1-1     By:  Moncrief                                         S.B. No. 1237
 1-2           (In the Senate - Filed March 7, 2001; March 12, 2001, read
 1-3     first time and referred to Committee on Health and Human Services;
 1-4     May 7, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 5, Nays 1; May 7, 2001,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1237                By:  Moncrief
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to immunizations and the immunization registry.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  The legislature finds that vaccination represents
1-13     an important aspect of public health programs and has been shown to
1-14     be one of the most efficient tools available for suppressing
1-15     disease.  Vaccinations protect individuals from certain diseases
1-16     and, when combined with appropriate education, help the community
1-17     by reducing the spread of infectious agents.  When implemented
1-18     effectively and responsibly, vaccination can provide an overall
1-19     protection for communities.
1-20           SECTION 2.  Section 161.007, Health and Safety Code, is
1-21     amended to read as follows:
1-22           Sec. 161.007.  IMMUNIZATION REGISTRY; REPORTS TO DEPARTMENT.
1-23     (a)  The department, for purposes of establishing and maintaining a
1-24     single repository of accurate, complete, and current immunization
1-25     records to be used in aiding, coordinating, and promoting efficient
1-26     and cost-effective childhood communicable disease prevention and
1-27     control efforts, shall establish and maintain a childhood
1-28     immunization registry.  The department by rule shall develop
1-29     guidelines to:
1-30                 (1)  protect the confidentiality of registrants in
1-31     accordance with state and federal law [patients in accordance with
1-32     Section 5.08, Medical Practice Act (Article 4495b, Vernon's Texas
1-33     Civil Statutes)];
1-34                 (2)  inform a parent, managing conservator, or guardian
1-35     of each registrant [patient] about the registry;
1-36                 (3)  permit [require the written consent of] a parent,
1-37     managing conservator, or guardian of a registrant to choose in
1-38     writing to have the registrant excluded from [patient before any
1-39     information relating to the patient is included in] the registry;
1-40     and
1-41                 (4)  encourage schools to apply for a Texas Department
1-42     of Health ImmTrac user number to enable an authorized school
1-43     employee to:
1-44                       (A)  track the immunization records of students
1-45     enrolled at the school and included in the registry; and
1-46                       (B)  verify whether a child has received the
1-47     required vaccinations [permit a parent, managing conservator, or
1-48     guardian to withdraw consent for the patient to be included in the
1-49     registry].
1-50           (b)  Except as provided by Section 161.0071, the [The]
1-51     childhood immunization registry must contain information on the
1-52     immunization history that is obtained by the department under this
1-53     section of each person who is younger than 18 years of age [and for
1-54     whom consent has been obtained in accordance with guidelines
1-55     adopted under Subsection (a).  The department shall remove from the
1-56     registry information for any person for whom consent has been
1-57     withdrawn].
1-58           (c)  An insurance company, a health maintenance organization,
1-59     or another organization that pays or reimburses a claim for an
1-60     immunization of a person younger than 18 years of age shall provide
1-61     an immunization history to the department.  The report shall
1-62     contain the elements prescribed by the department.  The report may
1-63     be submitted in writing or by electronic means [An insurance
1-64     company, health maintenance organization, or other organization is
 2-1     not required to provide an immunization history to the department
 2-2     under this subsection for a person for whom consent has not been
 2-3     obtained in accordance with guidelines adopted under Subsection (a)
 2-4     or for whom consent has been withdrawn].
 2-5           (d)  A health care provider who administers an immunization
 2-6     to a person younger than 18 years of age shall provide an
 2-7     immunization history to the department unless the immunization
 2-8     history is submitted to an insurance company, a health maintenance
 2-9     organization, or another organization that pays or reimburses a
2-10     claim for an immunization to a person younger than 18 years of age.
2-11     The report shall contain the elements [be in a format] prescribed
2-12     by the department.  The report may be submitted[, which may include
2-13     submission] in writing or[,] by electronic means[, or by voice].
2-14     [A health care provider is not required to provide an immunization
2-15     history to the department under this subsection for a person for
2-16     whom consent has not been obtained in accordance with guidelines
2-17     adopted under Subsection (a) or for whom consent has been
2-18     withdrawn.]
