SRC-SLL H.B. 3054 75(R)    BILL ANALYSIS


Senate Research CenterH.B. 3054
By: Berlanga (Zaffirini)
Health & Human Services
5-16-97
Engrossed


DIGEST 

In 1994, with funding from the Texas Legislature, the Texas Department of
Health (TDH) established an immunization tracking system (Immtrac) for the
purpose of monitoring immunization rates for children across Texas.  This
tracking system also serves as an information depository for providers,
who are then able to determine if a child's immunization record is
up-to-date.  For children that do not regularly see the same care
provider, Immtrac serves to protect them from "overimmunization."
However, the current system lacks data from the private sector, and thus
does not provide a complete picture of the immunization rates in Texas.
This lack of information is an obstacle to achieving the state's goal of
90 percent immunization levels in two-year olds.  This legislation aims to
correct this inadequacy by requiring anyone that administers immunizations
to a person under the age of 18 to submit the relevant information to
Immtrac.  Insurance companies, health maintenance organizations, and
others who pay for or reimburse claims for immunizations will also be
required to report.  In addition, H.B. 3054 will include strict parameters
to ensure the confidentiality of the reported information.    

PURPOSE

As proposed, H.B. 3054 creates an immunization registry, establishes
reporting requirements concerning immunizations, and provides criminal
penalties.  

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Board of Health in SECTION 1
(Section 161.007(a), Health and Safety Code) and the Texas Board of Health
in SECTION 1 (Section 161.007(i), Health and Safety Code) of this bill.   

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 161A, Health and Safety Code, by adding Sections
161.007161.009, as follows: 

Sec. 161.007.  IMMUNIZATION REGISTRY; REPORTS TO DEPARTMENT.  Requires the
Texas Department of Health (department), for the purposes 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 childhood communicable disease prevention and
control efforts, to establish and maintain a childhood immunization
registry.  Requires any person who administers a vaccine to a child under
the age of 18 to provide to the department certain data necessary for the
immunization registry. Requires the department, by rule, to develop
guidelines to protect the confidentiality of patients and inform parents
or a managing conservator or guardian about the immunization registry and
the opportunity for exemption from the registry.  Sets forth regulations
regarding the immunization registry.  Provides that nothing in this
section diminishes a parent's, managing conservator's, or guardian's
responsibility for having a child immunized property. Provides that a
person, including a health care provider, who submits or obtains in good
faith an immunization history or data to or from the department in
compliance with the provisions of this section and any rules adopted under
this section is not liable for any civil damages. Requires the Texas Board
of Health to adopt rules to implement this section. 

 Sec.  161.008.  IMMUNIZATION RECORD.  Sets forth regulations regarding
immunization records held in the immunization registry. 

Sec.  161.009.  PENALTIES FOR DISCLOSURE OF INFORMATION.  Provides that a
person commits a Class A misdemeanor if the person negligently releases or
discloses immunization registry information in violation of Section
161.007 or 161.008; or negligently uses the information in the
immunization registry to solicit new patients or clients or for other
purposes that are not associated with immunization purposes, unless
authorized by this section. 

SECTION 3. Requires the department to evaluate the immunization registry
established under Section 161.007, Health and Safety Code, as added by
this Act, two years after its implementation date to determine if the
immunization registry is meeting its stated goals and objectives.
Requires the department to report to the legislature on February 1 of each
odd-numbered year concerning the maintenance and operation of the
registry. 

SECTION 4. (a)  Effective date:  September 1, 1997, except as provided by
Subsection (b). 

(b)  Effective date for Sections 161.007(c) and (d), Health and Safety
Code:  January 1, 1999. 

SECTION 5. Emergency clause.