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A BILL TO BE ENTITLED
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AN ACT
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relating to excluding a child from the immunization registry. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 161.007(a), (b), (b-1), (c), (d), (f), |
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and (k), Health and Safety Code, are amended to read as follows: |
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(a) The department, for the primary purpose of establishing |
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and maintaining a single repository of accurate, complete, and |
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current immunization records to be used in aiding, coordinating, |
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and promoting efficient and cost-effective childhood communicable |
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disease prevention and control efforts, shall establish and |
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maintain an immunization registry. The executive commissioner of |
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the Health and Human Services Commission [department] by rule shall |
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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; 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 younger than 18 |
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years of age to have the patient excluded from [before any
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information relating to the patient is included in] the registry[;
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[(4)
permit a parent, managing conservator, or
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guardian of a patient younger than 18 years of age to withdraw
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consent for the patient to be included in the registry; and
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[(5)
determine the process by which consent is
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verified, including affirmation by a health care provider, birth
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registrar, regional health information exchange, or local
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immunization registry that consent has been obtained]. |
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(b) The immunization registry must contain information on |
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the immunization history that is obtained by the 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 immunized to prepare |
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for or in response to a declared disaster, public health emergency, |
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terrorist attack, hostile military or paramilitary action, or |
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extraordinary law enforcement emergency; 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
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withdrawn.] The department may not retain individually |
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identifiable information about any person: |
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(1) for whom a request to be excluded from the registry |
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has been received under this section [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 declared disaster, public health |
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emergency, terrorist attack, hostile military or paramilitary |
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action, or extraordinary law enforcement emergency has not been |
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received under Section 161.00705(f); 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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(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 the department receives a request to be |
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excluded from the registry [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 the |
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department receives a request to be excluded from the registry |
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[consent 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 the person's [his or her] child or ward who is due or |
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overdue for a particular type of immunization according to the |
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department's immunization schedule. The notice must contain |
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instructions for the parent, managing conservator, or guardian to |
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request that future notices not be sent and to remove the child's |
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immunization record from the registry and any registry-related |
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records. The notice must describe the procedure to report a |
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violation if a child's immunization record is included in the |
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registry after requesting exclusion. The department shall consult |
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with health care providers to determine the most efficient and |
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cost-effective manner of using the registry to provide those |
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notices. |
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(k) The executive commissioner of the Health and Human |
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Services Commission [board] shall adopt rules to administer this |
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section. |
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SECTION 2. Sections 161.0071(a) and (b), Health and Safety |
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Code, are amended 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) the information that is included in the registry; |
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(3) the persons to whom the information may be |
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released under Section 161.008(d); |
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(4) the purpose and use of the registry; |
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(5) the procedure to exclude a child from the |
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registry; and |
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(6) the procedure to report a violation if a parent, |
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managing conservator, or guardian discovers a child is included in |
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the registry after exclusion has been requested. |
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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. Sections 161.008(c) and (h), Health and Safety |
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Code, are 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, the child's parent, managing conservator, |
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or guardian, a physician to the child, a payor, or any health care |
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provider licensed or otherwise authorized to administer vaccines. |
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[The department shall verify consent before including the reported
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information in the immunization registry.] The department may not |
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retain individually identifiable information about a person for |
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whom the department receives a request to be excluded from the |
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registry [consent cannot be verified]. |
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(h) The executive commissioner of the Health and Human |
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Services Commission [board] shall adopt rules to implement this |
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section. |
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SECTION 4. Section 161.0107(c), Health and Safety Code, as |
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added by Chapter 352 (S.B. 204), Acts of the 80th Legislature, |
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Regular Session, 2007, is amended to read as follows: |
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(c) The executive commissioner of the Health and Human |
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Services Commission by rule shall specify: |
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(1) the fields necessary to populate the immunization |
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registry[, including a field that indicates the patient's consent
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to be listed in the immunization registry has been obtained]; and |
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(2) the data standards that must be used for |
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electronic submission of immunization information. |
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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, 2009. |