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. 2-52 * * * * *