Texas 2009 - 81st Regular

Texas Senate Bill SB347 Compare Versions

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1	1	S.B. No. 347
2	2
3	3
4	4	AN ACT
5	5	relating to the receipt and release of immunization information by
6	6	the immunization registry in connection with a disaster; providing
7	7	penalties.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subsections (a), (b), (b-1), and (j), Section
10	10	161.007, Health and Safety Code, are amended to read as follows:
11	11	(a) The department, for the primary purpose of establishing
12	12	and maintaining a single repository of accurate, complete, and
13	13	current immunization records to be used in aiding, coordinating,
14	14	and promoting efficient and cost-effective childhood communicable
15	15	disease prevention and control efforts, shall establish and
16	16	maintain an immunization registry. The department by rule shall
17	17	develop guidelines to:
18	18	(1) protect the confidentiality of patients in
19	19	accordance with Section 159.002, Occupations Code;
20	20	(2) inform a parent, managing conservator, or guardian
21	21	of each patient younger than 18 years of age about the registry and
22	22	that registry information may be released under Section 161.00735;
23	23	(3) require the written consent of a parent, managing
24	24	conservator, or guardian of a patient younger than 18 years of age
25	25	before any information relating to the patient is included in the
26	26	registry;
27	27	(4) permit a parent, managing conservator, or guardian
28	28	of a patient younger than 18 years of age to withdraw consent for
29	29	the patient to be included in the registry; and
30	30	(5) determine the process by which consent is
31	31	verified, including affirmation by a health care provider, birth
32	32	registrar, regional health information exchange, or local
33	33	immunization registry that consent has been obtained.
34	34	(b) The immunization registry must contain information on
35	35	the immunization history that is obtained by the department under:
36	36	(1) this section of each person who is younger than 18
37	37	years of age and for whom consent has been obtained in accordance
38	38	with guidelines adopted under Subsection (a);
39	39	(2) Section 161.00705 of persons immunized to prepare
40	40	for or in response to a declared disaster, public health emergency,
41	41	terrorist attack, hostile military or paramilitary action, or
42	42	extraordinary law enforcement emergency; [and]
43	43	(3) Section 161.00706 of first responders or their
44	44	immediate family members; and
45	45	(4) Section 161.00735 of persons evacuated or
46	46	relocated to this state because of a disaster.
47	47	(b-1) The department shall remove from the registry
48	48	information for any person for whom consent has been withdrawn. The
49	49	department may not retain individually identifiable information
50	50	about any person:
51	51	(1) for whom consent has been withdrawn;
52	52	(2) for whom a consent for continued inclusion in the
53	53	registry following the end of the declared disaster, public health
54	54	emergency, terrorist attack, hostile military or paramilitary
55	55	action, or extraordinary law enforcement emergency has not been
56	56	received under Section 161.00705(f); [or]
57	57	(3) for whom a request to be removed from the registry
58	58	has been received under Section 161.00706(e);
59	59	(4) for whom consent for continued inclusion in the
60	60	registry following the end of a disaster has not been received under
61	61	Section 161.00735(f); or
62	62	(5) for whom a request to remove information from the
63	63	registry has been received under Section 161.00735(g).
64	64	(j) Except as provided by Sections 161.00705, 161.00706,
65	65	161.00735(b), and 161.008, information obtained by the department
66	66	for the immunization registry is confidential and may be disclosed
67	67	only with the written consent of the individual or, if a child, the
68	68	child's parent, managing conservator, or guardian.
69	69	SECTION 2. Subsections (c) and (d), Section 161.00706,
70	70	Health and Safety Code, are amended to read as follows:
71	71	(c) The executive commissioner of the Health and Human
72	72	Services Commission shall:
73	73	(1) develop rules to ensure that immunization history
74	74	submitted under Subsection (a)(2) is medically verified
75	75	immunization information;
76	76	(2) develop guidelines for use by the department in
77	77	informing first responders about the registry and that registry
78	78	information may be released under Section 161.00735; and
79	79	(3) adopt rules necessary for the implementation of
80	80	this section.
81	81	(d) Except as provided by Section 161.00735, a [A] person's
82	82	immunization history or data received by the department under this
83	83	section may be released only on consent of the person or to any
84	84	health care provider licensed or otherwise authorized to administer
85	85	vaccines.
86	86	SECTION 3. Subsection (a), Section 161.0071, Health and
87	87	Safety Code, is amended to read as follows:
88	88	(a) The first time the department receives registry data for
89	89	a child for whom the department has received consent to be included
90	90	in the registry, from a person other than the child's parent,
91	91	managing conservator, or guardian, the department shall send a
92	92	written notice to the child's parent, managing conservator, or
93	93	guardian disclosing:
94	94	(1) that providers and payors may be sending the
95	95	child's immunization information to the department;
96	96	(2) the information that is included in the registry;
97	97	(3) the persons to whom the information may be
98	98	released under Sections 161.00735(b) and [Section] 161.008(d);
99	99	(4) the purpose and use of the registry;
100	100	(5) the procedure to exclude a child from the
101	101	registry; and
102	102	(6) the procedure to report a violation if a parent,
103	103	managing conservator, or guardian discovers a child is included in
104	104	the registry after exclusion has been requested.
