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A BILL TO BE ENTITLED
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AN ACT
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relating to the release or disclosure of vaccination or |
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immunization information to certain persons; providing a civil |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 161, Health and Safety |
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Code, is amended by adding Section 161.0093 to read as follows: |
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Sec. 161.0093. PROHIBITED RELEASE OR DISCLOSURE OF |
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VACCINATION OR IMMUNIZATION INFORMATION TO CERTAIN PERSONS; CIVIL |
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PENALTY. (a) In this section, "health authority" has the meaning |
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assigned by Section 81.003. |
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(b) An employee or agent of the department or a health |
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authority may not release or otherwise disclose to any person an |
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individual's vaccination or immunization information received by |
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the department or health authority unless: |
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(1) the department or health authority, as applicable, |
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obtains the written or electronic consent of the individual or the |
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individual's legally authorized representative; |
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(2) the employee or agent releases or discloses the |
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information to a health care provider in accordance with applicable |
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state and federal laws relating to the privacy, protection, |
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confidentiality, and transmission of health information; or |
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(3) the release or disclosure is otherwise authorized |
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by this subchapter. |
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(c) A person who obtains an individual's vaccination or |
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immunization information under this subchapter may not release or |
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otherwise disclose the information to a third party, including |
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under a contract or subcontract, for the purpose of encouraging |
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individuals to obtain a vaccine or to provide educational materials |
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on a vaccine. |
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(d) A person who releases or discloses vaccination or |
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immunization information in violation of Subsection (b) or (c) is |
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liable to this state for a civil penalty in an amount of not less |
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than $2,000 and not more than $50,000 for each violation. The |
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attorney general may bring an action to collect the civil penalty |
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imposed under this subsection. |
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SECTION 2. Sections 161.007(a) and (j), Health and Safety |
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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 communicable disease |
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prevention and control efforts, shall establish and maintain an |
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immunization registry. The executive commissioner 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 the individual or the individual's legally |
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authorized representative about the registry [and that registry |
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information may be released under Section 161.00735]; |
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(3) require the written or electronic consent of the |
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individual or the individual's legally authorized representative |
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before any information relating to the individual is included in |
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the registry; |
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(4) permit the individual or the individual's legally |
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authorized representative to withdraw consent for the individual to |
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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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(j) Except as provided by Sections 161.00705, 161.00706, |
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[161.00735(b),] and 161.008, information obtained by the |
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department for the immunization registry is confidential and may be |
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disclosed only with the written or electronic consent of the |
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individual or the individual's legally authorized representative. |
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SECTION 3. Section 161.00705(g), Health and Safety Code, is |
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amended to read as follows: |
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(g) The immunization information of a child or other |
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individual received by the department under this section, including |
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individually identifiable information, may be released only: |
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(1) on consent of the individual or, if a child, the |
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child's parent, managing conservator, or guardian; or |
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(2) to a [state agency or] health care provider |
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consistent with the purposes of this subchapter or the purposes of |
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aiding or coordinating communicable disease prevention and control |
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efforts during 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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SECTION 4. Sections 161.00706(c) and (d), Health and Safety |
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Code, are amended to read as follows: |
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(c) The executive commissioner shall: |
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(1) develop rules to ensure that immunization history |
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submitted under Subsection (a)(2) is medically verified |
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immunization information; |
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(2) develop guidelines for use by the department in |
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informing first responders about the registry [and that registry |
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information may be released under Section 161.00735]; and |
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(3) adopt rules necessary for the implementation of |
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this section. |
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(d) A [Except as provided by Section 161.00735, a] person's |
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immunization history or data received by the department under this |
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section may be released only on consent of the person or to any |
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health care provider licensed or otherwise authorized to administer |
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vaccines. |
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SECTION 5. Section 161.0071(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The first time the department receives registry data for |
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an individual for whom the department has received consent to be |
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included in the registry, the department shall send notice to the |
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individual or the individual's legally authorized representative |
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disclosing: |
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(1) that providers and payors may be sending the |
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individual's immunization information to the department; |
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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 [Sections 161.00735(b) and] 161.008(d); |
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(4) the purpose and use of the registry; |
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(5) the procedure to exclude an individual from the |
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registry; and |
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(6) the procedure to report a violation if an |
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individual's information is included in the registry after |
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exclusion has been requested or consent has been withdrawn. |
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SECTION 6. Section 161.0073(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Except as provided by Section [Sections] 161.00705 [and |
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161.00735], information that individually identifies an individual |
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that is received by the department for the immunization registry is |
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confidential and may be used by the department for registry |
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purposes only. |
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SECTION 7. The heading to Section 161.00735, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 161.00735. [RELEASE AND] RECEIPT OF REGISTRY DATA IN |
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DISASTER. |
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SECTION 8. Section 161.00735(h), Health and Safety Code, is |
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amended to read as follows: |
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(h) The executive commissioner shall make every effort to |
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enter into a memorandum of agreement with each state from [to] which |
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residents of that [this] state are likely to evacuate to this state |
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in a disaster on[: |
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[(1) the release and use of registry information under |
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this section to the appropriate health authority or local health |
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authority of that state, including the length of time the |
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information may be retained by that state; and |
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[(2)] the receipt and use of information submitted by |
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the health authority or local health authority of that state for |
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inclusion in the registry under this section. |
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SECTION 9. Section 161.0075, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 161.0075. IMMUNITY FROM LIABILITY. Except as provided |
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by Sections [Section] 161.009 and 161.0093, the following persons |
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subject to this subchapter that act in compliance with Sections |
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161.007, 161.00705, 161.00706, 161.0071, 161.0073, 161.0074, and |
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161.008 are not civilly or criminally liable for furnishing the |
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information required under this subchapter: |
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(1) a payor; |
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(2) a health care provider who administers |
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immunizations; and |
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(3) an employee of the department. |
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SECTION 10. Section 161.008(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) The department may release the data constituting an |
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immunization record for the individual to: |
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(1) a health care provider treating the individual or |
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an organization to which the individual is a member [any entity that |
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is described by Subsection (c)]; or |
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(2) [a school or child care facility in which the |
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individual is enrolled; |
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[(3) a state agency having legal custody of the |
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individual; or |
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[(4)] an employer of a first responder or a first |
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responder in accordance with Section 161.00708. |
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SECTION 11. Section 161.00735(b), Health and Safety Code, |
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is repealed. |
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SECTION 12. The changes in law made by this Act apply only |
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to the release or disclosure of information on or after the |
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effective date of this Act. The release or disclosure of |
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information before the effective date of this Act is governed by the |
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law in effect when the release or disclosure was made, and the |
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former law is continued in effect for that purpose. |
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SECTION 13. This Act takes effect September 1, 2023. |