Texas 2009 - 81st Regular

Texas House Bill HB2383 Compare Versions

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1	1	By: Kolkhorst H.B. No. 2383
2	2	Substitute the following for H.B. No. 2383:
3	3	By: Gonzales C.S.H.B. No. 2383
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the receipt and release of immunization information by
9	9	the immunization registry in connection with a disaster.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 161.007(a), (b), (b-1), and (j), Health
12	12	and Safety Code, are amended to read as follows:
13	13	(a) The department, for the primary purpose of establishing
14	14	and maintaining a single repository of accurate, complete, and
15	15	current immunization records to be used in aiding, coordinating,
16	16	and promoting efficient and cost-effective childhood communicable
17	17	disease prevention and control efforts, shall establish and
18	18	maintain an immunization registry. The department by rule shall
19	19	develop guidelines to:
20	20	(1) protect the confidentiality of patients in
21	21	accordance with Section 159.002, Occupations Code;
22	22	(2) inform a parent, managing conservator, or guardian
23	23	of each patient younger than 18 years of age about the registry and
24	24	that registry information may be released under Section 161.00735;
25	25	(3) require the written consent of a parent, managing
26	26	conservator, or guardian of a patient younger than 18 years of age
27	27	before any information relating to the patient is included in the
28	28	registry;
29	29	(4) permit a parent, managing conservator, or guardian
30	30	of a patient younger than 18 years of age to withdraw consent for
31	31	the patient to be included in the registry; and
32	32	(5) determine the process by which consent is
33	33	verified, including affirmation by a health care provider, birth
34	34	registrar, regional health information exchange, or local
35	35	immunization registry that consent has been obtained.
36	36	(b) The immunization registry must contain information on
37	37	the immunization history that is obtained by the department under:
38	38	(1) this section of each person who is younger than 18
39	39	years of age and for whom consent has been obtained in accordance
40	40	with guidelines adopted under Subsection (a);
41	41	(2) Section 161.00705 of persons immunized to prepare
42	42	for or in response to a declared disaster, public health emergency,
43	43	terrorist attack, hostile military or paramilitary action, or
44	44	extraordinary law enforcement emergency; [and]
45	45	(3) Section 161.00706 of first responders or their
46	46	immediate family members; and
47	47	(4) Section 161.00735 of persons evacuated or
48	48	relocated to this state because of a disaster.
49	49	(b-1) The department shall remove from the registry
50	50	information for any person for whom consent has been
51	51	withdrawn. The department may not retain individually
52	52	identifiable information about any person:
53	53	(1) for whom consent has been withdrawn;
54	54	(2) for whom a consent for continued inclusion in the
55	55	registry following the end of the declared disaster, public health
56	56	emergency, terrorist attack, hostile military or paramilitary
57	57	action, or extraordinary law enforcement emergency has not been
58	58	received under Section 161.00705(f); [or]
59	59	(3) for whom a request to be removed from the registry
60	60	has been received under Section 161.00706(e);
61	61	(4) for whom consent for continued inclusion in the
62	62	registry following the end of a disaster has not been received under
63	63	Section 161.00735(f); or
64	64	(5) for whom a request to remove information from the
65	65	registry has been received under Section 161.00735(g).
66	66	(j) Except as provided by Sections 161.00705, 161.00706,
67	67	161.00735(b), and 161.008, information obtained by the department
68	68	for the immunization registry is confidential and may be disclosed
69	69	only with the written consent of the individual or, if a child, the
70	70	child's parent, managing conservator, or guardian.
71	71	SECTION 2. Sections 161.00706(c) and (d), Health and Safety
72	72	Code, are amended to read as follows:
73	73	(c) The executive commissioner of the Health and Human
74	74	Services Commission shall:
75	75	(1) develop rules to ensure that immunization history
76	76	submitted under Subsection (a)(2) is medically verified
77	77	immunization information;
78	78	(2) develop guidelines for use by the department in
79	79	informing first responders about the registry and that registry
80	80	information may be released under Section 161.00735; and
81	81	(3) adopt rules necessary for the implementation of
82	82	this section.
83	83	(d) Except as provided by Section 161.00735, a [A] person's
84	84	immunization history or data received by the department under this
85	85	section may be released only on consent of the person or to any
86	86	health care provider licensed or otherwise authorized to administer
87	87	vaccines.
