| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the release or disclosure of vaccination or |
|
|
immunization information to certain persons; providing a civil |
|
|
penalty. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter A, Chapter 161, Health and Safety |
|
|
Code, is amended by adding Section 161.0093 to read as follows: |
|
|
Sec. 161.0093. RELEASE OR DISCLOSURE OF VACCINATION OR |
|
|
IMMUNIZATION INFORMATION TO CERTAIN PERSONS PROHIBITED; CIVIL |
|
|
PENALTY. (a) In this section, "health authority" has the meaning |
|
|
assigned by Section 81.003. |
|
|
(b) An employee or agent of the department or a health |
|
|
authority may not release or otherwise disclose to any person an |
|
|
individual's vaccination or immunization information received by |
|
|
the department or health authority unless: |
|
|
(1) the department or health authority, as applicable, |
|
|
obtains the written or electronic consent of the individual or the |
|
|
individual's legally authorized representative; |
|
|
(2) the employee or agent releases or discloses the |
|
|
information to a health care provider in accordance with applicable |
|
|
state and federal laws relating to the privacy, protection, |
|
|
confidentiality, and transmission of health information; or |
|
|
(3) the release or disclosure is otherwise authorized by |
|
|
this subchapter. |
|
|
(c) An individual who releases or discloses vaccination or |
|
|
immunization information in violation of Subsection (b) is liable |
|
|
to this state for a civil penalty in an amount not less than $2,000 |
|
|
and not to exceed $50,000 for each violation. The attorney general |
|
|
may bring an action to collect the civil penalty imposed under this |
|
|
subsection. |
|
|
SECTION 2. Sections 161.007(a) and (j), Health and Safety |
|
|
Code, are amended to read as follows: |
|
|
(a) The department, for the primary purpose of establishing |
|
|
and maintaining a single repository of accurate, complete, and |
|
|
current immunization records to be used in aiding, coordinating, |
|
|
and promoting efficient and cost-effective communicable disease |
|
|
prevention and control efforts, shall establish and maintain an |
|
|
immunization registry. The executive commissioner by rule shall |
|
|
develop guidelines to: |
|
|
(1) protect the confidentiality of patients in accordance |
|
|
with Section 159.002, Occupations Code; |
|
|
(2) inform the individual or the individual's legally |
|
|
authorized representative about the registry [and that registry |
|
|
information may be released under Section 161.00735]; |
|
|
(3) require the written or electronic consent of the |
|
|
individual or the individual's legally authorized representative |
|
|
before any information relating to the individual is included in |
|
|
the registry; |
|
|
(4) permit the individual or the individual's legally |
|
|
authorized representative to withdraw consent for the individual to |
|
|
be included in the registry; and |
|
|
(5) determine the process by which consent is verified, |
|
|
including affirmation by a health care provider, birth registrar, |
|
|
regional health information exchange, or local immunization |
|
|
registry that consent has been obtained. |
|
|
(j) Except as provided by Sections 161.00705, 161.00706, |
|
|
[161.00735(b),] and 161.008, information obtained by the |
|
|
department for the immunization registry is confidential and may be |
|
|
disclosed only with the written or electronic consent of the |
|
|
individual or the individual's legally authorized representative. |
|
|
SECTION 3. Section 161.00705(g), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(g) The immunization information of a child or other |
|
|
individual received by the department under this section, including |
|
|
individually identifiable information, may be released only: |
|
|
(1) on consent of the individual or, if a child, the child's |
|
|
parent, managing conservator, or guardian; or |
|
|
(2) to a [state agency or] health care provider consistent |
|
|
with the purposes of this subchapter or the purposes of aiding or |
|
|
coordinating communicable disease prevention and control efforts |
|
|
during a declared disaster, public health emergency, terrorist |
|
|
attack, hostile military or paramilitary action, or extraordinary |
|
|
law enforcement emergency. |
|
|
SECTION 4. Sections 161.00706(c) and (d), Health and Safety |
|
|
Code, are amended to read as follows: |
|
|
(c) The executive commissioner shall: |
|
|
(1) develop rules to ensure that immunization history |
|
|
submitted under Subsection (a)(2) is medically verified |
|
|
immunization information; |
|
|
