BILL ANALYSIS

 

 

Senate Research Center

H.B. 1256

 

By: Phelan (Kolkhorst)

 

Health & Human Services

 

4/22/2019

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

There are concerns that some first responders may be unaware of their vaccination status and lack access to their immunization information, which could delay their ability to quickly and effectively render aid during a declared disaster. H.B. 1256 seeks to address these concerns by providing for a process that allows first responders direct access to their immunization information in the event of a disaster.

 

H.B. 1256 amends current law relating to access by certain persons to a first responder's immunization history.

 

RULEMAKING AUTHORITY

 

Rulemaking authority is expressly granted to the executive commissioner of the Health and Human Services Commission in SECTION 3 of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Subchapter A, Chapter 161, Health and Safety Code, by adding Section 161.00708, as follows:

 

Sec. 161.00708. ACCESS TO FIRST RESPONDER IMMUNIZATION HISTORY. (a) Requires the Department of State Health Services (DSHS) to establish a process to provide an employer of a first responder with direct access to the first responder�s immunization information in the immunization registry for verification of the first responder�s immunization history. Requires the process to require a first responder to provide electronic or written consent before the employer is granted direct access to the first responder�s immunization information in the immunization registry. Authorizes a first responder to withdraw consent at any time.

 

(b) Authorizes DSHS to establish a process to provide a first responder with access to the first responder�s immunization information in the immunization registry.

 

SECTION 2. Amends Section 161.008(d), Health and Safety Code, to authorize DSHS to release the data constituting an immunization record for the individual to certain entities, including an employer of a first responder or a first responder in accordance with Section 161.00708 and to make nonsubstantive changes.

 

SECTION 3. Requires the executive commissioner of the Health and Human Services Commission, not later than January 1, 2020, to adopt rules as necessary to implement the changes in law made by this Act.

 

SECTION 4. Effective date: September 1, 2019.