By:  Ellis                                            S.B. No. 1413

         Line and page numbers may not match official copy.

         Bill not drafted by TLC or Senate E&E.

                                A BILL TO BE ENTITLED

                                       AN ACT

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

 1-2     reporting requirements concerning immunizations and providing

 1-3     criminal penalties.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter A, Chapter 161, Health and Safety

 1-6     Code, is amended by adding Section 161.007 to read as follows:

 1-7           Sec. 161.007.  IMMUNIZATION REGISTRY; REPORTS TO DEPARTMENT.

 1-8     (a)  The department, for purposes of establishing and maintaining a

 1-9     single repository of accurate, complete, and current immunization

1-10     records to be used in aiding, coordinating, and promoting effective

1-11     and cost-efficient childhood disease prevention and control

1-12     efforts, shall establish and maintain a childhood immunization

1-13     registry.

1-14           (b)  Any person who administers a vaccine or vaccines

1-15     licensed for use in children by the United States Food and Drug

1-16     Administration to a child under the age of 18 shall for each such

1-17     immunization provide to the department such data as are deemed by

1-18     the department to be necessary and appropriate for purposes of the

1-19     immunization registry established pursuant to subsection (a) of

1-20     this section, including, without limitation:

1-21                 (1)  the name of the child;

 2-1                 (2)  the child's date and place of birth;

 2-2                 (3)  mother's maiden name;

 2-3                 (4)  the names and addresses of the child's custodial

 2-4     parents, managing conservators, or guardians;

 2-5                 (5)  the date of the immunization and the specific type

 2-6     or types of vaccine or vaccines administered to the child on that

 2-7     date and

 2-8                 (6)  the name and address of the health care provider

 2-9     who administered the immunization.

2-10           (c)  The department may utilize the registry to provide

2-11     notices, whether by mail, telephone, personal contact, or other

2-12     means, to parents, managing conservators, or guardians regarding

2-13     their children or wards who are due or overdue for a particular

2-14     type of immunization according to the department's immunization

2-15     schedules.  The department shall consult with health care providers

2-16     to determine the most effective and efficient manner of using the

2-17     registry to provide such notices.

2-18           (d)  Immunization records for any child included within the

2-19     immunization registry shall be maintained as part of the registry

2-20     until the child reaches the age of 18.

2-21           (e)  Individually identifiable immunization information

2-22     regarding a child may be provided to the department by, or released

2-23     by the department to, a public health district, a local health

2-24     department, hospital, physician, or other health care provider to

2-25     the child or to a school or child care facility without the consent

 3-1     of the child's parent, managing conservator, or guardian.  However,

 3-2     a parent may request a specific exemption to prohibit or restrict

 3-3     the release of information.  A parent or guardian may obtain and

 3-4     upon request to the department shall be provided with all

 3-5     individually identifiable immunization registry information

 3-6     regarding his or her child or ward.  Except as provided otherwise

 3-7     by this section, individually identifiable immunization registry

 3-8     information shall be treated as confidential and shall not be

 3-9     released to a third party without consent of a child's parent,

3-10     managing or possessory conservator, or guardian.

3-11           (f)  Nothing in this section shall:

3-12                 (1)  prohibit the department from providing or

3-13     publishing registry information in aggregate form for scientific,

3-14     educational, or public health purposes, provided that such

3-15     information is published without releasing or identifying

3-16     individual names contained in the registry;

3-17                 (2)  prohibit the department or any health care

3-18     provider from notifying a parent, guardian, or child of the child's

3-19     immunization status or of a immunization that is due or overdue

3-20     according to the department's immunization schedules; or

3-21                 (3)  diminish a parent's, managing conservator's, or

3-22     guardian's responsibility for having a child immunized properly.

3-23           (g)  Any person, including but not limited to health care

3-24     providers, submitting or obtaining in good faith immunization

3-25     reports or data to or from the department in compliance with the

 4-1     provisions of this section and any rules adopted pursuant to this

 4-2     section shall not be liable for any civil damages.

 4-3           (h)  The board shall adopt rules to implement this section.

 4-4           (i)(1)  A person commits an offense if, with criminal

 4-5     negligence and in violation of this section, the person releases or

 4-6     discloses immunization registry information.

 4-7                 (2)  A person commits an offense if, with criminal

 4-8     negligence, the person uses the information in the registry to

 4-9     solicit new patients or clients or for other purposes which are not

4-10     associated with immunization purposes unless specified in this

4-11     section.

4-12                 (3)  An offense under this subsection is a Class A

4-13     misdemeanor.

4-14           SECTION 2.  (a)  Except as provided by subsection (b) of this

4-15     section, this Act takes effect September 1, 1997.

4-16           (b)  Section 161.007(b), Health and Safety Code, as added by

4-17     this Act, takes effect January 1, 1999.

4-18           SECTION 3.  The importance of this legislation and the

4-19     crowded condition of the calendars in both houses create an

4-20     emergency and an imperative public necessity that the

4-21     constitutional rule requiring bills to be read on three several

4-22     days in each house be suspended, and this rule is hereby suspended.