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A BILL TO BE ENTITLED
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AN ACT
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relating to information maintained in the immunization registry |
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after an individual becomes an adult. |
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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-1), (a-2), (b), and (e), |
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Health and Safety Code, are amended to read as follows: |
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(a-1) The written or electronic consent required by |
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Subsection (a)(3) for an individual younger than 18 years of age is |
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required to be obtained only one time. After consent is submitted, |
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the individual's immunization information may be included in the |
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registry [The consent is valid] until the individual becomes 26 |
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[18] years of age unless the consent is withdrawn in writing or |
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electronically. A parent, managing conservator, or guardian of a |
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minor may provide the consent by using an electronic signature on |
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the minor's birth certificate. |
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(a-2) An individual's legally authorized representative or |
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the individual, after the individual has attained 18 years of age, |
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may consent in writing or electronically for the individual's |
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information to be included [remain] in the registry [after the
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individual's 18th birthday and for the individual's subsequent
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immunizations to be included in the registry]. The written or |
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electronic consent of the minor's legally authorized |
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representative as described by Section 161.0001(1-c)(A) must be |
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submitted to the department before the individual's 18th birthday. |
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The written or electronic consent of the individual or the |
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individual's legally authorized representative as described by |
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Section 161.0001(1-c)(B) or (C) must be submitted to the department |
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not later than the individual's 26th [19th] birthday. The consent |
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of the representative or individual is valid until the individual |
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or the individual's legally authorized representative withdraws |
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consent in writing or electronically. The department may not |
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include in the registry the immunization information of an |
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individual who is 26 [18] years of age or older unless [until] |
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written or electronic consent has been obtained from the individual |
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or the individual's legally authorized representative as provided |
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by this subsection. The department shall coordinate with the Texas |
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Education Agency to distribute materials described in Section |
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161.0095(a)(2) to students and parents through local school |
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districts. |
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(b) Except as provided by Section 161.0071, the |
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immunization registry must contain information on the immunization |
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history that is obtained by the department under: |
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(1) this section of each individual for whom consent |
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has been obtained in accordance with guidelines adopted under |
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Subsection (a) [or (a-3), as applicable]; |
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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; |
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(3) Section 161.00706 of first responders or their |
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immediate family members; and |
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(4) Section 161.00735 of persons evacuated or |
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relocated to this state because of a disaster. |
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(e) The department shall provide notice to a health care |
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provider that submits an immunization history for an individual for |
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whom consent cannot be verified. The notice shall contain |
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instructions for obtaining consent in accordance with guidelines |
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adopted under Subsection [Subsections] (a) [and (a-3)] and |
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resubmitting the immunization history to the department. |
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SECTION 2. Section 161.007(a-3), Health and Safety Code, is |
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repealed. |
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SECTION 3. The changes in law made by this Act to Section |
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161.007, Health and Safety Code, apply only to immunization |
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information in the immunization registry of a person who turns 18 |
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years of age on or after the effective date of this Act. The |
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immunization information in the immunization registry of a person |
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who turns 18 years of age before the effective date of this Act is |
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covered by the law in effect immediately before that date, and that |
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law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2013. |