By Green                                              H.B. No. 1702
         77R6538 YDB-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to immunizations and the immunization registry.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Subtitle E, Title 2, Health and Safety Code, is
 1-5     amended by adding Chapter 110 to read as follows:
 1-6             CHAPTER 110.  TEXAS IMMUNIZATION ADVISORY COMMITTEE
 1-7           Sec. 110.001.  DEFINITION. In this chapter, "committee" means
 1-8     the Texas immunization advisory committee.
 1-9           Sec. 110.002.  COMMITTEE ESTABLISHED. The Texas immunization
1-10     advisory committee is established to assist the board and the
1-11     department in the development of procedures, guidelines, and
1-12     policies related to immunizations in this state.
1-13           Sec. 110.003.  COMPOSITION OF COMMITTEE. The committee is
1-14     composed of the following 13 members appointed by the board as
1-15     follows:
1-16                 (1)  one registered nurse;
1-17                 (2)  one epidemiologist;
1-18                 (3)  one school board official;
1-19                 (4)  one local health official;
1-20                 (5)  one physician who is a representative of organized
1-21     medicine;
1-22                 (6)  one physician who is a practicing family
1-23     physician;
1-24                 (7)  one physician who is a practicing pediatrician;
 2-1                 (8)  one pharmacist;
 2-2                 (9)  one representative from a pharmaceutical company
 2-3     that manufactures vaccines administered in this state;
 2-4                 (10)  two parents with children who are residents of
 2-5     this state and who are not, and whose immediate family members are
 2-6     not, affiliated with a business related to immunizations;
 2-7                 (11)  one parent who is a representative of an
 2-8     organization advocating informed consent for immunizations; and
 2-9                 (12)  one parent of a child who has been compensated by
2-10     the National Vaccine Injury Compensation Program established under
2-11     42 U.S.C. Section 300aa-10, as amended.
2-12           Sec. 110.004.  DUTIES.  The committee shall:
2-13                 (1)  evaluate the existing immunization program
2-14     operated by the department and identify needs not met by the
2-15     program;
2-16                 (2)  review the goals and targets of the program;
2-17                 (3)  evaluate ongoing program efforts;
2-18                 (4)  recommend both short-term and long-term goals and
2-19     objectives for the immunization program;
2-20                 (5)  review and evaluate immunization requirements and
2-21     exemptions; and
2-22                 (6)  carry out any other tasks given to the committee
2-23     by the board.
2-24           SECTION 2. Section 161.001(b), Health and Safety Code, is
2-25     amended to read as follows:
2-26           (b)  A person who administers or authorizes the
2-27     administration of a vaccine or immunizing agent is not liable or
 3-1     responsible for the failure to immunize a child because of the
 3-2     failure or refusal of a parent, managing conservator, or guardian
 3-3     to consent to the vaccination or immunization required under this
 3-4     chapter, including the failure or refusal to consent to the
 3-5     immunization because immunization is declined for reasons of
 3-6     conscience or because of a religious belief.  Consent to the
 3-7     vaccination or immunization must be given in the manner authorized
 3-8     by Chapter 32, Family Code.
 3-9           SECTION 3. Section 161.004(d), Health and Safety Code, is
3-10     amended to read as follows:
3-11           (d)  A child is exempt from an immunization required by this
3-12     section if:
3-13                 (1)  [immunization conflicts with the tenets of an
3-14     organized religion to which] a parent, managing conservator, or
3-15     guardian of the child states that the immunization is being
3-16     declined for reasons of conscience or because of a religious belief
3-17     [belongs]; or
3-18                 (2)  the immunization is medically contraindicated
3-19     based on an examination of the child by a physician licensed by any
3-20     state in the United States.
3-21           SECTION 4. Subchapter A, Chapter 161, Health and Safety Code,
3-22     is amended by adding Section 161.0045 to read as follows:
3-23           Sec. 161.0045.  IMMUNIZATION EXEMPTION FORM. (a)  The
3-24     department shall develop and provide an exemption form to a person
3-25     subject to exclusion from a school or facility because the person
3-26     declines a required immunization for reasons of conscience or
3-27     because of a religious belief.
 4-1           (b)  The exemption form must:
 4-2                 (1)  include a statement of the department's position
 4-3     regarding the benefits of immunization;
 4-4                 (2)  include educational information on immunizations
 4-5     and a reference to an Internet website, phone number, and other
 4-6     contact information for the department that provides additional
 4-7     information on the benefits of immunizations and the risks of not
 4-8     being immunized; and
 4-9                 (3)  include a statement indicating the applicant, or
4-10     if a minor, the applicant's parent, managing conservator, or
4-11     guardian understands the benefits of immunizations and the risks of
4-12     not being immunized.
