By:  Zaffirini                                        S.B. No. 1486
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the creation of an immunization tracking registry and
    1-2  to reporting requirements concerning immunizations.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subchapter A, Chapter 161, Health and Safety
    1-5  Code, is amended by adding Sections 161.007 and 161.008 to read as
    1-6  follows:
    1-7        Sec. 161.007.  IMMUNIZATION TRACKING REGISTRY; REPORTS TO
    1-8  DEPARTMENT.  (a)  The department shall establish and maintain an
    1-9  immunization tracking registry for the state.
   1-10        (b)  The immunization tracking registry must contain
   1-11  information on the immunization history that is obtained by the
   1-12  department under this section of each person who is under 18 years
   1-13  of age.
   1-14        (c)  A health care provider who administers an immunization
   1-15  to a person under 18 years of age shall submit a report to the
   1-16  department.  The report must be in a format prescribed by the
   1-17  department, which may include submission in writing, by electronic
   1-18  means, or by voice.
   1-19        (d)  An insurance company, a health maintenance organization,
   1-20  or any other organization that pays or reimburses a claim for an
   1-21  immunization to a person under 18 years of age shall provide
   1-22  immunization information to the department.
   1-23        (e)  The board shall adopt rules to administer this section.
    2-1        (f)  Information obtained by the department for the
    2-2  immunization tracking registry is confidential and is not subject
    2-3  to disclosure under Chapter 552, Government Code, except as
    2-4  provided by Section 161.008 for the immunization record.
    2-5        Sec. 161.008.  IMMUNIZATION RECORD.  (a)  An immunization
    2-6  record is part of the immunization tracking registry.
    2-7        (b)  An immunization record must contain the:
    2-8              (1)  name of the person immunized;
    2-9              (2)  date of immunization;
   2-10              (3)  type of immunization administered; and
   2-11              (4)  name and address of the health care provider
   2-12  administering the immunization.
   2-13        (c)  The data constituting an immunization record is not
   2-14  subject to the provisions governing physician-patient
   2-15  communications in Section 5.08, Medical Practice Act (Article
   2-16  4495b, Vernon's Texas Civil Statutes), or to the confidentiality
   2-17  provisions in Section 161.007.
   2-18        (d)  The immunization record shall be accessible to the
   2-19  public in order to provide current information on the immunization
   2-20  status of a person under 18 years of age.
   2-21        SECTION 2.  This Act takes effect September 1, 1995.
   2-22        SECTION 3.  The importance of this legislation and the
   2-23  crowded condition of the calendars in both houses create an
   2-24  emergency and an imperative public necessity that the
   2-25  constitutional rule requiring bills to be read on three several
    3-1  days in each house be suspended, and this rule is hereby suspended.