2-19           (e)  The department may use the registry to provide notices
2-20     by mail, telephone, personal contact, or other means to a parent,
2-21     managing conservator, or guardian regarding his or her child or
2-22     ward who is due or overdue for a particular type of immunization
2-23     according to the department's immunization schedule.  The notice
2-24     must contain instructions for the parent, managing conservator, or
2-25     guardian to request that future notices not be sent and to remove
2-26     the child's immunization record from the registry and any other
2-27     registry-related record that individually identifies the child.
2-28     The notice must describe the procedure to report a violation if a
2-29     child is included in the registry after the submission of a written
2-30     request for exclusion.  The department shall consult with health
2-31     care providers to determine the most efficient and cost-effective
2-32     manner of using the registry to provide those notices.
2-33           (f)  Nothing in this subchapter [section] diminishes a
2-34     parent's, managing conservator's, or guardian's responsibility for
2-35     having a child immunized properly, subject to Section 161.004(d).
2-36           (g)  A person, including a health care provider or an
2-37     insurance company, a health maintenance organization, or another
2-38     organization that pays or reimburses a claim for immunization, who
2-39     submits or obtains in good faith an immunization history or data to
2-40     or from the department in compliance with the provisions of this
2-41     subchapter [section] and any rules adopted under this subchapter
2-42     [section] is not liable for any civil damages.
2-43           (h)  [Information obtained by the department for the
2-44     immunization registry is confidential and may be disclosed only
2-45     with the written consent of the child's parent, managing
2-46     conservator, or guardian.]
2-47           [(i)]  The board shall adopt rules to implement this
2-48     subchapter [section].
2-49           SECTION 3.  Subchapter A, Chapter 161, Health and Safety
2-50     Code, is amended by adding Section 161.0071 to read as follows:
2-51           Sec. 161.0071.  NOTICE OF RECEIPT OF REGISTRY DATA; EXCLUSION
2-52     FROM REGISTRY.  (a)  The first time the department receives
2-53     registry data for a child, the department shall send a written
2-54     notification to the child's parent, managing conservator, or
2-55     guardian disclosing:
2-56                 (1)  that providers and insurers may be sending the
2-57     child's immunization information to the department, but the
2-58     department may not keep the information if the parent, managing
2-59     conservator, or guardian chooses to exclude the child from the
2-60     registry;
2-61                 (2)  the information that is included in the registry;
2-62                 (3)  the persons to whom the information may be
2-63     released under Section 161.008(d);
2-64                 (4)  the purpose and use of the registry;
2-65                 (5)  the procedure to exclude a child from the
2-66     registry; and
2-67                 (6)  the procedure to report a violation if a parent,
2-68     managing conservator, or guardian discovers a child is included in
2-69     the registry after exclusion has been requested.
 3-1           (b)  The department shall delete the child's immunization
 3-2     records from the registry and any other registry-related department
 3-3     record that individually identifies the child, not later than the
 3-4     30th day after the date the department receives from the parent,
 3-5     managing conservator, or guardian of the child a written request
 3-6     that the child be excluded from the registry.  The department shall
 3-7     maintain only those records related to the child necessary to
 3-8     ensure that the child continues to be excluded from the registry
 3-9     and may not release the identity of a child excluded from the
3-10     registry.
3-11           (c)  The department shall send to a parent, managing
3-12     conservator, or guardian who makes a written request under
3-13     Subsection (b) a written confirmation of receipt of the request for
3-14     exclusion and the exclusion of the child's records from the
3-15     registry.
3-16           (d)  The department commits a violation if the department
3-17     fails to exclude a child from the registry within the period
3-18     required by Subsection (b).
3-19           (e)  The department shall accept a written statement from a
3-20     parent, managing conservator, or guardian communicating to the
3-21     department that a child should be excluded from the registry,
3-22     including a statement on the child's birth certificate, as a
3-23     request for exclusion under Subsection (b).
3-24           SECTION 4.  Subchapter A, Chapter 161, Health and Safety
3-25     Code, is amended by adding Section 161.0072 to read as follows:
3-26           Sec. 161.0072.  REGISTRY CONFIDENTIALITY.  (a)  The
3-27     information that individually identifies a child received by the
3-28     department for the immunization registry is confidential and may be
3-29     used by the department for registry purposes only.
3-30           (b)  Unless specifically authorized under this subchapter,
3-31     the department may not release registry information to any
3-32     individual or entity without the consent of the person or, if a
3-33     minor, the parent, managing conservator, or guardian of the child.