4-13           (c)  The department shall make the exemption form available
4-14     in a printable format on the department's Internet website and
4-15     shall provide the form on request by facsimile transmission, mail,
4-16     or electronic mail.
4-17           SECTION 5. Section 161.007, Health and Safety Code, is
4-18     amended to read as follows:
4-19           Sec. 161.007.  IMMUNIZATION REGISTRY; REPORTS TO DEPARTMENT.
4-20     (a)  The department, for purposes of establishing and maintaining a
4-21     single repository of accurate, complete, and current immunization
4-22     records to be used in aiding, coordinating, and promoting efficient
4-23     and cost-effective childhood communicable disease prevention and
4-24     control efforts, shall establish and maintain a childhood
4-25     immunization registry.  The department by rule shall develop
4-26     guidelines to:
4-27                 (1)  protect the confidentiality of patients in
 5-1     accordance with Chapter 159, Occupations Code [Section 5.08,
 5-2     Medical Practice Act (Article 4495b, Vernon's Texas Civil
 5-3     Statutes)];
 5-4                 (2)  inform a parent, managing conservator, or guardian
 5-5     of each patient about the registry; and
 5-6                 (3)  permit [require the written consent of] a parent,
 5-7     managing conservator, or guardian of a patient to choose to have
 5-8     the patient excluded from [before any information relating to the
 5-9     patient is included in] the registry[; and]
5-10                 [(4)  permit a parent, managing conservator, or
5-11     guardian to withdraw consent for the patient to be included in the
5-12     registry].
5-13           (b)  Except as provided by Section 161.0071, the [The]
5-14     childhood immunization registry must contain information on the
5-15     immunization history that is obtained by the department under this
5-16     section of each person who is younger than 18 years of age [and for
5-17     whom consent has been obtained in accordance with guidelines
5-18     adopted under Subsection (a).  The department shall remove from the
5-19     registry information for any person  for whom consent has been
5-20     withdrawn].
5-21           (c)  An insurance company, a health maintenance organization,
5-22     or another organization that pays or reimburses a claim for an
5-23     immunization of a person younger than 18 years of age shall provide
5-24     an immunization history to the department.  The report shall be in
5-25     a format prescribed by the department, which may include submission
5-26     in writing, by electronic format, or by voice.  An insurance
5-27     company, health maintenance organization, or other organization is
 6-1     not required to provide an immunization history to the department
 6-2     under this subsection for a person excluded from the registry.  The
 6-3     department shall consult with entities required to report under
 6-4     this section to determine the most efficient and cost-effective
 6-5     manner of reporting immunization histories [for whom consent has
 6-6     not been obtained in accordance with guidelines adopted under
 6-7     Subsection (a)  or for whom consent has been withdrawn].
 6-8           (d)  A health care provider who administers an immunization
 6-9     to a person younger than 18 years of age shall provide an
6-10     immunization history to the department unless the immunization
6-11     history is submitted to an insurance company, a health maintenance
6-12     organization, or another organization that pays or reimburses a
6-13     claim for an immunization to a person younger than 18 years of age.
6-14     The report shall be in a format prescribed by the department, which
6-15     may include submission in writing, by electronic means, or by
6-16     voice.  A health care provider is not required to provide an
6-17     immunization history to the department under this subsection for a
6-18     person excluded from the registry.  The department shall consult
6-19     with health care providers to determine the most efficient and
6-20     cost-effective manner of reporting immunization histories [for whom
6-21     consent has not been obtained in accordance with guidelines adopted
6-22     under Subsection (a) or for whom consent has been withdrawn].
6-23           (e)  The department may use the registry to provide notices
6-24     by mail, telephone, personal contact, or other means to a parent,
6-25     managing conservator, or guardian regarding his or her child or
6-26     ward who is due or overdue for a particular type of immunization
6-27     according to the department's immunization schedule.  The notice
 7-1     must contain instructions for the parent, managing conservator, or
 7-2     guardian to request that future notices not be sent and to remove
 7-3     the child's immunization record from the registry and all
 7-4     department files.  The notice must describe the procedure to report
 7-5     a violation if a child is included in the registry after requesting
 7-6     exclusion.  The department shall consult with health care providers
 7-7     to determine the most efficient and cost-effective manner of using
 7-8     the registry to provide those notices.
 7-9           (f)  Nothing in this subchapter [section] diminishes a
7-10     parent's, managing conservator's, or guardian's responsibility for
7-11     having a child immunized properly, subject to Section 161.004(d).
