By Coleman                                            H.B. No. 2160
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the immunization registry.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 161.007, Health and Safety Code, is
 1-5     amended to read as follows:
 1-6           Sec. 161.007.  Immunization Registry; Reports to Department.
 1-7     (a)  The department, for purposes of establishing and maintaining a
 1-8     single repository of accurate, complete, and current immunization
 1-9     records to be used in aiding, coordinating, and promoting efficient
1-10     and cost-effective childhood communicable disease prevention and
1-11     control efforts, shall establish and maintain a childhood
1-12     immunization registry.  The department by rule shall develop
1-13     guidelines to:
1-14                 (1)  protect the confidentiality of patients in
1-15     accordance with Chapter 159, Occupations Code [Section 5.08,
1-16     Medical Practice Act (Article 4495b, Vernon's Texas Civil
1-17     Statutes)];
1-18                 (2)  inform a parent, managing conservator, or guardian
1-19     of each patient about the registry; and
1-20                 (3)  permit [require the written consent of] a parent,
1-21     managing conservator, or guardian of a patient to choose to have
1-22     the patient excluded from [before any information relating to the
 2-1     patient is included in] the registry[; and]
 2-2                 [(4)  permit a parent, managing conservator, or
 2-3     guardian to withdraw consent for the patient to be included in the
 2-4     registry].
 2-5           (b)  Except as provided by Section 161.0071, the [The]
 2-6     childhood immunization registry must contain information on the
 2-7     immunization history that is obtained by the department under this
 2-8     section of each person who is younger than 18 years of age [and for
 2-9     whom consent has been obtained in accordance with guidelines
2-10     adopted under Subsection (a).  The department shall remove from the
2-11     registry information for any person for whom consent has been
2-12     withdrawn].
2-13           (c)  An insurance company, a health maintenance organization,
2-14     or another organization that pays or reimburses a claim for an
2-15     immunization of a person younger than 18 years of age shall provide
2-16     an immunization history to the department.  The report shall be in
2-17     a format prescribed by the department, which may include submission
2-18     in writing, by electronic format, or by voice.  An insurance
2-19     company, health maintenance organization, or other organization is
2-20     not required to provide an immunization history to the department
2-21     under this subsection for a person excluded from the registry.  The
2-22     department shall consult with entities required to report under
2-23     this section to determine the most efficient and cost-effective
2-24     manner of reporting immunization histories [for whom consent has
2-25     not been obtained in accordance with guidelines adopted under
2-26     Subsection (a) or for whom consent has been withdrawn].
 3-1           (d)  A health care provider, including an emergency medical
 3-2     service provider, who administers an immunization to a person
 3-3     younger than 18 years of age shall provide an immunization history
 3-4     to the department unless the immunization history is submitted to
 3-5     an insurance company, a health maintenance organization, or another
 3-6     organization that pays or reimburses a claim for an immunization to
 3-7     a person younger than 18 years of age.  The report shall be in a
 3-8     format prescribed by the department, which may include submission
 3-9     in writing, by electronic means, or by voice.  A health care
3-10     provider, including an emergency medical service provider is not
3-11     required to provide an immunization history to the department under
3-12     this subsection for a person excluded from the registry.  The
3-13     department shall consult with health care providers, including
3-14     emergency medical service providers, to determine the most
3-15     efficient and cost-effective manner of reporting immunization
3-16     histories [for whom consent has not been obtained in accordance
3-17     with guidelines adopted under Subsection (a) or for whom consent
3-18     has been withdrawn].
3-19           (e)  The department may use the registry to provide notices
3-20     by mail, telephone, personal contact, or other means to a parent,
3-21     managing conservator, or guardian regarding his or her child or
3-22     ward who is due or overdue for a particular type of immunization
3-23     according to the department's immunization schedule.  The notice
3-24     must contain instructions for the parent, managing conservator, or
3-25     guardian to request that future notices not be sent and to remove
3-26     the child's immunization record from the registry and any other
 4-1     registry related records.  The notice must describe the procedure
 4-2     to report a violation if a child is included in the registry after
 4-3     requesting exclusion.  The department shall consult with health
 4-4     care providers, including emergency medical service providers, to
 4-5     determine the most efficient and cost-effective manner of using the
 4-6     registry to provide those notices.
