SRC-MKV S.B. 1237 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1237
77R8691 YDB-DBy: Moncrief
Health & Human Services
4/3/2001
As Filed


DIGEST AND PURPOSE 

In 1994, the Texas Department of Health established an immunization
tracking system for the purpose of monitoring immunization rates for
children across Texas.  This system also serves as an information
depository for providers who are then able to determine if a child's
immunization record is up-to-date. For children who do not regularly see
the same care provider, the system serves to protect them from
"overimmunization."  However, the current system lacks data from the
private sector, and thus does not provide a complete picture of the
immunization rates in Texas.  Sections 38.001(c) and 51.933(d) of the
Education Code currently exempt students from immunizations under certain
conditions.  Many feel that the current statute provides a loophole for
parents and constricts those parents who object to only one or two of the
current required immunizations.  As proposed, S.B. 1237 seeks to increase
the reporting to the system by changing the registry from an opt-in system
to an opt-out system while continuing to protect individual privacy.  The
bill also provides additional protection from liability for entities
reporting immunization information to the Texas Department of Health.   

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Board of Health and
the Texas Department of Health in SECTION 15 of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 2E, Health and Safety Code, by adding Chapter 110,
as follows: 

CHAPTER 110.  TEXAS IMMUNIZATION ADVISORY COMMITTEE

Sec. 110.001.  DEFINITION.  Provides that in this chapter, "committee"
means the Texas immunization advisory committee. 

Sec. 110.002.  COMMITTEE ESTABLISHED.  Provides that the Texas immunization
advisory committee is established to assist the Texas Board of Health
(board) and the Texas Department of Health (department) in the development
of procedures, guidelines, and policies related to immunizations in this
state. 

Sec. 110.003.  COMPOSITION OF COMMITTEE. Sets forth the composition of the
committee. 

 Sec. 110.004.  DUTIES.  Sets forth the duties of the committee.

Sec. 110.005.  APPLICABLE LAW.  Provides that the committee is subject to
Chapter 2110 (State Agency Advisory Committees), Government Code. 

SECTION 2.  Amends Sections 161.001(b) and (c), Health and Safety Code, as
follows: 

(b) Adds language relating to a person who administers or authorizes the
administration of a  vaccine or immunizing agent to provide that the person
is not liable for the failure or refusal to consent to the immunization
because immunization is declined by a child's parent, managing conservator,
or guardian for reasons of conscience or religious belief. 

(c) Adds language to prohibit a parent, managing conservator, or guardian
who fails or refuses to consent to the vaccination or immunization required
under this chapter, including a parent, managing conservator, or guardian
who fails or refuses to consent to the vaccination or immunization because
immunization is declined for reasons of conscience or religious belief,
from bringing a cause of action against any person for the other person's
failure to immunize the child.  Deletes language providing that a person
who fails to comply with Section 161.004 is not liable or responsible for
that failure, and that failure does not create a cause of action. 

SECTION 3.  Amends Section 161.004(d), Health and Safety Code, to delete
language providing that a child is exempt from an immunization required by
this section if immunization conflicts with the tenets of an organized
religion.  Makes a conforming change. 

SECTION 4.  Amends Chapter 161A, Health and Safety Code, by adding Section
161.0045, as follows: 

Sec. 161.0045.  IMMUNIZATION EXEMPTION FORM. (a)  Requires the Texas
Department of Health (department) to develop and provide an exemption form
to a person subject to exclusion from a school or facility because the
person declines a required immunization for reasons of conscience or
because of a religious belief. 

  (b)  Requires the exemption form to include certain information.

(c)  Requires the department to make the exemption form available in a
printable format on the department's Internet website and to provide the
form on request by facsimile transmission, mail, or electronic mail. 