7-12           (g)  A person, including a health care provider, who submits
7-13     or obtains in good faith an immunization history or data to or from
7-14     the department in compliance with the provisions of this subchapter
7-15     [section] and any rules adopted under this subchapter [section] is
7-16     not liable for any civil damages.
7-17           (h)  [Information obtained by the department for the
7-18     immunization registry is confidential and may be disclosed only
7-19     with the written consent of the child's parent, managing
7-20     conservator, or guardian.]
7-21           [(i)]  The board shall adopt rules to implement this
7-22     subchapter [section].
7-23           SECTION 6. Subchapter A, Chapter 161, Health and Safety Code,
7-24     is amended by adding Section 161.0071 to read as follows:
7-25           Sec. 161.0071.  NOTICE OF RECEIPT OF REGISTRY DATA; EXCLUSION
7-26     FROM REGISTRY. (a)  The first time the department receives data for
7-27     a child, the department shall send a written notification to the
 8-1     child's parent, managing conservator, or guardian disclosing:
 8-2                 (1)  that providers and insurers may be sending the
 8-3     child's immunization information to the department, but the
 8-4     department may not keep the information if the parent, managing
 8-5     conservator, or guardian chooses to exclude the child from the
 8-6     registry;
 8-7                 (2)  the information that is included in the registry;
 8-8                 (3)  the persons to whom the information may be
 8-9     released under Section 161.008(d);
8-10                 (4)  the purpose and use of the registry;
8-11                 (5)  the procedure to exclude a child from the
8-12     registry; and
8-13                 (6)  the procedure to report a violation if a parent,
8-14     managing conservator, or guardian discovers a child is included in
8-15     the registry after exclusion has been requested.
8-16           (b)  The department shall destroy all of a child's
8-17     immunization records in the possession of the department and shall
8-18     delete the child's immunization records from the registry and any
8-19     other registry-related department record that individually
8-20     identifies the child, not later than the 30th day after the date
8-21     the department receives from the parent, managing conservator, or
8-22     guardian of the child a written request that the child be excluded
8-23     from the registry.  The department shall maintain only those
8-24     records related to the child necessary to ensure that the child
8-25     continues to be excluded from the registry.
8-26           (c)  The department shall send to a parent, managing
8-27     conservator, or guardian who makes a written request under
 9-1     Subsection (b) a written confirmation of receipt of the  request
 9-2     for exclusion and the exclusion of the child's records from the
 9-3     registry.
 9-4           (d)  The department commits a violation if the department
 9-5     fails to exclude a child from the registry within the period
 9-6     required by Subsection (b).
 9-7           (e)  A parent, managing conservator, or guardian may request
 9-8     that the birth certificate of a child be excluded from the
 9-9     registry.
9-10           (f)  The department shall accept any written indication from
9-11     a parent, managing conservator, or guardian communicating to the
9-12     department that a child should be excluded from the registry,
9-13     including a statement on the child's birth certificate, as a
9-14     request for exclusion under Subsection (b).
9-15           SECTION 7. Subchapter A, Chapter 161, Health and Safety Code,
9-16     is amended by adding Section 161.0072 to read as follows:
9-17           Sec. 161.0072.  REGISTRY CONFIDENTIALITY. (a)  The
9-18     information that individually identifies a child received by the
9-19     department for the immunization registry is confidential and may be
9-20     used by the department for registry purposes only.
9-21           (b)  Unless specifically authorized under this subchapter,
9-22     the department may not release registry information to any
9-23     individual or entity without the consent of the person, or if a
9-24     minor, the parent, managing conservator, or guardian of the child.
9-25           (c)  A person required to report information to the
9-26     department for registry purposes or authorized to receive
9-27     information from the registry, may not disclose the individually
 10-1    identifiable information to any other person without written
 10-2    consent of the parent, managing conservator, or guardian of the
 10-3    child, except as provided by Chapter 159, Occupations Code.
 10-4          (d)  Registry information is not:
 10-5                (1)  subject to discovery, subpoena, or other means of
 10-6    legal compulsion for release to any person or entity except as
 10-7    provided by this subchapter; or
 10-8                (2)  admissible in any civil, administrative, or
 10-9    criminal proceeding.
10-10          SECTION 8. Subchapter A, Chapter 161, Health and Safety Code,
10-11    is amended by adding Section 161.0075 to read as follows:
10-12          Sec. 161.0075.  REPORT TO LEGISLATURE. (a)  The department
10-13    shall  report to the Legislative Budget Board and the governor not
10-14    later than September 30 of each even-numbered year.
10-15          (b)  The department shall use the report required under
10-16    Subsection (a) to develop ways to increase immunization rates using
10-17    state and federal resources.
