Arizona 2024 Regular Session

Arizona Senate Bill SB1715 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	REFERENCE TITLE: adult immunizations; reporting requirements State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024 SB 1715 Introduced by Senators Gonzales: Hatathlie; Representative Hernandez L An Act amending section 36-135, Arizona Revised Statutes; relating to the department of health services. (TEXT OF BILL BEGINS ON NEXT PAGE)
2	2
3	3
4	4
5	5
6	6
7	7
8	8
9	9	REFERENCE TITLE: adult immunizations; reporting requirements
10	10	State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
11	11	SB 1715
12	12	Introduced by Senators Gonzales: Hatathlie; Representative Hernandez L
13	13
14	14	REFERENCE TITLE: adult immunizations; reporting requirements
15	15
16	16
17	17
18	18
19	19
20	20
21	21
22	22
23	23
24	24	State of Arizona
25	25
26	26	Senate
27	27
28	28	Fifty-sixth Legislature
29	29
30	30	Second Regular Session
31	31
32	32	2024
33	33
34	34
35	35
36	36
37	37
38	38
39	39
40	40	SB 1715
41	41
42	42
43	43
44	44	Introduced by
45	45
46	46	Senators Gonzales: Hatathlie; Representative Hernandez L
47	47
48	48
49	49
50	50
51	51
52	52
53	53
54	54
55	55
56	56
57	57
58	58
59	59
60	60
61	61
62	62
63	63
64	64	An Act
65	65
66	66
67	67
68	68	amending section 36-135, Arizona Revised Statutes; relating to the department of health services.
69	69
70	70
71	71
72	72
73	73
74	74	(TEXT OF BILL BEGINS ON NEXT PAGE)
75	75
76	76
77	77
78	78	Be it enacted by the Legislature of the State of Arizona: Section 1. Section 36-135, Arizona Revised Statutes, is amended to read: START_STATUTE36-135. Immunization reporting system; requirements; access; confidentiality; immunity; violation; classification; definitions A. The child immunization reporting system is established in the department to collect, store, analyze, release and report immunization data. B. A health care professional who is licensed under title 32 to provide immunizations, except as provided in subsection I of this section, shall report the following information: 1. The health care professional's name, business address and business telephone number. 2. If the patient is a child, the child's name, address, social security number, if known and not confidential, gender, date of birth and mother's maiden name. 3. If the patient is an adult, the patient's name, address, social security number, if not confidential, and date of birth. 3. 4. The type of vaccine administered and the date it is administered. C. The health care professional may submit this information to the department on a weekly or monthly basis by telephone, fax, mail, computer or any other method prescribed by the department. D. Except as provided in subsection I of this section, the department shall release identifying information only to the person patient, the person's patient's health care decision maker, parent or guardian, a health care provider, an entity regulated under title 20, the Arizona health care cost containment system and its contractors as defined in chapter 29 of this title, its external quality review organization or any other entity that has a business associate agreement with the Arizona health care cost containment system, a school official who is authorized by law to receive and record immunization records, a person or entity that provides services to a health care provider and with whom the health care provider has a business associate agreement that requires the person or entity to protect the confidentiality of the information, as required by the health insurance portability and accountability act privacy standards (45 Code of Federal Regulations part 164, subpart E) or a nonprofit health information organization as defined in section 36-3801 that is designated by the department as this state's official health information exchange organization. The department may also release identifying information to an entity designated by the person patient or the person's patient's health care decision maker, parent or guardian. The department, by rule, may release immunization information to persons for a specified purpose. The department may release nonidentifying summary statistics. E. Identifying information in the system is confidential. A person who is authorized to receive confidential information under subsection D of this section or pursuant to rules adopted by the department shall disclose this information only as permitted allowed by this section or rules adopted by the department. F. A health care provider that provides information in good faith pursuant to this section is not subject to civil or criminal liability. G. A health care provider that does not comply with the requirements of this section violates a law applicable to the practice of medicine and commits an act of unprofessional conduct or a violation of chapter 4 of this title. H. Any agency or person receiving confidential information from the system who subsequently discloses that information to any other person other than as permitted allowed by this section is guilty of a class 3 misdemeanor. I. At the request of the person patient, or if the person patient is a child the child's parent or guardian, the department of health services shall provide a form to be signed that allows confidential immunization information to be withheld from all persons including persons authorized to receive confidential information pursuant to subsection D of this section. If the request is delivered to the health care professional before the immunization, the health care professional shall not forward the information required under subsection B of this section to the department. J. For the purposes of this section, "health care decision maker" and "health care provider" have the same meanings prescribed in section 12-2291. END_STATUTE
79	79
80	80	Be it enacted by the Legislature of the State of Arizona:
81	81
82	82	Section 1. Section 36-135, Arizona Revised Statutes, is amended to read:
83	83
84	84	START_STATUTE36-135. Immunization reporting system; requirements; access; confidentiality; immunity; violation; classification; definitions
85	85
86	86	A. The child immunization reporting system is established in the department to collect, store, analyze, release and report immunization data.