SECTION 5.  Amends Section 161.007, Health and Safety Code, as follows:

(a) Deletes a reference to Section 5.08, Medical Practices Act (Article
4495b, V.T.C.S.), and changes language requiring the written consent of a
parent, managing conservator, or guardian of a patient before any
information relating to the patient is included in the registry to permit
one of the above people to choose to have the patient excluded from the
registry.  Deletes language permitting a parent, managing conservator, or
guardian to withdraw consent for the patient to be included in the
registry. 

(b ) Adds an exception as provided by Section 161.0071 and deletes language
relating to a person for whom consent has been obtained in accordance with
the guidelines adopted under Subsection (a).  Deletes language requiring
the department to remove from the registry information for any person for
whom consent has been withdrawn. 

(c) Adds language to require the report to contain the elements prescribed
by the department, which may include submission in writing, by electronic
format, or by voice.  Requires the department to consult with entities
required to report under this section to determine the most efficient and
cost-effective manner of reporting immunization history.  Makes conforming
changes. 

 (d) Makes conforming changes.

(e) Adds language requiring the notice to contain instructions for the
parent, managing conservator, or guardian to request that future notices
not be sent and to remove the child's immunization record from the registry
and any other registry-related record that individually  identifies the
child.  Requires the notice to describe the procedure to report a violation
if a child is included in the registry after requesting exclusion. 

 (f)-(h) Make conforming changes.

(i) Adds language providing that, to the extent that the confidentiality
requirements imposed under this subchapter are more stringent than those
imposed under Chapter 159, Occupations Code, the requirements of this
subchapter prevail. 

SECTION 6.  Amends Chapter 161A, Health and Safety Code, by adding Section
161.0071, as follows: 

Sec. 161.0071.  NOTICE OF RECEIPT OF REGISTRY DATA; EXCLUSION FROM
REGISTRY. (a)  Requires the department, the first time the department
receives registry data for a child, to send a written notification to the
child's parent, managing conservator, or guardian disclosing certain
information. 
  
 (b)  Requires the department to delete the child's immunization records
from the registry and any other registry-related department record that
individually identifies the child, not later than the 30th day after the
date the department receives from the parent, managing conservator, or
guardian of the child a written request that the child be excluded from the
registry.  Requires the department to maintain only those records related
to the child necessary to ensure that the child continues to be excluded
from the registry and prohibits the release of the identity of a child
excluded from the registry. 

(c)  Requires the department to send to a parent, managing conservator, or
guardian who makes a written request under Subsection (b) a written
confirmation of receipt of the request for exclusion and the exclusion of
the child's records from the registry. 

(d)  Provides that the department commits a violation if the department
fails to exclude a child from the registry within the period required by
Subsection (b). 

(e)  Requires the department to accept any written indication from a
parent, managing conservator, or guardian communicating to the department
that a child should be excluded from the registry, including a statement on
the child's birth certificate, as a request for exclusion under Subsection
(b). 

SECTION 7.  Amends Chapter 161A, Health and Safety Code, by adding Section
161.0072, as follows: 

Sec. 161.0072.  REGISTRY CONFIDENTIALITY. (a)  Provides that the
information that individually identifies a child received by the department
for the immunization registry is confidential and may be used by the
department for registry purposes only. 

(b)  Prohibits the department, unless specifically authorized under this
subchapter, from releasing registry information to any individual or entity
without the consent of the person, or if a minor, the parent, managing
conservator, or guardian of the child. 

(c)  Prohibits a person required to report information to the department
for registry purposes or authorized to receive information from the
registry, from disclosing the individually identifiable information to any
other person without written consent of the parent, managing conservator,
or guardian of the child, except as provided by Chapter 159
(Physician-Patient Communication), Occupations Code. 
 
(d)  Provides that registry information is not subject to discovery,
subpoena, or other  means of legal compulsion for release to any person or
entity except as provided by this subchapter or admissible in any civil,
administrative, or criminal proceeding. 