10-18          (c)  The report must:
10-19                (1)  include the current immunization rates by
10-20    geographic region of the state, where available;
10-21                (2)  focus on the geographic regions of the state with
10-22    immunization rates below the state average for preschool children;
10-23                (3)  describe the approaches identified to increase
10-24    immunization rates in underserved areas and the estimated cost for
10-25    each;
10-26                (4)  identify changes to department procedures needed
10-27    to increase immunization rates;
 11-1                (5)  identify the services provided under and
 11-2    provisions of contracts entered into by the department to increase
 11-3    immunization rates in underserved areas;
 11-4                (6)  identify performance measures used in contracts
 11-5    described by Subdivision (5);
 11-6                (7)  include the number and type of exemptions used in
 11-7    the past year;
 11-8                (8)  include the number of complaints received by the
 11-9    department related to the department's failure to comply with
11-10    requests for exclusion of individuals from the registry; and
11-11                (9)  identify all reported incidents of discrimination
11-12    for requesting exclusion from the registry.
11-13          SECTION 9. Section 161.008, Health and Safety Code, is
11-14    amended by amending Subsections (c) and (d) and adding Subsections
11-15    (e) and (f) to read as follows:
11-16          (c)  The department[, only with the consent of a child's
11-17    parent, managing conservator, or guardian,] may[:]
11-18                [(1)]  obtain the data constituting an immunization
11-19    record for the child from a public health district, a local health
11-20    department, an insurance company, a health maintenance
11-21    organization, or any other organization that pays or reimburses a
11-22    claim for immunization, or any physician, health care professional,
11-23    or health care facility personnel licensed or otherwise authorized
11-24    to administer vaccines.
11-25          (d)  After the 30th day after the date notice was sent by the
11-26    department to the child's parent, managing conservator, or guardian
11-27    under Section 161.0071, the department, if the department has not
 12-1    received a written request to exclude the child from the registry,
 12-2    may:
 12-3                (1)  enter the child into the registry; and [or a
 12-4    physician to the child; or]
 12-5                (2)  release the data constituting an immunization
 12-6    record for the child to any entity in this state that is described
 12-7    by Subsection (c) and is providing immunization services to the
 12-8    child or to [a public health district, a local health department, a
 12-9    physician to the child, or] a school or child care facility in
12-10    which the child is enrolled.
12-11          (e) [(d)]  A parent, managing conservator, or legal guardian
12-12    may obtain and on request to the department shall be provided with
12-13    all individually identifiable immunization registry information
12-14    concerning his or her child or ward.
12-15          (f)  The department may release nonidentifying summary
12-16    statistics related to the registry that do not individually
12-17    identify a child.
12-18          SECTION 10. Section 38.001, Education Code, is amended by
12-19    amending Subsection (c) and adding Subsection (f) to read as
12-20    follows:
12-21          (c)  Immunization is not required for a person's admission to
12-22    any elementary or secondary school if the person applying for
12-23    admission:
12-24                (1)  submits, on request, to the admitting official:
12-25                      (A)  an affidavit, [or a certificate] signed by a
12-26    physician who is duly registered and licensed to practice medicine
12-27    in the United States, in which it is stated that, in the
 13-1    physician's opinion, the immunization required is medically
 13-2    contraindicated based on an examination of the child [would be
 13-3    injurious to the health and well-being of the applicant or any
 13-4    member of the applicant's family or household]; or
 13-5                      (B)  a form provided by the Texas Department of
 13-6    Health in accordance with Section 161.0045, Health and Safety Code,
 13-7    [an affidavit] signed by the applicant or, if a minor, by the
 13-8    applicant's parent or guardian, and notarized, stating that the
 13-9    applicant declines a required immunization for reasons of
13-10    conscience or because of a religious belief [conflicts with the
13-11    tenets and practice of a recognized church or religious
13-12    denomination of which the applicant is an adherent or member],
13-13    except that an applicant admitted to a school without a required
13-14    immunization under this subdivision is subject to exclusion from
13-15    the school [this exemption does not apply] in times of emergency or
13-16    epidemic declared by the commissioner of public health; or
13-17                (2)  is a member of the armed forces of the United
13-18    States and is on active duty.
13-19          (f)  An admitting official of a school may not request the
13-20    submission of an affidavit or form under Subsection (c) more than
13-21    once each year.
