1-1     By:  Berlanga (Senate Sponsor - Zaffirini)            H.B. No. 3054

 1-2           (In the Senate - Received from the House May 15, 1997;

 1-3     May 16, 1997, read first time and referred to Committee on Health

 1-4     and Human Services; May 18, 1997, reported favorably by the

 1-5     following vote:  Yeas 11, Nays 0; May 18, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the creation of an immunization registry and to

 1-9     reporting requirements concerning immunizations; providing a

1-10     criminal penalty.

1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-12           SECTION 1.  Subchapter A, Chapter 161, Health and Safety

1-13     Code, is amended by adding Sections 161.007, 161.008, and 161.009

1-14     to read as follows:

1-15           Sec. 161.007.  IMMUNIZATION REGISTRY; REPORTS TO DEPARTMENT.

1-16     (a)  The department, for purposes of establishing and maintaining a

1-17     single repository of accurate, complete, and current immunization

1-18     records to be used in aiding, coordinating, and promoting efficient

1-19     and cost-effective childhood communicable disease prevention and

1-20     control efforts, shall establish and maintain a childhood

1-21     immunization registry.  The department by rule shall develop

1-22     guidelines to protect the confidentiality of patients and inform

1-23     parents or a managing conservator or guardian about the

1-24     immunization registry and the opportunity for exemption from the

1-25     registry.

1-26           (b)  The immunization tracking registry must contain

1-27     information on the immunization history that is obtained by the

1-28     department under this section of each person who is younger than 18

1-29     years of age.

1-30           (c)  An insurance company, a health maintenance organization,

1-31     or another organization that pays or reimburses a claim for an

1-32     immunization of a person younger than 18 years of age shall provide

1-33     an immunization history to the department.

1-34           (d)  A health care provider who administers an immunization

1-35     to a person younger than 18 years of age shall submit an

1-36     immunization history to the department unless the immunization

1-37     history is submitted to an insurance company, a health maintenance

1-38     organization, or another organization that pays or reimburses a

1-39     claim for an immunization to a person younger than 18 years of age.

1-40     The report shall be in a format prescribed by the department, which

1-41     may include submission in writing, by electronic means, or by

1-42     voice.

1-43           (e)  The department may use the registry to provide notices

1-44     by mail, telephone, personal contact, or other means to a parent,

1-45     managing conservator, or guardian regarding his or her child or

1-46     ward who is due or overdue for a particular type of immunization

1-47     according to the department's immunization schedule.  The

1-48     department shall consult with health care providers to determine

1-49     the most efficient and cost-effective manner of using the registry

1-50     to provide those notices.

1-51           (f)  Nothing in this section diminishes a parent's, managing

1-52     conservator's, or guardian's responsibility for having a child

1-53     immunized properly.

1-54           (g)  A person, including a health care provider, who submits

1-55     or obtains in good faith an immunization history or data to or from

1-56     the department in compliance with the provisions of this section

1-57     and any rules adopted under this section is not liable for any

1-58     civil damages.

1-59           (h)  Information obtained by the department for the

1-60     immunization registry is confidential and may be disclosed only as

1-61     provided by Section 161.008 or with the written consent of the

1-62     child's parent, managing conservator, or guardian.

1-63           (i)  The board shall adopt rules to implement this section.

1-64           Sec. 161.008.  IMMUNIZATION RECORD.  (a)  An immunization

 2-1     record is part of the immunization registry.

 2-2           (b)  An immunization record contains the:

 2-3                 (1)  name and date of birth of the person immunized;

 2-4                 (2)  dates of immunization;

 2-5                 (3)  types of immunization administered; and

 2-6                 (4)  name and address of the health care provider

 2-7     administering the immunization.

 2-8           (c)  A parent, managing conservator, or guardian may obtain

 2-9     on request to the department an exemption to prohibit or restrict

2-10     the release of information under this section.  A child's parent,

2-11     managing or possessory conservator, or guardian may require the

2-12     department to withhold the child's immunization record from the

2-13     department's immunization registry by notifying the department in

2-14     writing that the parent, conservator, or guardian elects to exclude

2-15     the child from the registry.  The data constituting an immunization

2-16     record may be provided to the department by, or released by the

2-17     department only to, a public health district, a local health

2-18     department, or a physician to the child or to a school or child

2-19     care facility in which the child is enrolled without the consent of

2-20     the child's parent, managing conservator, or guardian if the

2-21     department has not received a request for an exemption.

2-22           (d)  A parent, managing conservator, or legal guardian may

2-23     obtain and on request to the department shall be provided with all

2-24     individually identifiable immunization registry information

2-25     concerning his or her child or ward.

2-26           Sec. 161.009.  Penalties for Disclosure of Information.  (a)

2-27     A person commits an offense if the person:

2-28                 (1)  negligently releases or discloses immunization

2-29     registry information in violation of Section 161.007 or 161.008; or

2-30                 (2)  negligently uses the information in the

2-31     immunization registry to solicit new patients or clients or for

2-32     other purposes that are not associated with immunization purposes,

2-33     unless authorized under this section.

2-34           (b)  An offense under this section is a Class A misdemeanor.

2-35           SECTION 2.  The Texas Department of Health shall evaluate the

2-36     immunization registry established under Section 161.007, Health and

2-37     Safety Code, as added by this Act, two years after its

2-38     implementation date to determine if the immunization registry is

2-39     meeting its stated goals and objectives.  The Texas Department of

2-40     Health shall report to the legislature on February 1 of each

2-41     odd-numbered year concerning the maintenance and operation of the

2-42     registry.

2-43           SECTION 3.  (a)  Except as provided by Subsection (b) of this

2-44     section, this Act takes effect September 1, 1997.

2-45           (b)  Sections 161.007(c) and 161.007(d), Health and Safety

2-46     Code, as added by this Act, take effect January 1, 1999.

2-47           SECTION 4.  The importance of this legislation and the

2-48     crowded condition of the calendars in both houses create an

2-49     emergency and an imperative public necessity that the

2-50     constitutional rule requiring bills to be read on three several

2-51     days in each house be suspended, and this rule is hereby suspended.

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