 4-7           (f)  Nothing in this subchapter [section] diminishes a
 4-8     parent's, managing conservator's, or guardian's responsibility for
 4-9     having a child immunized properly, subject to Section 161.004(d).
4-10           (g)  A person, including a health care provider, an emergency
4-11     medical service provider, health maintenance organization, or an
4-12     insurance company, who submits or obtains in good faith an
4-13     immunization history or data to or from the department in
4-14     compliance with the provisions of this subchapter [section] and any
4-15     rules adopted under this subchapter [section] is not liable for any
4-16     civil damages.
4-17           (h)  [Information obtained by the department for the
4-18     immunization registry is confidential and may be disclosed only
4-19     with the written consent of the child's parent, managing
4-20     conservator, or guardian.]
4-21           [(i)]  The board shall adopt rules to implement this
4-22     subchapter [section].
4-23           SECTION 2.  Subchapter A, Chapter 161, Health and Safety
4-24     Code, is amended by adding Section 161.0071 to read as follows:
4-25           Sec. 161.0071.  NOTICE OF RECEIPT OF REGISTRY DATA; EXCLUSION
4-26     FROM REGISTRY.  (a)  The first time the department receives data
 5-1     for a child, the department shall send a written notification to
 5-2     the child's parent, managing conservator, or guardian disclosing:
 5-3                 (1)  that providers and insurers may be sending the
 5-4     child's immunization information to the department, but the
 5-5     department may not keep the information if the parent, managing
 5-6     conservator, or guardian chooses to exclude the child from the
 5-7     registry;
 5-8                 (2)  the information that is included in the registry;
 5-9                 (3)  the persons to whom the information may be
5-10     released under Section 161.008(d);
5-11                 (4)  the purpose and use of the registry;
5-12                 (5)  the procedure to exclude a child from the
5-13     registry; and
5-14                 (6)  the procedure to report a violation if a parent,
5-15     managing conservator, or guardian discovers a child is included in
5-16     the registry after exclusion has been requested.
5-17           (b)  The department shall delete the child's immunization
5-18     records from the registry and any other registry-related department
5-19     record that individually identifies the child, not later than the
5-20     30th day after the date the department receives from the parent,
5-21     managing conservator, or guardian of the child a written request
5-22     that the child be excluded from the registry.  The department shall
5-23     maintain only those records related to the child necessary to
5-24     ensure that the child continues to be excluded from the registry.
5-25           (c)  The department shall send to a parent, managing
5-26     conservator, or guardian who makes a written request under
 6-1     Subsection (b) a written confirmation of receipt of the request for
 6-2     exclusion and the exclusion of the child's records from the
 6-3     registry.
 6-4           (d)  The department commits a violation if the department
 6-5     fails to exclude a child from the registry within the period
 6-6     required by Subsection (b).
 6-7           (e)  A parent, managing conservator, or guardian may request
 6-8     that the birth certificate of a child be excluded from the
 6-9     registry.
6-10           (f)  The department shall accept any written indication from
6-11     a parent, managing conservator, or guardian communicating to the
6-12     department that a child should be excluded from the registry,
6-13     including a statement on the child's birth certificate, as a
6-14     request for exclusion under Subsection (b).
6-15           SECTION 3.  Subchapter A, Chapter 161, Health and Safety
6-16     Code, is amended by adding Section 161.0072 to read as follows:
6-17           Sec. 161.0072.  REGISTRY CONFIDENTIALITY.  (a)  The
6-18     information that individually identifies a child received by the
6-19     department for the immunization registry is confidential and may be
6-20     used by the department for registry purposes only.
6-21           (b)  Unless specifically authorized under this subchapter,
6-22     the department may not release registry information to any
6-23     individual or entity without the consent of the person, or if a
6-24     minor, the parent, managing conservator, or guardian of the child.
6-25           (c)  A person required to report information to the
6-26     department for registry purposes or authorized to receive
 7-1     information from the registry, may not disclose the individually
 7-2     identifiable information to any other person without written
 7-3     consent of the parent, managing conservator, or guardian of the
 7-4     child, except as provided by Chapter 159, Occupations Code.
 7-5           (d)  Registry information is not:
 7-6                 (1)  subject to discovery, subpoena, or other means of
 7-7     legal compulsion for release to any person or entity except as
 7-8     provided by this subchapter; or
 7-9                 (2)  admissible in any civil, administrative, or
7-10     criminal proceeding.