88	88	SECTION 3. Section 161.0071(a), Health and Safety Code, is
89	89	amended to read as follows:
90	90	(a) The first time the department receives registry data for
91	91	a child for whom the department has received consent to be included
92	92	in the registry, from a person other than the child's parent,
93	93	managing conservator, or guardian, the department shall send a
94	94	written notice to the child's parent, managing conservator, or
95	95	guardian disclosing:
96	96	(1) that providers and payors may be sending the
97	97	child's immunization information to the department;
98	98	(2) the information that is included in the registry;
99	99	(3) the persons to whom the information may be
100	100	released under Sections 161.00735(b) and [Section] 161.008(d);
101	101	(4) the purpose and use of the registry;
102	102	(5) the procedure to exclude a child from the
103	103	registry; and
104	104	(6) the procedure to report a violation if a parent,
105	105	managing conservator, or guardian discovers a child is included in
106	106	the registry after exclusion has been requested.
107	107	SECTION 4. Section 161.0073(a), Health and Safety Code, is
108	108	amended to read as follows:
109	109	(a) Except as provided by Sections [Section] 161.00705 and
110	110	161.00735, information that individually identifies a child or
111	111	other individual that is received by the department for the
112	112	immunization registry is confidential and may be used by the
113	113	department for registry purposes only.
114	114	SECTION 5. Subchapter A, Chapter 161, Health and Safety
115	115	Code, is amended by adding Section 161.00735 to read as follows:
116	116	Sec. 161.00735. RELEASE AND RECEIPT OF REGISTRY DATA IN
117	117	DISASTER. (a) In this section, "disaster" has the meaning assigned
118	118	by Section 418.004, Government Code.
119	119	(b) If the department determines that residents of this
120	120	state have evacuated or relocated to another state in response to a
121	121	disaster, the department may release registry data, except registry
122	122	data obtained under Section 161.00705, to the appropriate health
123	123	authority of that state or to local health authorities in that
124	124	state.
125	125	(c) The department may receive immunization information
126	126	from a health authority of another state or from a local health
127	127	authority in another state if the department determines that
128	128	residents of that state have evacuated or relocated to this state in
129	129	response to a disaster. The department shall include information
130	130	received under this subsection in the registry. Notwithstanding
131	131	Section 161.007, the department is not required to obtain written
132	132	consent for the inclusion in the registry of information received
133	133	under this subsection.
134	134	(d) Immunization information received under Subsection (c)
135	135	is subject to Section 161.0073, and may not be released except as
136	136	authorized by this chapter.
137	137	(e) The executive commissioner of the Health and Human
138	138	Services Commission, by rule, shall determine the period during
139	139	which the information collected under Subsection (c) must remain in
140	140	the immunization registry following the end of the disaster.
141	141	(f) Unless an individual or, if a child, the child's parent,
142	142	managing conservator, or guardian consents in writing to continued
143	143	inclusion of the individual's or child's information in the
144	144	registry, the department shall remove the immunization records
145	145	collected under Subsection (c) from the registry on the expiration
146	146	of the period prescribed by Subsection (e).
147	147	(g) If an individual or, if a child, the child's parent,
148	148	managing conservator, or guardian requests in writing that the
149	149	individual's or child's information obtained under Subsection (c)
150	150	be removed from the registry, the department shall remove that
151	151	information from the registry.
152	152	(h) The executive commissioner of the Health and Human
153	153	Services Commission shall make every effort to enter into a
154	154	memorandum of agreement with each state to which residents of this
155	155	state are likely to evacuate in a disaster on:
156	156	(1) the release and use of registry information under
157	157	this section to the appropriate health authority or local health
158	158	authority of that state, including the length of time the
159	159	information may be retained by that state; and
160	160	(2) the receipt and use of information submitted by
161	161	the health authority or local health authority of that state for
162	162	inclusion in the registry under this section.
163	163	SECTION 6. Section 161.009(a), Health and Safety Code, is
164	164	amended to read as follows:
165	165	(a) A person commits an offense if the person:
166	166	(1) negligently releases or discloses immunization
167	167	registry information in violation of Section 161.007, 161.0071,
168	168	161.0073, or 161.008;
169	169	(2) fails to exclude a child's immunization
170	170	information in violation of Section 161.0071;
171	171	(3) fails to remove a person's immunization
172	172	information in violation of Section 161.00705, [or] 161.00706, or
173	173	161.00735; or
174	174	(4) negligently uses information in the immunization
175	175	registry to solicit new patients or clients or for other purposes
176	176	that are not associated with immunization or quality-of-care
177	177	purposes, unless authorized under this section.
178	178	SECTION 7. This Act takes effect September 1, 2009.