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. 1-59 * * * * *