1-1 AN ACT
1-2 relating to the creation of an immunization registry and to
1-3 reporting requirements concerning immunizations; providing a
1-4 criminal penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter A, Chapter 161, Health and Safety
1-7 Code, is amended by adding Sections 161.007, 161.008, and 161.009
1-8 to read as follows:
1-9 Sec. 161.007. IMMUNIZATION REGISTRY; REPORTS TO DEPARTMENT.
1-10 (a) The department, for purposes of establishing and maintaining a
1-11 single repository of accurate, complete, and current immunization
1-12 records to be used in aiding, coordinating, and promoting efficient
1-13 and cost-effective childhood communicable disease prevention and
1-14 control efforts, shall establish and maintain a childhood
1-15 immunization registry. The department by rule shall develop
1-16 guidelines to:
1-17 (1) protect the confidentiality of patients in
1-18 accordance with Section 5.08, Medical Practice Act (Article 4495b,
1-19 Vernon's Texas Civil Statutes);
1-20 (2) inform a parent, managing conservator, or guardian
1-21 of each patient about the registry;
1-22 (3) require the written consent of a parent, managing
1-23 conservator, or guardian of a patient before any information
1-24 relating to the patient is included in the registry; and
2-1 (4) permit a parent, managing conservator, or guardian
2-2 to withdraw consent for the patient to be included in the registry.
2-3 (b) The childhood immunization registry must contain
2-4 information on the immunization history that is obtained by the
2-5 department under this section of each person who is younger than 18
2-6 years of age and for whom consent has been obtained in accordance
2-7 with guidelines adopted under Subsection (a). The department shall
2-8 remove from the registry information for any person for whom
2-9 consent has been withdrawn.
2-10 (c) An insurance company, a health maintenance organization,
2-11 or another organization that pays or reimburses a claim for an
2-12 immunization of a person younger than 18 years of age shall provide
2-13 an immunization history to the department. An insurance company,
2-14 health maintenance organization, or other organization is not
2-15 required to provide an immunization history to the department under
2-16 this subsection for a person for whom consent has not been obtained
2-17 in accordance with guidelines adopted under Subsection (a) or for
2-18 whom consent has been withdrawn.
2-19 (d) A health care provider who administers an immunization
2-20 to a person younger than 18 years of age shall provide an
2-21 immunization history to the department unless the immunization
2-22 history is submitted to an insurance company, a health maintenance
2-23 organization, or another organization that pays or reimburses a
2-24 claim for an immunization to a person younger than 18 years of age.
2-25 The report shall be in a format prescribed by the department, which
2-26 may include submission in writing, by electronic means, or by
2-27 voice. A health care provider is not required to provide an
3-1 immunization history to the department under this subsection for a
3-2 person for whom consent has not been obtained in accordance with
3-3 guidelines adopted under Subsection (a) or for whom consent has
3-4 been withdrawn.
3-5 (e) The department may use the registry to provide notices
3-6 by mail, telephone, personal contact, or other means to a parent,
3-7 managing conservator, or guardian regarding his or her child or
3-8 ward who is due or overdue for a particular type of immunization
3-9 according to the department's immunization schedule. The
3-10 department shall consult with health care providers to determine
3-11 the most efficient and cost-effective manner of using the registry
3-12 to provide those notices.
3-13 (f) Nothing in this section diminishes a parent's, managing
3-14 conservator's, or guardian's responsibility for having a child
3-15 immunized properly, subject to Section 161.004(d).
3-16 (g) A person, including a health care provider, who submits
3-17 or obtains in good faith an immunization history or data to or from
3-18 the department in compliance with the provisions of this section
3-19 and any rules adopted under this section is not liable for any
3-20 civil damages.
3-21 (h) Information obtained by the department for the
3-22 immunization registry is confidential and may be disclosed only
3-23 with the written consent of the child's parent, managing
3-24 conservator, or guardian.
3-25 (i) The board shall adopt rules to implement this section.
3-26 Sec. 161.008. IMMUNIZATION RECORD. (a) An immunization
3-27 record is part of the immunization registry.
4-1 (b) An immunization record contains the:
4-2 (1) name and date of birth of the person immunized;
4-3 (2) dates of immunization;
4-4 (3) types of immunization administered; and
4-5 (4) name and address of the health care provider
4-6 administering the immunization.
4-7 (c) The department, only with the consent of a child's
4-8 parent, managing conservator, or guardian, may:
4-9 (1) obtain the data constituting an immunization
4-10 record for the child from a public health district, a local health
4-11 department, or a physician to the child; or
4-12 (2) release the data constituting an immunization
4-13 record for the child to a public health district, a local health
4-14 department, a physician to the child, or a school or child care
4-15 facility in which the child is enrolled.
4-16 (d) A parent, managing conservator, or legal guardian may
4-17 obtain and on request to the department shall be provided with all
4-18 individually identifiable immunization registry information
4-19 concerning his or her child or ward.
4-20 Sec. 161.009. Penalties for Disclosure of Information. (a)
4-21 A person commits an offense if the person:
4-22 (1) negligently releases or discloses immunization
4-23 registry information in violation of Section 161.007 or 161.008; or
4-24 (2) negligently uses the information in the
4-25 immunization registry to solicit new patients or clients or for
4-26 other purposes that are not associated with immunization purposes,
4-27 unless authorized under this section.
5-1 (b) An offense under this section is a Class A misdemeanor.
5-2 SECTION 2. The Texas Department of Health shall evaluate the
5-3 immunization registry established under Section 161.007, Health and
5-4 Safety Code, as added by this Act, two years after its
5-5 implementation date to determine if the immunization registry is
5-6 meeting its stated goals and objectives. The Texas Department of
5-7 Health shall report to the legislature on February 1 of each
5-8 odd-numbered year concerning the maintenance and operation of the
5-9 registry.
5-10 SECTION 3. (a) Except as provided by Subsection (b) of this
5-11 section, this Act takes effect September 1, 1997.
5-12 (b) Sections 161.007(c) and 161.007(d), Health and Safety
5-13 Code, as added by this Act, take effect January 1, 1999.
5-14 SECTION 4. The importance of this legislation and the
5-15 crowded condition of the calendars in both houses create an
5-16 emergency and an imperative public necessity that the
5-17 constitutional rule requiring bills to be read on three several
5-18 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3054 was passed by the House on May
14, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 3054 on May 24, 1997, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3054 was passed by the Senate, with
amendments, on May 22, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor