioner 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.
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