1-1  By:  Zaffirini                                        S.B. No. 1486
    1-2        (In the Senate - Filed March 13, 1995; March 21, 1995, read
    1-3  first time and referred to Committee on Health and Human Services;
    1-4  March 29, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 8, Nays 0; March 29, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 1486               By:  Zaffirini
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the creation of an immunization tracking registry and
   1-11  to reporting requirements concerning immunizations.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Subchapter A, Chapter 161, Health and Safety
   1-14  Code, is amended by adding Sections 161.007 and 161.008 to read as
   1-15  follows:
   1-16        Sec. 161.007.  IMMUNIZATION TRACKING REGISTRY; REPORTS TO
   1-17  DEPARTMENT.  (a)  The department shall establish and maintain an
   1-18  immunization tracking registry for the state.
   1-19        (b)  The immunization tracking registry must contain
   1-20  information on the immunization history that is obtained by the
   1-21  department under this section of each person who is under 18 years
   1-22  of age.
   1-23        (c)  A health care provider who administers an immunization
   1-24  to a person under 18 years of age shall submit a report to the
   1-25  department.  The report must be in a format prescribed by the
   1-26  department, which may include submission in writing, by electronic
   1-27  means, or by voice.
   1-28        (d)  An insurance company, a health maintenance organization,
   1-29  or any other organization that pays or reimburses a claim for an
   1-30  immunization to a person under 18 years of age shall provide
   1-31  immunization information to the department.
   1-32        (e)  The board shall adopt rules to administer this section.
   1-33        (f)  Information obtained by the department for the
   1-34  immunization tracking registry is confidential and is not subject
   1-35  to disclosure under Chapter 552, Government Code, except as
   1-36  provided by Section 161.008 for the immunization record.
   1-37        Sec. 161.008.  IMMUNIZATION RECORD.  (a)  An immunization
   1-38  record is part of the immunization tracking registry.
   1-39        (b)  An immunization record must contain the:
   1-40              (1)  name of the person immunized;
   1-41              (2)  date of immunization;
   1-42              (3)  type of immunization administered; and
   1-43              (4)  name and address of the health care provider
   1-44  administering the immunization.
   1-45        (c)  The data constituting an immunization record is not
   1-46  subject to the provisions governing physician-patient
   1-47  communications in Section 5.08, Medical Practice Act (Article
   1-48  4495b, Vernon's Texas Civil Statutes), or to the confidentiality
   1-49  provisions in Section 161.007.
   1-50        (d)  The immunization record shall be accessible to the
   1-51  public in order to provide current information on the immunization
   1-52  status of a person under 18 years of age.
   1-53        SECTION 2.  This Act takes effect September 1, 1995.
   1-54        SECTION 3.  The importance of this legislation and the
   1-55  crowded condition of the calendars in both houses create an
   1-56  emergency and an imperative public necessity that the
   1-57  constitutional rule requiring bills to be read on three several
   1-58  days in each house be suspended, and this rule is hereby suspended.
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