83R2985 AJZ-D
By: Howard H.B. No. 771
A BILL TO BE ENTITLED
AN ACT
relating to information maintained in the immunization registry
after an individual becomes an adult.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 161.007(a-1), (a-2), (b), and (e),
Health and Safety Code, are amended to read as follows:
(a-1) The written or electronic consent required by
Subsection (a)(3) for an individual younger than 18 years of age is
required to be obtained only one time. After consent is submitted,
the individual's immunization information may be included in the
registry [The consent is valid] until the individual becomes 26
[18] years of age unless the consent is withdrawn in writing or
electronically. A parent, managing conservator, or guardian of a
minor may provide the consent by using an electronic signature on
the minor's birth certificate.
(a-2) An individual's legally authorized representative or
the individual, after the individual has attained 18 years of age,
may consent in writing or electronically for the individual's
information to be included [remain] in the registry [after the
individual's 18th birthday and for the individual's subsequent
immunizations to be included in the registry]. The written or
electronic consent of the minor's legally authorized
representative as described by Section 161.0001(1-c)(A) must be
submitted to the department before the individual's 18th birthday.
The written or electronic consent of the individual or the
individual's legally authorized representative as described by
Section 161.0001(1-c)(B) or (C) must be submitted to the department
not later than the individual's 26th [19th] birthday. The consent
of the representative or individual is valid until the individual
or the individual's legally authorized representative withdraws
consent in writing or electronically. The department may not
include in the registry the immunization information of an
individual who is 26 [18] years of age or older unless [until]
written or electronic consent has been obtained from the individual
or the individual's legally authorized representative as provided
by this subsection. The department shall coordinate with the Texas
Education Agency to distribute materials described in Section
161.0095(a)(2) to students and parents through local school
districts.
(b) Except as provided by Section 161.0071, the
immunization registry must contain information on the immunization
history that is obtained by the department under:
(1) this section of each individual for whom consent
has been obtained in accordance with guidelines adopted under
Subsection (a) [or (a-3), as applicable];
(2) Section 161.00705 of persons immunized to prepare
for or in response to a declared disaster, public health emergency,
terrorist attack, hostile military or paramilitary action, or
extraordinary law enforcement emergency;
(3) Section 161.00706 of first responders or their
immediate family members; and
(4) Section 161.00735 of persons evacuated or
relocated to this state because of a disaster.
(e) The department shall provide notice to a health care
provider that submits an immunization history for an individual for
whom consent cannot be verified. The notice shall contain
instructions for obtaining consent in accordance with guidelines
adopted under Subsection [Subsections] (a) [and (a-3)] and
resubmitting the immunization history to the department.
SECTION 2. Section 161.007(a-3), Health and Safety Code, is
repealed.
SECTION 3. The changes in law made by this Act to Section
161.007, Health and Safety Code, apply only to immunization
information in the immunization registry of a person who turns 18
years of age on or after the effective date of this Act. The
immunization information in the immunization registry of a person
who turns 18 years of age before the effective date of this Act is
covered by the law in effect immediately before that date, and that
law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2013.