(2) develop guidelines for use by the department in |
|
|
informing first responders about the registry [and that registry |
|
|
information may be released under Section 161.00735]; and |
|
|
(3) adopt rules necessary for the implementation of this |
|
|
section. |
|
|
(d) A [Except as provided by Section 161.00735, a] person's |
|
|
immunization history or data received by the department under this |
|
|
section may be released only on consent of the person or to any |
|
|
health care provider licensed or otherwise authorized to administer |
|
|
vaccines. |
|
|
SECTION 5. Section 161.0071(a), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(a) The first time the department receives registry data for |
|
|
an individual for whom the department has received consent to be |
|
|
included in the registry, the department shall send notice to the |
|
|
individual or the individual's legally authorized representative |
|
|
disclosing: |
|
|
(1) that providers and payors may be sending the |
|
|
individual's immunization information to the department; |
|
|
(2) the information that is included in the registry; |
|
|
(3) the persons to whom the information may be released |
|
|
under Section [Sections 161.00735(b) and] 161.008(d); |
|
|
(4) the purpose and use of the registry; |
|
|
(5) the procedure to exclude an individual from the |
|
|
registry; and |
|
|
(6) the procedure to report a violation if an individual's |
|
|
information is included in the registry after exclusion has been |
|
|
requested or consent has been withdrawn. |
|
|
SECTION 6. Section 161.0073(a), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(a) Except as provided by Section [Sections] 161.00705 [and |
|
|
161.00735], information that individually identifies an individual |
|
|
that is received by the department for the immunization registry is |
|
|
confidential and may be used by the department for registry |
|
|
purposes only. |
|
|
SECTION 7. The heading to Section 161.00735, Health and |
|
|
Safety Code, is amended to read as follows: |
|
|
Sec. 161.00735. [RELEASE AND] RECEIPT OF REGISTRY DATA IN |
|
|
DISASTER. |
|
|
SECTION 8. Section 161.00735(h), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(h) The executive commissioner shall make every effort to |
|
|
enter into a memorandum of agreement with each state from [to] which |
|
|
residents of that [this] state are likely to evacuate to this state |
|
|
in a disaster on[: |
|
|
[(1) the release and use of registry information under this |
|
|
section to the appropriate health authority or local health |
|
|
authority of that state, including the length of time the |
|
|
information may be retained by that state; and |
|
|
[(2)] the receipt and use of information submitted by the |
|
|
health authority or local health authority of that state for |
|
|
inclusion in the registry under this section. |
|
|
SECTION 9. Section 161.0075, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 161.0075. IMMUNITY FROM LIABILITY. Except as provided |
|
|
by Sections [Section] 161.009 and 161.0093, the following persons |
|
|
subject to this subchapter that act in compliance with Sections |
|
|
161.007, 161.00705, 161.00706, 161.0071, 161.0073, 161.0074, and |
|
|
161.008 are not civilly or criminally liable for furnishing the |
|
|
information required under this subchapter: |
|
|
(1) a payor; |
|
|
(2) a health care provider who administers immunizations; |
|
|
and |
|
|
(3) an employee of the department. |
|
|
SECTION 10. Section 161.008(d), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(d) The department may release the data constituting an |
|
|
immunization record for the individual to: |
|
|
(1) a health care provider treating the individual or an |
|
|
organization to which the individual is a member [any entity that is |
|
|
described by Subsection (c)]; or |
|
|
(2) [a school or child care facility in which the individual |
|
|
is enrolled; |
|
|
[(3) a state agency having legal custody of the individual; |
|
|
or |
|
|
[(4)] an employer of a first responder or a first responder |
|
|
in accordance with Section 161.00708. |
|
|
SECTION 11. Section 161.00735(b), Health and Safety Code, |
|
|
is repealed. |
|
|
SECTION 12. The changes in law made by this Act apply only |
|
|
to the release or disclosure of information on or after the |
|
|
effective date of this Act. The release or disclosure of |
|
|
information before the effective date of this Act is governed by the |
|
|
law in effect when the release or disclosure was made, and the |
|
|
former law is continued in effect for that purpose. |
|
|
SECTION 13. This Act takes effect December 1, 2021. |