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A BILL TO BE ENTITLED
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AN ACT
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relating to inclusion in the immunization registry of immunization |
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records of first responders and their immediate family members and |
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of immunization records obtained during certain declared |
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disasters. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 161.0001, Health and Safety Code, is |
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amended by adding Subdivisions (1-a) and (1-b) to read as follows: |
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(1-a) "First responder" has the meaning assigned by |
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Section 421.095, Government Code. |
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(1-b) "Immediate family member" means the parent, |
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spouse, child, or sibling of a person who resides in the same |
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household as the person. |
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SECTION 2. Subchapter A, Chapter 161, Health and Safety |
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Code, is amended by adding Sections 161.00705 and 161.00706 to read |
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as follows: |
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Sec. 161.00705. IMMUNIZATION INFORMATION DURING DECLARED |
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DISASTER. (a) In this section: |
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(1) "Child" means an individual younger than 18 years |
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of age. |
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(2) "Disaster area" means an area of this state: |
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(A) that has been declared a disaster area by: |
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(i) the governor under Chapter 418, |
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Government Code; or |
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(ii) the president of the United States; or |
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(B) in which there is a public health disaster. |
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(3) "Public health disaster" means: |
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(A) a declaration by the governor of a state of |
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disaster; and |
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(B) a determination by the commissioner that |
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there exists an immediate threat from a communicable disease that: |
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(i) poses a high risk of death or serious |
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long-term disability to a large number of people; and |
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(ii) creates a substantial risk of public |
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exposure because of the disease's high level of contagion or the |
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method by which the disease is transmitted. |
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(b) Notwithstanding any other provision of this chapter, a |
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health care provider who administers an immunization to an |
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individual in a disaster area during a declared disaster, including |
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a public health disaster, shall provide data elements regarding the |
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immunization to the department for inclusion in the immunization |
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registry. The data elements shall be submitted within the time and |
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in a format prescribed by the department. |
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(c) The executive commissioner of the Health and Human |
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Services Commission by rule shall determine the period during which |
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the information collected under this section must remain in the |
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immunization registry following the end of the disaster. |
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(d) Unless an individual or, if a child, the child's parent, |
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managing conservator, or guardian consents in writing to continued |
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inclusion of the child's or other individual's information in the |
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registry, the department shall remove the immunization records |
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collected under this section from the registry on expiration of the |
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period prescribed under Subsection (c). |
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(e) The immunization information of a child or other |
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individual received by the department under this section, including |
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individually identifiable information, may be released only: |
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(1) on consent of the individual or, if a child, the |
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child's parent, managing conservator, or guardian; or |
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(2) to a state agency or health care provider |
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consistent with the purposes of this subchapter or the purposes of |
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aiding or coordinating communicable disease prevention and control |
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efforts during a declared disaster. |
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(f) The report required under Section 161.0074 must also |
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include the number of complaints received by the department related |
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to the department's failure to remove information from the registry |
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as required by Subsection (d). |
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(g) The executive commissioner of the Health and Human |
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Services Commission shall adopt rules necessary to implement this |
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section. |
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Sec. 161.00706. FIRST RESPONDER IMMUNIZATION INFORMATION. |
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(a) A person 18 years of age or older who is a first responder or an |
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immediate family member of a first responder may: |
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(1) request that a health care provider who |
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administers an immunization to the person provide data elements |
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regarding the immunization to the department for inclusion in the |
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immunization registry; or |
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(2) provide the person's immunization history directly |
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to the department for inclusion in the immunization registry. |
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(b) A health care provider, on receipt of a request under |
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Subsection (a)(1), shall submit the data elements to the department |
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in a format prescribed by the department. The department shall |
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verify the person's request before including the information in the |
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immunization registry. |
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(c) The executive commissioner of the Health and Human |
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Services Commission shall: |
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(1) develop rules to ensure that immunization history |
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submitted under Subsection (a)(2) is medically verified |
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immunization information; |
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(2) develop guidelines for use by the department in |
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informing first responders about the registry; and |
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(3) adopt rules necessary for the implementation of |
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this section. |
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(d) A person's immunization history or data received by the |
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department under this section may be released only on consent of the |
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person or to any health care provider licensed or otherwise |
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authorized to administer vaccines. |
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(e) A person whose immunization records are included in the |
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immunization registry as authorized by this section may request in |
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writing that the department remove that information from the |
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registry. Not later than the 10th day after receiving a request |
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under this subsection, the department shall remove the person's |
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immunization records from the registry. |
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(f) The report required under Section 161.0074 must also |
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include the number of complaints received by the department related |
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to the department's failure to comply with requests for removal of |