7-11           SECTION 4.  Subchapter A, Chapter 161, Health and Safety
7-12     Code, is amended by adding Section 161.0075 to read as follows:
7-13           Sec. 161.0075.  REPORT TO LEGISLATURE. (a)  The department
7-14     shall report to the Legislative Budget Board, the governor, the
7-15     lieutenant governor, the speaker of the house and the appropriate
7-16     health committees of the house and senate not later than December 1
7-17     of each even-numbered year.
7-18           (b)  The department shall use the report required under
7-19     Subsection (a) to develop ways to increase immunization rates using
7-20     state and federal resources.
7-21           (c)  The report must:
7-22                 (1)  include the current immunization rates by
7-23     geographic region of the state, where available;
7-24                 (2)  focus on the geographic regions of the state with
7-25     immunization rates below the state average for preschool children;
7-26                 (3)  describe the approaches identified to increase
 8-1     immunization rates in underserved areas and the estimated cost for
 8-2     each;
 8-3                 (4)  identify changes to department procedures needed
 8-4     to increase immunization rates;
 8-5                 (5)  identify the services provided under and
 8-6     provisions of contracts entered into by the department to increase
 8-7     immunization rates in underserved areas;
 8-8                 (6)  identify performance measures used in contracts
 8-9     described by Subdivision (5);
8-10                 (7)  include the number of complaints received by the
8-11     department related to the department's failure to comply with
8-12     requests for exclusion of individuals from the registry; and
8-13                 (8)  identify all reported incidents of discrimination
8-14     for requesting exclusion from the registry.
8-15           SECTION 5.  Section 161.008, Health and Safety Code, is
8-16     amended by amending Subsections (c) and (d) and adding Subsections
8-17     (e), [and] (f), (g) and (h) to read as follows:
8-18           (c)  The department[, only with the consent of a child's
8-19     parent, managing conservator, or guardian,] may[:]
8-20                 [(1)]  obtain the data constituting an immunization
8-21     record for the child from a public health district, a local health
8-22     department, an insurance company, a health maintenance organization
8-23     or any other organization that pays or reimburses a claim for
8-24     immunization, or any physician, health care professional, emergency
8-25     medical service provider or health care facility personnel licensed
8-26     or otherwise authorized to administer vaccines.
 9-1           (d)  After the 30th day after the date notice was sent by the
 9-2     department to the child's parent, managing conservator, or guardian
 9-3     under Section 161.0071, the department, if the department has not
 9-4     received a written request to exclude the child from the registry,
 9-5     may:
 9-6                 (1)  enter the child into the registry; and [or a
 9-7     physician to the child; or]
 9-8                 (2)  release the data constituting an immunization
 9-9     record for the child to any entity in this state that is described
9-10     by Subsection (c) and is providing immunization services to the
9-11     child or to [a public health district, a local health department, a
9-12     physician to the child, or] a school or child care facility in
9-13     which the child is enrolled.
9-14           (e) [(d)]  A parent, managing conservator, or legal guardian
9-15     may obtain and on request to the department shall be provided with
9-16     all individually identifiable immunization registry information
9-17     concerning his or her child or ward.
9-18           (f)  The department may release nonidentifying summary
9-19     statistics related to the registry that do not individually
9-20     identify a child.
9-21           (g)  The department may develop a secure internet-based
9-22     system by which a school or child-care facility may verify a
9-23     child's immunization record for immunizations required by sections
9-24     38.001 and 51.933, Education Code.
9-25           (h)  The department may share with other state health
9-26     departments information relating to the registry that does not
 10-1    individually identify any child.
 10-2          SECTION 6.  (c)  The report required under Section
 10-3    161.007(c), Health and Safety Code, as amended by this Act, and the
 10-4    data obtained or released under Section 161.008, Health and Safety
 10-5    Code, as amended by this Act, may not be accepted or released by
 10-6    the Texas Department of Health until the department has adopted
 10-7    rules and prescribed the forms required by this Act.
 10-8          SECTION 7.  This Act takes effect immediately if it receives
 10-9    a vote of two-thirds of all the members elected to each house, as
10-10    provided by Section 39, Article III, Texas Constitution.  If this
10-11    Act does not receive the vote necessary for immediate effect, this
10-12    Act takes effect September 1, 2001.