|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to the receipt and release of immunization information by |
|
the immunization registry in connection with a disaster; providing |
|
penalties. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subsections (a), (b), (b-1), and (j), Section |
|
161.007, Health and Safety Code, are amended to read as follows: |
|
(a) The department, for the primary purpose 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 an immunization registry. The department by rule shall |
|
develop guidelines to: |
|
(1) protect the confidentiality of patients in |
|
accordance with Section 159.002, Occupations Code; |
|
(2) inform a parent, managing conservator, or guardian |
|
of each patient younger than 18 years of age about the registry and |
|
that registry information may be released under Section 161.00735; |
|
(3) require the written consent of a parent, managing |
|
conservator, or guardian of a patient younger than 18 years of age |
|
before any information relating to the patient is included in the |
|
registry; |
|
(4) permit a parent, managing conservator, or guardian |
|
of a patient younger than 18 years of age to withdraw consent for |
|
the patient to be included in the registry; and |
|
(5) determine the process by which consent is |
|
verified, including affirmation by a health care provider, birth |
|
registrar, regional health information exchange, or local |
|
immunization registry that consent has been obtained. |
|
(b) The immunization registry must contain information on |
|
the immunization history that is obtained by the department under: |
|
(1) this section of each person who is younger than 18 |
|
years of age and for whom consent has been obtained in accordance |
|
with guidelines adopted under Subsection (a); |
|
(2) Section 161.00705 of persons immunized to prepare |
|
for or in response to a declared disaster, public health emergency, |
|
terrorist attack, hostile military or paramilitary action, or |
|
extraordinary law enforcement emergency; [and] |
|
(3) Section 161.00706 of first responders or their |
|
immediate family members; and |
|
(4) Section 161.00735 of persons evacuated or |
|
relocated to this state because of a disaster. |
|
(b-1) The department shall remove from the registry |
|
information for any person for whom consent has been |
|
withdrawn. The department may not retain individually |
|
identifiable information about any person: |
|
(1) for whom consent has been withdrawn; |
|
(2) for whom a consent for continued inclusion in the |
|
registry following the end of the declared disaster, public health |
|
emergency, terrorist attack, hostile military or paramilitary |
|
action, or extraordinary law enforcement emergency has not been |
|
received under Section 161.00705(f); [or] |
|
(3) for whom a request to be removed from the registry |
|
has been received under Section 161.00706(e); |
|
(4) for whom consent for continued inclusion in the |
|
registry following the end of a disaster has not been received under |
|
Section 161.00735(f); or |
|
(5) for whom a request to remove information from the |
|
registry has been received under Section 161.00735(g). |
|
(j) Except as provided by Sections 161.00705, 161.00706, |
|
161.00735(b), and 161.008, information obtained by the department |
|
for the immunization registry is confidential and may be disclosed |
|
only with the written consent of the individual or, if a child, the |
|
child's parent, managing conservator, or guardian. |
|
SECTION 2. Subsections (c) and (d), Section 161.00706, |
|
Health and Safety Code, are amended to read as follows: |
|
(c) The executive commissioner of the Health and Human |
|
Services Commission shall: |
|
(1) develop rules to ensure that immunization history |
|
submitted under Subsection (a)(2) is medically verified |
|
immunization information; |
|
(2) develop guidelines for use by the department in |
|
informing first responders about the registry and that registry |
|
information may be released under Section 161.00735; and |
|
(3) adopt rules necessary for the implementation of |
|
this section. |
|
(d) Except as provided by Section 161.00735, a [A] person's |
|
immunization history or data received by the department under this |
|
section may be released only on consent of the person or to any |
|
health care provider licensed or otherwise authorized to administer |
|
vaccines. |
|
SECTION 3. Subsection (a), Section 161.0071, Health and |
|
Safety Code, is amended to read as follows: |
|
(a) The first time the department receives registry data for |
|
a child for whom the department has received consent to be included |
|
in the registry, from a person other than the child's parent, |
|
managing conservator, or guardian, the department shall send a |
|
written notice to the child's parent, managing conservator, or |