SECTION 8.  Amends Chapter 161A, Health and Safety Code, by adding Section
161.0075, as follows: 

Sec. 161.0075.  REPORT TO LEGISLATURE. (a)  Requires the department to
report to the Legislative Budget Board, the governor, the lieutenant
governor, the speaker of the house of representatives, and appropriate
committees of the legislature not later than September 30 of each
even-numbered year. 

(b)  Requires the department to use the report required under Subsection
(a) to develop ways to increase immunization rates using state and federal
resources. 

  (c)  Requires the report to include certain information. 

SECTION 9.  Amends Section 161.008, Health and Safety Code, by amending
Subsections (c) and (d) and adding Subsections (e)-(g), as follows: 

(c)  Adds language authorizing the department to obtain the data
constituting an immunization record for the child from an insurance
company, a health maintenance organization, or any other organization that
pays or reimburses a claim for immunization, or any physician, health care
professional, or health care facility personnel licensed or otherwise
authorized to administer vaccines.  Makes a conforming change.  

(d) Authorizes the department, after the 30th day after the date notice was
sent by the department to the child's parent, managing conservator, or
guardian under Section 161.0071, if the department has not received a
written request to exclude the child from the registry, to enter the child
into the registry and release the data constituting an immunization record
for the child to any entity in this state that is described by Subsection
(c) and is providing immunization services to the child or is paying or
reimbursing a claim for an immunization for the child or to a school or
child care facility in which the child is enrolled. 

(f) Authorizes the department to release nonidentifying summary statistics
related to the registry that do not individually identify a child. 

(g) Prohibits the department from releasing individually identifiable
information under Subsection (d)(2) to an entity outside of this state. 

SECTION 10.  Amends Section 161.009(a), Health and Safety Code, to add
references to Sections 161.0071 and 161.0072. 

SECTION 11.  Amends Section 38.001, Education Code, by amending Subsection
(c) and adding Subsection (f), as follows: 

(c) Changes a reference from "an affidavit or a certificate" to "a letter"
in (c)(1)(A) and changes a reference from "an affidavit" to "a form
provided by the Texas Department of Health in accordance with Section
161.0045, Health and Safety Code, in (c)(1)(B).  Adds language to provide
that the form from the Texas Department of Health be notarized stating that
the applicant declines a required immunization for reasons of conscience or
because or a religious belief, except that an applicant admitted to a
school without a required immunization under this subchapter is subject to
exclusion from the school.  Deletes language relating to the immunization
conflicting with the tenets and practice of a recognized church or
religious denomination of which the applicant is an adherent or member. 

 (f) Prohibits an admitting official of a school from requesting the
submission of a letter or form under Subsection (c) more than once each
year. 

SECTION 12.  Amends Section 38.002(a), Education Code , to add language
requiring each public school to keep an individual immunization record or a
record of the number and type of exemptions as permitted under Section
38.001(c) during the period of attendance for each student admitted.
Requires the school to annually submit a report on a form prescribed by the
Texas Department of Health to the department stating the number and type of
exemptions on file for children who are attending the school and exercising
the exemption. 

SECTION 13.  Amends Section 51.933, Education Code, by amending Subsection
(d) and adding Subsection (f), as follows: 

(d) Adds language to provide that a student who declines a required
immunization for reasons of conscience or because of a religious belief,
except that an applicant admitted to an institution without a required
immunization under this subdivision is subject to exclusion from the
institution in times of emergency or epidemic disease declared by the
commissioner of public health. Makes conforming changes. 

(f) Prohibits an admitting official of a school from requesting the
submission of a letter or form under Subsection (c) more than once each
year. 

SECTION 14.  Amends Section 42.043(d), Human Resources Code, to add
language relating to a letter signed by a physician who is duly registered
and licensed to practice medicine in the United States in which it is
stated that in the physician's opinion the immunization would be injurious
to the health and well-being of the child or a member of the child's
family.  Makes conforming changes.    

SECTION 15. Sets forth provisions relating to implementation of this Act.

SECTION 16.  Effective date: upon passage or September 1, 2001.