78R7641 MCK-D

By:  Corte                                                        H.B. No. 2842



A BILL TO BE ENTITLED

AN ACT

relating to the immunization registry.                                        
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 161.007(a) and (d), Health and Safety 
Code, are amended to read as follows:
	(a)  The department, for purposes of establishing and 
maintaining a single repository of accurate, complete, and current 
immunization records to be used in aiding, coordinating, and 
promoting efficient and cost-effective childhood communicable 
disease prevention and control efforts, shall establish and 
maintain a childhood immunization registry.  The department by rule 
shall develop guidelines to:
		(1)  protect the confidentiality of patients in 
accordance with Sections [Section] 159.002 and 159.005, 
Occupations Code;
		(2)  inform a parent, managing conservator, or guardian 
of each patient about the registry;
		(3)  require the written consent of a parent, managing 
conservator, or guardian of a patient before any information 
relating to the patient is released to the department or included in 
the registry; and
		(4)  permit a parent, managing conservator, or guardian 
to withdraw consent for the patient to be included in the registry.
	(d)  A health care provider who administers an immunization 
to a person younger than 18 years of age shall provide an 
immunization history to the department [unless the immunization 
history is submitted to an insurance company, a health maintenance 
organization, or another organization that pays or reimburses a 
claim for an immunization to a person younger than 18 years of age].  
The report shall be in a format prescribed by the department, which 
may include submission in writing, by electronic means, including 
over the Internet, or by voice.  A health care provider may [is] not 
[required to] provide an immunization history to the department 
under this subsection for a person for whom consent has not been 
obtained in accordance with guidelines adopted under Subsection (a) 
or for whom consent has been withdrawn.
	SECTION 2.  Subchapter A, Chapter 161, Health and Safety 
Code, is amended by adding Section 161.0071 to read as follows:
	Sec. 161.0071.  PROVIDING IMMUNIZATION INFORMATION TO 
DEPARTMENT.  (a)  If the parent, managing conservator, or guardian 
of a child has reasonable concern that the child's health care 
provider is not submitting the immunization history to the 
department and the parent, managing conservator, or guardian wants 
the child included in the registry, the parent, managing 
conservator, or guardian may provide the child's immunization 
history directly to the department to be included in the 
immunization registry.
	(b)  The parent, managing conservator, or guardian of a child  
may send evidence of the child's immunization history to the 
department by facsimile transmission or by mail.  The evidence may 
include a copy of:
		(1)  the child's medical record indicating the 
immunization history; 
		(2)  an invoice from a health care provider for the 
immunization; or 
		(3)  documentation showing that a claim for the 
immunization was paid by an insurance company, a health maintenance 
organization, or another organization that pays or reimburses 
claims.
	(c)  The department may not enter in the immunization 
registry a child's immunization history that is submitted directly 
to the department by the child's parent, managing conservator, or 
guardian unless it is accompanied by a written consent signed by the 
parent, managing conservator, or guardian.
	SECTION 3.  Section 161.008(c), Health and Safety Code, is 
amended to read as follows:
	(c)  The department, only with the consent of a child's 
parent, managing conservator, or guardian, may:
		(1)  obtain the data constituting an immunization 
record for the child from a public health district, a local health 
department, [or] a health care provider who administers an 
immunization to the child, or the child's parent, managing 
conservator, or guardian [physician to the child]; or
		(2)  release the data constituting an immunization 
record for the child to a public health district, a local health 
department, a health care provider who administers an immunization
[physician] to the child, or a school or child care facility in 
which the child is enrolled.
	SECTION 4.  Section 161.007(c), Health and Safety Code, is 
repealed.         
	SECTION 5.  This Act takes effect September 1, 2003.