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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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with the consent of an individual after the individual becomes an |
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adult. |
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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-1), (a-2), (b), and (e) and |
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adding Subsections (a-4), (a-5), and (a-6) 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. The written or electronic |
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consent of the individual's parent, managing conservator, or |
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guardian must be submitted to the department before the |
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individual's 18th birthday. After consent is submitted, the |
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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[18] years of age unless the consent is withdrawn in writing or |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, or renewed after the individual's 18th birthday as |
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provided by Subsection (a-2). A parent, managing conservator, or |
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guardian of a minor may provide the consent by using an electronic |
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signature on the minor's birth certificate. |
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(a-2) The written or electronic consent required by |
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Subsection (a)(3) for an individual who is 18 years of age or older |
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is required to be obtained only one time. An individual's legally |
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authorized representative or the individual, after the individual |
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has attained 18 years of age, may consent in writing or |
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electronically for the individual's information to remain in the |
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registry [after the individual's 18th birthday and for the
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individual's subsequent immunizations to be included in the
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registry]. [The written or electronic consent of the minor's
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legally authorized representative as described by Section
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161.0001(1-c)(A) must be submitted to the department before the
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individual's 18th birthday. The written or electronic consent of
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the individual or the individual's legally authorized
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representative as described by Section 161.0001(1-c)(B) or (C) must
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be submitted to the department not later than the individual's 19th
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birthday.] The consent of the representative or individual is valid |
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until the individual or the individual's legally authorized |
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representative withdraws consent in writing or electronically. The |
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department may not include in the registry the immunization |
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information of an individual who is 26 [18] years of age or older |
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until written or electronic consent has been obtained 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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(a-4) After an individual's 18th birthday, the department |
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shall make a reasonable effort to provide notice to an individual |
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whose immunization information is included in the registry with |
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consent that was provided by a parent, managing conservator, or |
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guardian under Subsection (a-1). The reasonable effort shall |
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include at least two attempts by the department to provide the |
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notice required by this subsection by telephone or e-mail, by |
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regular mail to the individual's last known address, or by general |
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outreach efforts through the individual's health care provider, |
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school district, or institution of higher education. The notice |
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must inform the individual that the individual's immunization |
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records will be included in the registry until the date of the |
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individual's 26th birthday unless the individual or the |
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individual's legally authorized representative: |
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(1) withdraws consent in writing or electronically |
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before that date; or |
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(2) provides consent for the records to continue to be |
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included in the registry as provided by Subsection (a-2). |
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(a-5) After an individual's 25th birthday, the department |
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shall make a reasonable effort to provide notice to an individual |
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whose immunization information is included in the registry with |
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consent that was provided under Subsection (a-1) and has not been |
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renewed under Subsection (a-2). The reasonable effort shall |
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include at least two attempts by the department to provide the |
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notice required by this subsection by telephone or e-mail, by |
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regular mail to the individual's last known address, or by general |
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outreach efforts through the individual's health care provider or |
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institution of higher education. The notice must inform the |
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individual that the individual's immunization records will be |
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included in the immunization registry until the individual's 26th |
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birthday unless the individual or the individual's legally |
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authorized representative renews consent as provided by Subsection |
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(a-2). |
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(a-6) The department shall make a reasonable effort to |
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obtain current contact information for written or electronic |
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notices sent by the department under Subsection (a-5) that are |
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returned due to incorrect address information. |
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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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governed 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, 2015. |