87	87
88	88	B. A health care professional who is licensed under title 32 to provide immunizations, except as provided in subsection I of this section, shall report the following information:
89	89
90	90	1. The health care professional's name, business address and business telephone number.
91	91
92	92	2. If the patient is a child, the child's name, address, social security number, if known and not confidential, gender, date of birth and mother's maiden name.
93	93
94	94	3. If the patient is an adult, the patient's name, address, social security number, if not confidential, and date of birth.
95	95
96	96	3. 4. The type of vaccine administered and the date it is administered.
97	97
98	98	C. The health care professional may submit this information to the department on a weekly or monthly basis by telephone, fax, mail, computer or any other method prescribed by the department.
99	99
100	100	D. Except as provided in subsection I of this section, the department shall release identifying information only to the person patient, the person's patient's health care decision maker, parent or guardian, a health care provider, an entity regulated under title 20, the Arizona health care cost containment system and its contractors as defined in chapter 29 of this title, its external quality review organization or any other entity that has a business associate agreement with the Arizona health care cost containment system, a school official who is authorized by law to receive and record immunization records, a person or entity that provides services to a health care provider and with whom the health care provider has a business associate agreement that requires the person or entity to protect the confidentiality of the information, as required by the health insurance portability and accountability act privacy standards (45 Code of Federal Regulations part 164, subpart E) or a nonprofit health information organization as defined in section 36-3801 that is designated by the department as this state's official health information exchange organization. The department may also release identifying information to an entity designated by the person patient or the person's patient's health care decision maker, parent or guardian. The department, by rule, may release immunization information to persons for a specified purpose. The department may release nonidentifying summary statistics.
101	101
102	102	E. Identifying information in the system is confidential. A person who is authorized to receive confidential information under subsection D of this section or pursuant to rules adopted by the department shall disclose this information only as permitted allowed by this section or rules adopted by the department.
103	103
104	104	F. A health care provider that provides information in good faith pursuant to this section is not subject to civil or criminal liability.
105	105
106	106	G. A health care provider that does not comply with the requirements of this section violates a law applicable to the practice of medicine and commits an act of unprofessional conduct or a violation of chapter 4 of this title.
107	107
108	108	H. Any agency or person receiving confidential information from the system who subsequently discloses that information to any other person other than as permitted allowed by this section is guilty of a class 3 misdemeanor.
109	109
110	110	I. At the request of the person patient, or if the person patient is a child the child's parent or guardian, the department of health services shall provide a form to be signed that allows confidential immunization information to be withheld from all persons including persons authorized to receive confidential information pursuant to subsection D of this section. If the request is delivered to the health care professional before the immunization, the health care professional shall not forward the information required under subsection B of this section to the department.
111	111
112	112	J. For the purposes of this section, "health care decision maker" and "health care provider" have the same meanings prescribed in section 12-2291. END_STATUTE