13-22          SECTION 11. Section 38.002(a), Education Code, is amended to
13-23    read as follows:
13-24          (a)  Each public school shall keep an individual immunization
13-25    record or a record of personal or religious exemption as permitted
13-26    under Section 38.001(c) during the period of attendance for each
13-27    student admitted.  The school shall submit a report annually to the
 14-1    Texas Department of Health stating the number and type of
 14-2    exemptions on file for children who are attending the school and
 14-3    exercising the exemption.  The records shall be open for inspection
 14-4    at all reasonable times by the Texas Education Agency or by
 14-5    representatives of local health departments or the Texas Department
 14-6    of Health.
 14-7          SECTION 12. Section 51.933, Education Code, is amended by
 14-8    amending Subsection (d) and adding Subsection (f) to read as
 14-9    follows:
14-10          (d)  Immunization [No form of immunization] is not required
14-11    for a person's admission to an institution of higher education if
14-12    the person applying for admission:
14-13                (1)  submits, on request, to the admitting official:
14-14                      (A)  an affidavit, [or a certificate] signed by a
14-15    physician who is duly registered and licensed to practice medicine
14-16    within the United States in which it is stated that, in the
14-17    physician's opinion, the immunization required is medically
14-18    contraindicated based on an examination of the person [would be
14-19    injurious to the health and well-being of the applicant or any
14-20    member of the applicant's family or household]; or
14-21                      (B)  a form provided by the Texas Department of
14-22    Health in accordance with Section 161.0045, Health and Safety Code,
14-23    [an affidavit] signed by the applicant or, if a minor, by the
14-24    applicant's parent or guardian, and notarized, stating that the
14-25    applicant declines a required immunization for reasons of
14-26    conscience or because of a religious belief, except that an
14-27    applicant admitted to an institution without a required
 15-1    immunization under this subdivision is subject to exclusion from
 15-2    the institution in times of emergency or epidemic declared by the
 15-3    commissioner of public health [conflicts with the tenets and
 15-4    practice of a recognized church or religious denomination of which
 15-5    the applicant is an adherent or member]; or
 15-6                (2)  is a member of the armed forces of the United
 15-7    States and is on active duty.
 15-8          (f)  An admitting official of an institution of higher
 15-9    education may not request an affidavit or form under Subsection (d)
15-10    more than once each year.
15-11          SECTION 13. Section 42.043(d), Human Resources Code, is
15-12    amended to read as follows:
15-13          (d)  A facility may refuse admission to a child who has not
15-14    received the required immunization.  Immunization is not [No
15-15    immunization may be] required for admission to a facility regulated
15-16    under this chapter if a person applying for a child's admission
15-17    submits, on request, one of the following [affidavits]:
15-18                (1)  an affidavit signed by a [licensed] physician who
15-19    is duly registered and licensed to practice medicine in the United
15-20    States in which it is stated [stating] that in the physician's
15-21    opinion the immunization required is medically contraindicated
15-22    based on an examination of the child [would be injurious to the
15-23    health and well-being of the child or a member of the child's
15-24    family or household]; or
15-25                (2)  a form provided by the Texas Department of Health
15-26    in accordance with Section 161.0045, Health and Safety Code, [an
15-27    affidavit] signed by the child's parent or guardian, and notarized,
 16-1    stating that the applicant declines a required immunization for
 16-2    reasons of conscience or because of a religious belief, except that
 16-3    an applicant admitted to a facility without a required immunization
 16-4    under this subdivision is subject to exclusion from the facility in
 16-5    times of emergency or epidemic declared by the commissioner of
 16-6    public health [conflicts with the tenets and practices of a
 16-7    recognized religious organization of which the applicant is an
 16-8    adherent or a member].
 16-9          SECTION 14. (a)  The Texas Board of Health shall appoint the
16-10    members of the Texas immunization advisory committee not later than
16-11    September 1, 2001.
16-12          (b)  As soon as practicable, but not later than August 1,
16-13    2002, the Texas Board of Health shall:
16-14                (1)  adopt rules necessary to implement procedure for
16-15    excluding children from the immunization registry required by this
16-16    Act; and
16-17                (2)  make available for use the form for requesting
16-18    exclusion from the immunization registry required under Section
16-19    161.0045, Health and Safety Code, as added by this Act.
16-20          (c)  The report required under Section 161.007(c), Health and
16-21    Safety Code, as amended by this Act, and the data obtained or
16-22    released under Section 161.008, Health and Safety Code, as amended
16-23    by this Act, may not be accepted or released by the Texas
16-24    Department of Health until the department has adopted rules and
16-25    prescribed the forms required by this Act.
16-26          SECTION 15.  This Act takes effect immediately if it receives
16-27    a vote of two-thirds of all the members elected to each house, as
 17-1    provided by Section 39, Article III, Texas Constitution.  If this
 17-2    Act does not receive the vote necessary for immediate effect, this
 17-3    Act takes effect September 1, 2001.