BILL ANALYSIS



S.B. 1486
By: Zaffirini (Berlanga)
May 2, 1995
Committee Report (Unamended)


BACKGROUND

Current law does not require health care organizations to share
information about immunizations,  which can make determining
whether a child has received required shots difficult.

PURPOSE

S.B. 1486, would require the Texas Department of Health (TDH) to
establish and maintain an immunization tracking registry containing
information on the immunization history of everyone in Texas under
18 years old.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill grants rulemaking
authority to the Texas Board of Health under SECTION 1 (Section
161.007(e), Health and Safety Code).

SECTION BY SECTION ANALYSIS

SECTION 1. Adds Sections 161.007 and 161.008 to Chapter 161A,
Health and Safety Code, as follows:

     Sec. 161.007.  IMMUNIZATION TRACKING REGISTRY; REPORTS TO
     DEPARTMENT.  (a) Requires the TDH to establish and maintain an
     immunization tracking registry (registry) for the state.
     
     (b) Requires the registry to contain information on the
       immunization history that is obtained by the TDH under this
       section of each person who is under 18 years of age.
     (c) Requires a health care provider who administers an
       immunization to a person under 18 years of age to submit a
       report to the TDH. Requires the report to be in a format
       prescribed by the TDH, and allows the report to be submitted
       in writing, by electronic means, or by voice.
       
       (d) Requires an insurance company, health maintenance
       organization, and any other organization that pays or
       reimburses a claim for an immunization to a person under 18
       years of age to provide immunization information to the TDH.
       
       (e) Requires the Texas Board of Health to adopt rules to
       administer this section.
       
       (f) States that information obtained for the registry is
       confidential, with an exception.
       
       Sec. 161.008.  IMMUNIZATION RECORD.  (a) States that an
     immunization record is part of the registry.
     
     (b) Requires an immunization record to contain specified
       information.
       
     (c) States that the data constituting an immunization record
       are not subject to the provisions governing physician-patient communications in Section 5.08, Medical Practice Act
       (Article 4495b, Vernon's Texas Civil Statutes) or the
       confidentiality provisions in Section 161.007.
       
       (d) Requires an immunization record to be accessible to the
       public in order to provide current information on the
       immunization status of a person under 18 years of age.
       
       SECTION 2.   Effective date: September 1, 1995.

SECTION 3. Emergency clause.

SUMMARY OF COMMITTEE ACTION

S.B. 1486 was considered by the Public Health Committee in a public
hearing on May 2, 1995.
The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed and be sent to the
Committee on Local and Consent Calendars, by a record vote of 6
AYES, 0 NAYS, 0 PNV, and 3 ABSENT.