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


Senate Research CenterC.S.S.B. 1237
77R14905 YDB-DBy: Moncrief
Health & Human Services
5/4/2001
Committee Report (Substituted)


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.  C.S.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 10 of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Sets forth legislative findings.

SECTION 2. Amends Section 161.007, Health and Safety Code, as follows:

(a) Adds language relating to the confidentiality of registrants in
accordance with state and federal law, deletes a reference to Section 5.08,
Medical Practice 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.  Changes references from "patient"
to "registrant." 

(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. Authorizes the report to be submitted in writing or by
electronic means.  Deletes language relating to certain groups not being
required to provide an immunization history to the department under this
subsection.  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 the submission of a written
request for  exclusion. 

 (f) Makes a conforming change.

(g) Adds language relating to an insurance company, a health maintenance
organization, or another organization that pays or reimburses a claim for
immunization and makes conforming changes. 

 (h) Make a conforming change.

SECTION 3. 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 a written statement 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 4. 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 5. 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 6. 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, to a school or child
care facility in which the child is enrolled or to a state agency
responsible for the health care of the child. 

(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. 

(h) Requires the department to develop a secure Internet-based system to
allow a school that has obtained an ImmTrac user number to verify whether a
child has received the vaccinations required by Sections 38.001 and 51.933,
Education Code.  Prohibits a school that obtains an ImmTrac user number for
this purpose, except as provided by board rules, from requiring
verification of vaccination of a child from the child's parent, managing
conservator, or guardian. 

SECTION 7. Amends Section 161.009(a), Health and Safety Code, to add
references to Sections 161.0071 and 161.0072. 
 
SECTION 8.  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.  Prohibits the report from including individually
identifiable information and requires it to include the total student
enrollment on campus. 

SECTION 9.  (a) Requires the Texas Department of Health (department) to
conduct a study to determine the most effective methods of increasing
immunizations rates.  Requires the department to carry out certain duties
to determine the methods. 

(b) Requires the department, not later than November 1, 2002, to submit a
written report of the results of the study to the lieutenant governor and
the speaker of the house of representatives. 

(c) Authorizes the department, notwithstanding the date specified in
Section 161.0075(a), Health and Safety Code, as added by this Act, to
coordinate the report required under that section with the report of the
study required under this section. 

SECTION 10. Sets forth provisions relating to implementation of this Act.

SECTION 11. Effective date: upon passage or September 1, 2001.