|
guardian disclosing: |
|
(1) that providers and payors may be sending the |
|
child's immunization information to the department; |
|
(2) the information that is included in the registry; |
|
(3) the persons to whom the information may be |
|
released under Sections 161.00735(b) and [Section] 161.008(d); |
|
(4) the purpose and use of the registry; |
|
(5) the procedure to exclude a child from the |
|
registry; and |
|
(6) the procedure to report a violation if a parent, |
|
managing conservator, or guardian discovers a child is included in |
|
the registry after exclusion has been requested. |
|
SECTION 4. Subsection (a), Section 161.0073, Health and |
|
Safety Code, is amended to read as follows: |
|
(a) Except as provided by Sections [Section] 161.00705 and |
|
161.00735, information that individually identifies a child or |
|
other individual that is received by the department for the |
|
immunization registry is confidential and may be used by the |
|
department for registry purposes only. |
|
SECTION 5. Subchapter A, Chapter 161, Health and Safety |
|
Code, is amended by adding Section 161.00735 to read as follows: |
|
Sec. 161.00735. RELEASE AND RECEIPT OF REGISTRY DATA IN |
|
DISASTER. (a) In this section, "disaster" has the meaning |
|
assigned by Section 418.004, Government Code. |
|
(b) If the department determines that residents of this |
|
state have evacuated or relocated to another state in response to a |
|
disaster, the department may release registry data, except registry |
|
data obtained under Section 161.00705, to the appropriate health |
|
authority of that state or to local health authorities in that |
|
state. |
|
(c) The department may receive immunization information |
|
from a health authority of another state or from a local health |
|
authority in another state if the department determines that |
|
residents of that state have evacuated or relocated to this state in |
|
response to a disaster. The department shall include information |
|
received under this subsection in the registry. Notwithstanding |
|
Section 161.007, the department is not required to obtain written |
|
consent for the inclusion in the registry of information received |
|
under this subsection. |
|
(d) Immunization information received under Subsection (c) |
|
is subject to Section 161.0073, and may not be released except as |
|
authorized by this chapter. |
|
(e) The executive commissioner of the Health and Human |
|
Services Commission, by rule, shall determine the period during |
|
which the information collected under Subsection (c) must remain in |
|
the immunization registry following the end of the disaster. |
|
(f) Unless an individual or, if a child, the child's parent, |
|
managing conservator, or guardian consents in writing to continued |
|
inclusion of the individual's or child's information in the |
|
registry, the department shall remove the immunization records |
|
collected under Subsection (c) from the registry on the expiration |
|
of the period prescribed by Subsection (e). |
|
(g) If an individual or, if a child, the child's parent, |
|
managing conservator, or guardian requests in writing that the |
|
individual's or child's information obtained under Subsection (c) |
|
be removed from the registry, the department shall remove that |
|
information from the registry. |
|
(h) The executive commissioner of the Health and Human |
|
Services Commission shall make every effort to enter into a |
|
memorandum of agreement with each state to which residents of this |
|
state are likely to evacuate in a disaster on: |
|
(1) the release and use of registry information under |
|
this section to the appropriate health authority or local health |
|
authority of that state, including the length of time the |
|
information may be retained by that state; and |
|
(2) the receipt and use of information submitted by |
|
the health authority or local health authority of that state for |
|
inclusion in the registry under this section. |
|
SECTION 6. Subsection (a), Section 161.009, Health and |
|
Safety Code, is amended to read as follows: |
|
(a) A person commits an offense if the person: |
|
(1) negligently releases or discloses immunization |
|
registry information in violation of Section 161.007, 161.0071, |
|
161.0073, or 161.008; |
|
(2) fails to exclude a child's immunization |
|
information in violation of Section 161.0071; |
|
(3) fails to remove a person's immunization |
|
information in violation of Section 161.00705, [or] 161.00706, or |
|
161.00735; or |
|
(4) negligently uses information in the immunization |
|
registry to solicit new patients or clients or for other purposes |
|
that are not associated with immunization or quality-of-care |
|
purposes, unless authorized under this section. |
|
SECTION 7. This Act takes effect September 1, 2009. |
|
|
|
* * * * * |