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information from the registry under Subsection (e). |
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SECTION 3. Section 161.007, Health and Safety Code, is |
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amended by amending Subsections (a), (b), and (j) and adding |
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Subsection (b-1) to read as follows: |
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(a) The department, for the primary purpose [purposes] of |
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establishing and maintaining a single repository of accurate, |
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complete, and current immunization records to be used in aiding, |
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coordinating, and promoting efficient and cost-effective childhood |
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communicable disease prevention and control efforts, shall |
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establish and maintain an [a childhood] immunization registry. The |
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department by rule 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 younger than 18 years of age about the registry; |
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(3) require the written consent of a parent, managing |
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conservator, or guardian of a patient younger than 18 years of age |
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before any information relating to the patient is included in the |
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registry; and |
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(4) permit a parent, managing conservator, or guardian |
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of a patient younger than 18 years of age to withdraw consent for |
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the patient to be included in the registry. |
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(b) The [childhood] immunization registry must contain |
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information on the immunization history that is obtained by the |
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department under: |
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(1) this section of each person who is younger than 18 |
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years of age and for whom consent has been obtained in accordance |
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with guidelines adopted under Subsection (a); |
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(2) Section 161.00705 of persons in a disaster area |
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immunized during a declared disaster; and |
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(3) Section 161.00706 of first responders or their |
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immediate family members. |
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(b-1) The department shall remove from the registry |
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information for any person for whom consent has been withdrawn. The |
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department may not retain individually identifiable information |
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about any person: |
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(1) for whom consent has been withdrawn; |
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(2) for whom a consent for continued inclusion in the |
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registry following the end of the disaster has not been received |
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under Section 161.00705(d); or |
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(3) for whom a request to be removed from the registry |
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has been received under Section 161.00706(e). |
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(j) Except as provided by Sections 161.00705, 161.00706, |
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and [Section] 161.008, information obtained by the department for |
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the immunization registry is confidential and may be disclosed only |
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with the written consent of the individual or, if a child, the |
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child's parent, managing conservator, or guardian. |
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SECTION 4. Subsections (a) and (c), Section 161.0073, |
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Health and Safety Code, are amended to read as follows: |
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(a) Except as provided by Section 161.00705, [The] |
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information that individually identifies a child or other |
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individual that is received by the department for the immunization |
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registry is confidential and may be used by the department for |
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registry purposes only. |
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(c) A person required to report information to the |
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department for registry purposes or authorized to receive |
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information from the registry may not disclose the individually |
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identifiable information of a child or other individual to any |
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other person without written consent of the individual or, if a |
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child, the parent, managing conservator, or guardian of the child, |
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except as provided by Chapter 159, Occupations Code, or Section |
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602.053, Insurance Code. |
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SECTION 5. Section 161.0075, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 161.0075. IMMUNITY FROM LIABILITY. Except as |
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provided by Section 161.009, the following persons subject to this |
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subchapter that act in compliance with Sections 161.007, 161.00705, |
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161.00706, 161.0071, 161.0073, 161.0074, and 161.008 are not |
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civilly or criminally liable for furnishing the information |
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required under this subchapter: |
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(1) a payor; |
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(2) a health care provider who administers |
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immunizations; and |
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(3) an employee of the department. |
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SECTION 6. Subsection (a), Section 161.009, Health and |
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Safety Code, is amended to read as follows: |
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(a) A person commits an offense if the person: |
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(1) negligently releases or discloses immunization |
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registry information in violation of Section 161.007, 161.0071, |
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161.0073, or 161.008; |
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(2) fails to exclude a child's immunization |
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information in violation of Section 161.0071; [or] |
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(3) fails to remove a person's immunization |
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information in violation of Section 161.00705 or 161.00706; or |
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(4) negligently uses information in the immunization |
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registry to solicit new patients or clients or for other purposes |
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that are not associated with immunization or quality-of-care |
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purposes, unless authorized under this section. |
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SECTION 7. Subsection (a), Section 161.0105, Health and |
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Safety Code, is amended to read as follows: |
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(a) A health care provider who acts in compliance with |
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Sections 161.007, 161.00705, 161.00706, and 161.008 and any rules |
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adopted under those sections is not civilly or criminally liable |
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for furnishing the information required under those sections. This |
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subsection does not apply to criminal liability established under |
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Section 161.009. |
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SECTION 8. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall adopt the rules required under Sections |
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161.00705 and 161.00706, Health and Safety Code, as added by this |
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Act. |
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SECTION 9. The change in law made by this Act to Section |
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161.009, Health and Safety Code, applies only to an offense |
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committed on or after the effective date of this Act. An offense |
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committed before the effective date of this Act is covered by the |
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law in effect when the offense was committed, and the former law is |
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continued in effect for that purpose. For the purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense was committed before that date. |
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SECTION 10. This Act takes effect September 1, 2007. |
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