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A BILL TO BE ENTITLED
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AN ACT
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relating to the immunization registry. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 161.007, Health and Safety Code, is |
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amended by amending Subsections (a), (b), (c), (d), and (f) to read |
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as follows: |
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(a) The department, for purposes of establishing and |
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maintaining a single repository of accurate, complete, and current |
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immunization records to be used in aiding, coordinating, and |
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promoting efficient and cost-effective childhood communicable |
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disease prevention and control efforts, shall establish and |
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maintain a childhood immunization registry. The department by rule |
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shall develop guidelines to: |
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(1) protect the confidentiality of patients in |
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accordance with Section 159.002, Occupations Code; |
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(2) inform a parent, managing conservator, or guardian |
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of each patient about the registry; and |
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(3) permit [require the written consent of] a parent, |
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managing conservator, or guardian of a patient to choose to have the |
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patient excluded from [before any information relating to the
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patient is included in] the registry[; and
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[(4) permit a parent, managing conservator, or
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guardian to withdraw consent for the patient to be included in the
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registry]. |
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(b) Except as provided by Section 161.0071, the [The] |
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childhood immunization registry must contain information on the |
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immunization history that is obtained by the department under this |
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section of each person who is younger than 18 years of age [and for
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whom consent has been obtained in accordance with guidelines
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adopted under Subsection (a). The department shall remove from the
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registry information for any person for whom consent has been
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withdrawn]. The department may not retain individually |
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identifiable information about any person for whom a request to be |
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excluded from the registry has been received [consent has been
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withdrawn]. |
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(c) A payor that receives data elements from a health care |
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provider who administers an immunization to a person younger than |
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18 years of age shall provide the data elements to the department. |
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A payor is required to provide the department with only the data |
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elements the payor receives from a health care provider. The data |
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elements shall be submitted in a format prescribed by the |
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department. [The department shall verify consent before including
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the reported information in the immunization registry.] The |
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department may not retain individually identifiable information |
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about a person for whom a request to be excluded from the registry |
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has been received [consent cannot be verified]. |
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(d) A health care provider who administers an immunization |
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to a person younger than 18 years of age shall provide data elements |
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regarding an immunization to the department. The data elements |
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shall be submitted in a format prescribed by the department. [The
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department shall verify consent before including the information in
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the immunization registry.] The department may not retain |
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individually identifiable information about a person for whom a |
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request to be excluded from the registry has been received [consent
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cannot be verified]. |
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(f) The department and health care providers may use the |
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registry to provide notices by mail, telephone, personal contact, |
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or other means to a parent, managing conservator, or guardian |
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regarding his or her child or ward who is due or overdue for a |
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particular type of immunization according to the department's |
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immunization schedule. The notice must contain instructions for |
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the parent, managing conservator, or guardian to request that |
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future notices not be sent and to remove the child's immunization |
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record from the registry and any other registry-related records. |
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The notice must describe the procedure to report a violation if a |
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child is included in the registry after requesting exclusion. The |
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department shall consult with health care providers to determine |
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the most efficient and cost-effective manner of using the registry |
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to provide those notices. |
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SECTION 2. Section 161.0071, Health and Safety Code, is |
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amended by amending Subsections (a) and (b) and adding Subsection |
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(a-1) to read as follows: |
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(a) The first time the department receives registry data for |
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a child [for whom the department has received consent to be included
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in the registry, from a person other than the child's parent,
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managing conservator, or guardian], the department shall send a |
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written notice to the child's parent, managing conservator, or |
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guardian disclosing: |
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(1) that providers and payors may be sending the |
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child's immunization information to the department, but the |
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department may not keep the information if the parent, managing |
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conservator, or guardian chooses to exclude the child from the |
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registry; |
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(2) that the child's immunization information will be |
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added to the immunization registry unless the department receives |
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written notice from the parent, managing conservator, or guardian |
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requesting that the child be excluded from the registry; |
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(3) the information that is included in the registry; |
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(4) [(3)] the persons to whom the information may be |
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released under Section 161.008(d); |
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(5) [(4)] the purpose and use of the registry; |
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(6) [(5)] the procedure to exclude a child from the |
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registry; and |
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(7) [(6)] the procedure to report a violation if a |
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parent, managing conservator, or guardian discovers a child is |
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included in the registry after exclusion has been requested. |
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(a-1) The department, in accordance with rules adopted by |
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the executive commissioner of the Health and Human Services |
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Commission, shall provide the parent, managing conservator, or |
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guardian a reasonable time to respond to the notice under |
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Subsection (a) before the department adds the child's initial |
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immunization information to the registry. |
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(b) On receipt of a written request to exclude a child's |
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immunization records from [discovering that consent to be included
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in] the registry [has not been granted], the department shall |
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exclude the child's immunization records from the registry and any |
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other registry-related department record that individually |
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identifies the child. |
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SECTION 3. Section 161.0072(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) If the parent, managing conservator, or guardian of a |
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child has reasonable concern that the child's health care provider |
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is not submitting the immunization history to the department [and
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the parent, managing conservator, or guardian wants the child
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included in the registry], the parent, managing conservator, or |
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guardian may provide the child's immunization history directly to |
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the department to be included in the immunization registry. |
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SECTION 4. Section 161.008(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) The department may obtain the data constituting an |
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immunization record for a child from a public health district, a |
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local health department, a regional health information exchange, a |
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local immunization registry, the child's parent, managing |
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conservator, or guardian, a physician to the child, a payor, or any |
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health care provider licensed or otherwise authorized to administer |
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vaccines. [The department shall verify consent before including
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the reported information in the immunization registry.] The |
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department may not retain individually identifiable information |
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about a person for whom a request to be excluded from the registry |
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has been received [consent cannot be verified]. |
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SECTION 5. Sections 161.007(a-1) and (e), Health and Safety |
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Code, are repealed. |
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SECTION 6. This Act takes effect September 1, 2007. |