105	105	SECTION 4. Subsection (a), Section 161.0073, Health and
106	106	Safety Code, is amended to read as follows:
107	107	(a) Except as provided by Sections [Section] 161.00705 and
108	108	161.00735, information that individually identifies a child or
109	109	other individual that is received by the department for the
110	110	immunization registry is confidential and may be used by the
111	111	department for registry purposes only.
112	112	SECTION 5. Subchapter A, Chapter 161, Health and Safety
113	113	Code, is amended by adding Section 161.00735 to read as follows:
114	114	Sec. 161.00735. RELEASE AND RECEIPT OF REGISTRY DATA IN
115	115	DISASTER. (a) In this section, "disaster" means a disaster
116	116	declared by the president of the United States, the governor of this
117	117	state, or the governor of another state.
118	118	(b) If the department determines that residents of this
119	119	state have evacuated or relocated to another state in response to a
120	120	disaster, the department may release registry data, except registry
121	121	data obtained under Section 161.00705, to the appropriate health
122	122	authority of that state or to local health authorities in that
123	123	state.
124	124	(c) The department may receive immunization information
125	125	from a health authority of another state or from a local health
126	126	authority in another state if the department determines that
127	127	residents of that state have evacuated or relocated to this state in
128	128	response to a disaster. The department shall include information
129	129	received under this subsection in the registry. Notwithstanding
130	130	Section 161.007, the department is not required to obtain written
131	131	consent for the inclusion in the registry of information received
132	132	under this subsection.
133	133	(d) Immunization information received under Subsection (c)
134	134	is subject to Section 161.0073, and may not be released except as
135	135	authorized by this chapter.
136	136	(e) The executive commissioner of the Health and Human
137	137	Services Commission, by rule, shall determine the period during
138	138	which the information collected under Subsection (c) must remain in
139	139	the immunization registry following the end of the disaster.
140	140	(f) Unless an individual or, if a child, the child's parent,
141	141	managing conservator, or guardian consents in writing to continued
142	142	inclusion of the individual's or child's information in the
143	143	registry, the department shall remove the immunization records
144	144	collected under Subsection (c) from the registry on the expiration
145	145	of the period prescribed by Subsection (e).
146	146	(g) If an individual or, if a child, the child's parent,
147	147	managing conservator, or guardian requests in writing that the
148	148	individual's or child's information obtained under Subsection (c)
149	149	be removed from the registry, the department shall remove that
150	150	information from the registry.
151	151	(h) The executive commissioner of the Health and Human
152	152	Services Commission shall make every effort to enter into a
153	153	memorandum of agreement with each state to which residents of this
154	154	state are likely to evacuate in a disaster on:
155	155	(1) the release and use of registry information under
156	156	this section to the appropriate health authority or local health
157	157	authority of that state, including the length of time the
158	158	information may be retained by that state; and
159	159	(2) the receipt and use of information submitted by
160	160	the health authority or local health authority of that state for
161	161	inclusion in the registry under this section.
162	162	SECTION 6. Subsection (a), Section 161.009, Health and
163	163	Safety Code, is amended to read as follows:
164	164	(a) A person commits an offense if the person:
165	165	(1) negligently releases or discloses immunization
166	166	registry information in violation of Section 161.007, 161.0071,
167	167	161.0073, or 161.008;
168	168	(2) fails to exclude a child's immunization
169	169	information in violation of Section 161.0071;
170	170	(3) fails to remove a person's immunization
171	171	information in violation of Section 161.00705, [or] 161.00706, or
172	172	161.00735; or
173	173	(4) negligently uses information in the immunization
174	174	registry to solicit new patients or clients or for other purposes
175	175	that are not associated with immunization or quality-of-care
176	176	purposes, unless authorized under this section.
177	177	SECTION 7. This Act takes effect September 1, 2009.
178	178	______________________________ ______________________________
179	179	President of the Senate Speaker of the House
180	180	I hereby certify that S.B. No. 347 passed the Senate on
181	181	March 19, 2009, by the following vote: Yeas 31, Nays 0; and that
182	182	the Senate concurred in House amendment on May 5, 2009, by the
183	183	following vote: Yeas 29, Nays 0.
184	184	______________________________
185	185	Secretary of the Senate
186	186	I hereby certify that S.B. No. 347 passed the House, with
187	187	amendment, on April 28, 2009, by the following vote: Yeas 144,
188	188	Nays 0, two present not voting.
189	189	______________________________
190	190	Chief Clerk of the House
191	191	Approved:
192	192	______________________________
193	193	Date
194	194	______________________________
195	195	Governor