By Hupp H.B. No. 2722
76R4509 CMR-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a registry and reporting requirements concerning
1-3 immunizations.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 161.007, Health and Safety Code, is
1-6 amended 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 efficient
1-11 and cost-effective childhood communicable disease prevention and
1-12 control efforts, shall establish and maintain a childhood
1-13 immunization registry. The department by rule shall develop
1-14 guidelines to:
1-15 (1) protect the confidentiality of patients in
1-16 accordance with Section 5.08, Medical Practice Act (Article 4495b,
1-17 Vernon's Texas Civil Statutes);
1-18 (2) inform a parent, managing conservator, or guardian
1-19 of each patient about the registry;
1-20 (3) require the written consent of a parent, managing
1-21 conservator, or guardian of a patient before any information
1-22 relating to the patient is released to the department or included
1-23 in the registry; and
1-24 (4) permit a parent, managing conservator, or guardian
2-1 to withdraw consent for the patient to be included in the registry.
2-2 (b) The form of the written consent used under Subsection
2-3 (a)(3) must be established by the guidelines established under
2-4 Subsection (a). The consent form must fully disclose:
2-5 (1) all information that may be included in the
2-6 registry;
2-7 (2) the persons to whom the information may be
2-8 released under Section 161.008(c)(2); and
2-9 (3) the purpose and use of the registry.
2-10 (c) The childhood immunization registry must contain
2-11 information on the immunization history that is obtained by the
2-12 department under this section of each person who is younger than 18
2-13 years of age and for whom consent has been obtained in accordance
2-14 with guidelines adopted under Subsection (a). The department shall
2-15 remove from the registry information for any person for whom
2-16 consent has been withdrawn.
2-17 (d) [(c)] An insurance company, a health maintenance
2-18 organization, or another organization that pays or reimburses a
2-19 claim for an immunization of a person younger than 18 years of age
2-20 shall provide an immunization history to the department. An
2-21 insurance company, health maintenance organization, or other
2-22 organization may not [is not required to] provide an immunization
2-23 history to the department under this subsection for a person unless
2-24 [for whom] consent has [not] been obtained for the person in
2-25 accordance with guidelines adopted under Subsection (a) [or for
2-26 whom consent has been withdrawn].
2-27 (e) [(d)] A health care provider who administers an
3-1 immunization to a person younger than 18 years of age shall provide
3-2 an immunization history to the department unless the immunization
3-3 history is submitted to an insurance company, a health maintenance
3-4 organization, or another organization that pays or reimburses a
3-5 claim for an immunization to a person younger than 18 years of age.
3-6 The report shall be in a format prescribed by the department, which
3-7 may include submission in writing, by electronic means, or by
3-8 voice. A health care provider may not [is not required to] provide
3-9 an immunization history to the department under this subsection for
3-10 a person unless [for whom] consent has [not] been obtained for the
3-11 person in accordance with guidelines adopted under Subsection (a)
3-12 [or for whom consent has been withdrawn].
3-13 (f) [(e)] The department may use the registry to provide not
3-14 more than three notices by mail, telephone, or personal contact [,
3-15 or other means] to a parent, managing conservator, or guardian
3-16 regarding his or her child or ward who is due or overdue for a
3-17 particular type of immunization according to the department's
3-18 immunization schedule. The department shall consult with health
3-19 care providers to determine the most efficient and cost-effective
3-20 manner of using the registry to provide those notices.
3-21 (g) [(f)] Nothing in this section diminishes a parent's,
3-22 managing conservator's, or guardian's responsibility for having a
3-23 child immunized properly, subject to Section 161.004(d).
3-24 (h) [(g)] A person, including a health care provider, who
3-25 submits or obtains in good faith an immunization history or data to
3-26 or from the department in compliance with the provisions of this
3-27 section and any rules adopted under this section is not liable for
4-1 any civil damages.
4-2 (i) [(h)] Information obtained by the department for the
4-3 immunization registry is confidential and may be disclosed only
4-4 with the written consent of the child's parent, managing
4-5 conservator, or guardian.
4-6 (j) [(i)] The board shall adopt rules to implement this
4-7 section.
4-8 SECTION 2. Section 161.008, Health and Safety Code, is
4-9 amended by amending Subsection (c) and adding Subsection (e) to
4-10 read as follows:
4-11 (c) The department, only with the consent of a child's
4-12 parent, managing conservator, or guardian, may:
4-13 (1) obtain the data constituting an immunization
4-14 record for the child from a public health district, a local health
4-15 department, or a physician to the child; or
4-16 (2) release the data constituting an immunization
4-17 record for the child in this state and only to a public health
4-18 district or [,] a local health department in this state, a
4-19 physician to the child in this state, or a school or child care
4-20 facility in this state in which the child is enrolled.
4-21 (e) The department may not obtain the data constituting an
4-22 immunization record from a person other than a person described by
4-23 Subsection (c)(1). This subsection does not affect the
4-24 department's ability to obtain an immunization history under
4-25 Section 161.007.
4-26 SECTION 3. Section 161.009(a), Health and Safety Code, is
4-27 amended to read as follows:
5-1 (a) A person commits an offense if the person:
5-2 (1) negligently releases or discloses immunization
5-3 registry information in violation of Section 161.007 or 161.008; or
5-4 (2) negligently uses the information in the
5-5 immunization registry to solicit new patients or clients or for any
5-6 other purposes that are not associated with immunization purposes,
5-7 including the denial of insurance or other benefits based on the
5-8 person's immunization history, unless authorized under this
5-9 section.
5-10 SECTION 4. The Texas Board of Health shall adopt a consent
5-11 form as required by Section 161.007, Health and Safety Code, as
5-12 amended by this Act, not later than December 15, 1999.
5-13 SECTION 5. The change in law made by this Act applies only
5-14 to a report of an immunization history made to the Texas Department
5-15 of Health, and to release of data constituting an immunization
5-16 record by the department, on or after January 1, 2000. A report
5-17 made or data released before that date is governed by the law as it
5-18 existed immediately before the effective date of this Act, and the
5-19 former law is continued in effect for that purpose.
5-20 SECTION 6. This Act takes effect September 1, 1999.
5-21 SECTION 7. The importance of this legislation and the
5-22 crowded condition of the calendars in both houses create an
5-23 emergency and an imperative public necessity that the
5-24 constitutional rule requiring bills to be read on three several
5-25 days in each house be suspended, and this rule is hereby suspended.