3-34           (c)  A person required to report information to the
3-35     department for registry purposes or authorized to receive
3-36     information from the registry may not disclose the individually
3-37     identifiable information to any other person without written
3-38     consent of the parent, managing conservator, or guardian of the
3-39     child, except as provided by Chapter 159, Occupations Code.
3-40           (d)  Registry information is not:
3-41                 (1)  subject to discovery, subpoena, or other means of
3-42     legal compulsion for release to any person or entity except as
3-43     provided by this subchapter; or
3-44                 (2)  admissible in any civil, administrative, or
3-45     criminal proceeding.
3-46           SECTION 5.  Subchapter A, Chapter 161, Health and Safety
3-47     Code, is amended by adding Section 161.0075 to read as follows:
3-48           Sec. 161.0075.  REPORT TO LEGISLATURE.  (a)  The department
3-49     shall report to the Legislative Budget Board, the governor, the
3-50     lieutenant governor, the speaker of the house of representatives,
3-51     and appropriate committees of the legislature not later than
3-52     September 30 of each even-numbered year.
3-53           (b)  The department shall use the report required under
3-54     Subsection (a) to develop ways to increase immunization rates using
3-55     state and federal resources.
3-56           (c)  The report must:
3-57                 (1)  include the current immunization rates by
3-58     geographic region of the state, where available;
3-59                 (2)  focus on the geographic regions of the state with
3-60     immunization rates below the state average for preschool children;
3-61                 (3)  describe the approaches identified to increase
3-62     immunization rates in underserved areas and the estimated cost for
3-63     each;
3-64                 (4)  identify changes to department procedures needed
3-65     to increase immunization rates;
3-66                 (5)  identify the services provided under and
3-67     provisions of contracts entered into by the department to increase
3-68     immunization rates in underserved areas;
3-69                 (6)  identify performance measures used in contracts
 4-1     described by Subdivision (5);
 4-2                 (7)  include the number and type of exemptions used in
 4-3     the past year;
 4-4                 (8)  include the number of complaints received by the
 4-5     department related to the department's failure to comply with
 4-6     requests for exclusion of individuals from the registry; and
 4-7                 (9)  identify all reported incidents of discrimination
 4-8     for requesting exclusion from the registry or for using an
 4-9     exemption for a required immunization.
4-10           SECTION 6.  Section 161.008, Health and Safety Code, is
4-11     amended by amending Subsections (c) and (d) and adding Subsections
4-12     (e) through (h) to read as follows:
4-13           (c)  The department[, only with the consent of a child's
4-14     parent, managing conservator, or guardian,] may[:]
4-15                 [(1)]  obtain the data constituting an immunization
4-16     record for the child from a public health district, a local health
4-17     department, an insurance company, a health maintenance
4-18     organization, or any other organization that pays or reimburses a
4-19     claim for immunization, or any physician, health care professional,
4-20     or health care facility personnel licensed or otherwise authorized
4-21     to administer vaccines.
4-22           (d)  After the 30th day after the date notice was sent by the
4-23     department to the child's parent, managing conservator, or guardian
4-24     under Section 161.0071, the department, if the department has not
4-25     received a written request to exclude the child from the registry,
4-26     shall:
4-27                 (1)  enter the child into the registry; and [or a
4-28     physician to the child; or]
4-29                 (2)  release the data constituting an immunization
4-30     record for the child to any entity in this state that is described
4-31     by Subsection (c) and is providing immunization services to the
4-32     child or is paying or reimbursing a claim for an immunization for
4-33     the child, to [a public health district, a local health department,
4-34     a physician to the child, or] a school or child care facility in
4-35     which the child is enrolled, or to a state agency responsible for
4-36     the health care of the child.
4-37           (e) [(d)]  A parent, managing conservator, or legal guardian
4-38     may obtain and on request to the department shall be provided with
4-39     all individually identifiable immunization registry information
4-40     concerning his or her child or ward.
4-41           (f)  The department may release nonidentifying summary
4-42     statistics related to the registry that do not individually
4-43     identify a child.
4-44           (g)  The department may not release individually identifiable
4-45     information under Subsection (d)(2) to an entity outside of this
4-46     state.
4-47           (h)  The department shall develop a secure Internet-based
4-48     system to allow a school that has obtained an ImmTrac user number
4-49     to verify whether a child has received the vaccinations required by
4-50     Sections 38.001 and 51.933, Education Code.  Except as provided by
4-51     board rules, a school that obtains an ImmTrac user number for this
4-52     purpose may not require verification of vaccination of a child from
4-53     the child's parent, managing conservator, or guardian.
