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.