4-54           SECTION 7.  Subsection (a), Section 161.009, Health and
4-55     Safety Code, is amended to read as follows:
4-56           (a)  A person commits an offense if the person:
4-57                 (1)  negligently releases or discloses immunization
4-58     registry information in violation of Section 161.007, 161.0071,
4-59     161.0072, or 161.008; or
4-60                 (2)  negligently uses the information in the
4-61     immunization registry to solicit new patients or clients or for
4-62     other purposes that are not associated with immunization purposes,
4-63     unless authorized under this section.
4-64           SECTION 8.  Subsection (a), Section 38.002, Education Code,
4-65     is amended to read as follows:
4-66           (a)  Each public school shall keep an individual immunization
4-67     record or a record of the number and type of exemptions as
4-68     permitted under Section 38.001(c) during the period of attendance
4-69     for each student admitted.  The school shall annually submit a
 5-1     report on a form prescribed by the Texas Department of Health to
 5-2     the department stating the number and type of exemptions on file
 5-3     for children who are attending the school and exercising the
 5-4     exemption.  The report may not include individually identifiable
 5-5     information.  The report must include the total student enrollment
 5-6     on campus.  The records shall be open for inspection at all
 5-7     reasonable times by the Texas Education Agency or by
 5-8     representatives of local health departments or the Texas Department
 5-9     of Health.
5-10           SECTION 9.  (a)  The Texas Department of Health shall conduct
5-11     a study to determine the most effective methods of increasing
5-12     immunization rates.  To determine the methods, the department
5-13     shall:
5-14                 (1)  identify and analyze existing and proposed
5-15     immunization outreach strategies of this state and other states;
5-16                 (2)  analyze the effect exemptions, including medical
5-17     and religious exemptions, have on the immunization rate;
5-18                 (3)  identify and analyze the advantages,
5-19     disadvantages, and feasibility of expanding exemption policies;
5-20                 (4)  identify and analyze the benefits and the
5-21     financial and disease-related costs encountered by other states
5-22     after the implementation of an expanded exemption policy,
5-23     including:
5-24                       (A)  a comparison of immunization rates before
5-25     and after the adoption of expanded exemptions; and
5-26                       (B)  specific details of other states' statutes;
5-27                 (5)  analyze the capacity of individual vaccines to
5-28     reduce the occurrence of disease and the risk factors associated
5-29     with individual vaccines;
5-30                 (6)  analyze current immunization research conducted by
5-31     leading health organizations and government programs; and
5-32                 (7)  determine if a correlation exists between
5-33     immunization rates and exemption options.
5-34           (b)  The Texas Department of Health shall submit, not later
5-35     than November 1, 2002, a written report of the results of the study
5-36     to the lieutenant governor and the speaker of the house of
5-37     representatives.
5-38           (c)  Notwithstanding the date specified in Subsection (a),
5-39     Section 161.0075, Health and Safety Code, as added by this Act, the
5-40     Texas Department of Health may coordinate the report required under
5-41     that section with the report of the study required under this
5-42     section.
5-43           SECTION 10.  (a)  As soon as practicable, but not later than
5-44     August 1, 2002, the Texas Board of Health shall:
5-45                 (1)  adopt rules necessary to implement the procedure
5-46     for excluding children from the immunization registry required by
5-47     this Act; and
5-48                 (2)  make available for use a form for requesting
5-49     exclusion from the immunization registry required under Section
5-50     161.0071, Health and Safety Code, as added by this Act.
5-51           (b)  The report required under Subsection (c), Section
5-52     161.007, Health and Safety Code, as amended by this Act, and the
5-53     data obtained or released under Section 161.008, Health and Safety
5-54     Code, as amended by this Act, may not be accepted or released by
5-55     the Texas Department of Health until the department has adopted
5-56     rules and prescribed the forms required by this Act.
5-57           SECTION 11.  This Act takes effect immediately if it receives
5-58     a vote of two-thirds of all the members elected to each house, as
5-59     provided by Section 39, Article III, Texas Constitution.  If this
5-60     Act does not receive the vote necessary for immediate effect, this
5-61     Act takes effect September 1, 2001.
5-62                                  * * * * *