Texas 2015 - 84th Regular

Texas House Bill HB2171 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Sheffield, et al. (Senate Sponsor - Zaffirini) H.B. No. 2171
2		-	(In the Senate - Received from the House May 5, 2015;
3		-	May 7, 2015, read first time and referred to Committee on Health
4		-	and Human Services; May 22, 2015, reported favorably by the
5		-	following vote: Yeas 7, Nays 2; May 22, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 2171
7	2
8	3
9		-	COMMITTEE VOTE
10		-	YeaNayAbsentPNV
11		-	SchwertnerX
12		-	KolkhorstX
13		-	CampbellX
14		-	EstesX
15		-	PerryX
16		-	RodríguezX
17		-	TaylorofCollinX
18		-	UrestiX
19		-	ZaffiriniX
20		-	A BILL TO BE ENTITLED
21	4		AN ACT
22	5		relating to information maintained in the immunization registry
23	6		with the consent of an individual after the individual becomes an
24	7		adult.
25	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
26	9		SECTION 1. Section 161.007, Health and Safety Code, is
27	10		amended by amending Subsections (a-1), (a-2), (b), and (e) and
28	11		adding Subsections (a-4), (a-5), and (a-6), and amending Subsection
29	12		(a-3), as amended by S.B. 219, Acts of the 84th Legislature, Regular
30	13		Session, 2015, to read as follows:
31	14		(a-1) The written or electronic consent required by
32	15		Subsection (a)(3) for an individual younger than 18 years of age is
33	16		required to be obtained only one time. The written or electronic
34	17		consent of the individual's parent, managing conservator, or
35	18		guardian must be submitted to the department before the
36	19		individual's 18th birthday. After consent is submitted, the
37	20		individual's immunization information may be included in the
38	21		registry [The consent is valid] until the individual becomes 26
39	22		[18] years of age unless the consent is withdrawn in writing or
40	23		electronically, or renewed after the individual's 18th birthday as
41	24		provided by Subsection (a-2). A parent, managing conservator, or
42	25		guardian of a minor may provide the consent by using an electronic
43	26		signature on the minor's birth certificate.
44	27		(a-2) The written or electronic consent required by
45	28		Subsection (a)(3) for an individual who is 18 years of age or older
46	29		is required to be obtained only one time and must be received from
47	30		the individual before the information may be released. An
48	31		individual's legally authorized representative or the individual,
49	32		after the individual has attained 18 years of age, may consent in
50	33		writing or electronically for the individual's information to
51	34		remain in the registry [after the individual's 18th birthday and
52	35		for the individual's subsequent immunizations to be included in the
53	36		registry]. [The written or electronic consent of the minor's
54	37		legally authorized representative as described by Section
55	38		161.0001(1-c)(A) must be submitted to the department before the
56	39		individual's 18th birthday. The written or electronic consent of
57	40		the individual or the individual's legally authorized
58	41		representative as described by Section 161.0001(1-c)(B) or (C) must
59	42		be submitted to the department not later than the individual's 19th
60	43		birthday.] The consent of the representative or individual is valid
61	44		until the individual or the individual's legally authorized
62	45		representative withdraws consent in writing or electronically. The
63	46		department may not include in the registry the immunization
64	47		information of an individual who is 26 [18] years of age or older
65	48		until written or electronic consent has been obtained as provided
66	49		by this subsection. The department shall coordinate with the Texas
67	50		Education Agency to distribute materials described in Section
68	51		161.0095(a)(2) to students and parents through local school
69	52		districts.
70	53		(a-3) The executive commissioner by rule shall develop
71	54		guidelines and procedures for obtaining consent from an individual
72	55		after the individual's 18th birthday, including procedures for
73	56		retaining immunization information in a separate database that is
74	57		inaccessible by any person other than the department during the
75	58		eight-year [one-year] period during which an individual who is 18
76	59		years of age or older [an 18-year-old] may consent to inclusion in
77	60		the registry under Subsection (a-2).
78	61		(a-4) After an individual's 18th birthday, the department
79	62		shall make a reasonable effort to provide notice to an individual
80	63		whose immunization information is included in the registry with
81	64		consent that was provided by a parent, managing conservator, or
82	65		guardian under Subsection (a-1). The reasonable effort shall
83	66		include at least two attempts by the department to provide the
84	67		notice required by this subsection by telephone or e-mail, by
85	68		regular mail to the individual's last known address, or by general
86	69		outreach efforts through the individual's health care provider,
87	70		school district, or institution of higher education. The notice
88	71		must inform the individual that the individual's immunization
89	72		records will be included in the registry until the date of the
90	73		individual's 26th birthday unless the individual or the
91	74		individual's legally authorized representative:
92	75		(1) withdraws consent in writing or electronically
93	76		before that date; or
94	77		(2) provides consent for the records to continue to be
95	78		included in the registry as provided by Subsection (a-2).
96	79		(a-5) After an individual's 25th birthday, the department
97	80		shall make a reasonable effort to provide notice to an individual
98	81		whose immunization information is included in the registry with
99	82		consent that was provided under Subsection (a-1) and has not been
100	83		renewed under Subsection (a-2). The reasonable effort shall
101	84		include at least two attempts by the department to provide the
102	85		notice required by this subsection by telephone or e-mail, by
103	86		regular mail to the individual's last known address, or by general
104	87		outreach efforts through the individual's health care provider or
105	88		institution of higher education. The notice must inform the
106	89		individual that the individual's immunization records will be
107	90		included in the immunization registry until the individual's 26th
108	91		birthday unless the individual or the individual's legally
109	92		authorized representative renews consent as provided by Subsection
110	93		(a-2).
111	94		(a-6) The department shall make a reasonable effort to
112	95		obtain current contact information for written or electronic
113	96		notices sent by the department under Subsection (a-5) that are
114	97		returned due to incorrect address information.
115	98		(b) Except as provided by Section 161.0071, the
116	99		immunization registry must contain information on the immunization
117	100		history that is obtained by the department under:
118	101		(1) this section of each individual for whom consent
119	102		has been obtained in accordance with guidelines adopted under
120	103		Subsection (a) [or (a-3), as applicable];
121	104		(2) Section 161.00705 of persons immunized to prepare
122	105		for or in response to a declared disaster, public health emergency,
123	106		terrorist attack, hostile military or paramilitary action, or
124	107		extraordinary law enforcement emergency;
125	108		(3) Section 161.00706 of first responders or their
126	109		immediate family members; and
127	110		(4) Section 161.00735 of persons evacuated or
128	111		relocated to this state because of a disaster.
129	112		(e) The department shall provide notice to a health care
130	113		provider that submits an immunization history for an individual for
131	114		whom consent cannot be verified. The notice shall contain
132	115		instructions for obtaining consent in accordance with guidelines
133	116		adopted under Subsection [Subsections] (a) [and (a-3)] and
134	117		resubmitting the immunization history to the department.
135	118		SECTION 2. The changes in law made by this Act to Section
136	119		161.007, Health and Safety Code, apply only to immunization
137	120		information in the immunization registry of a person who turns 18
138	121		years of age on or after the effective date of this Act. The
139	122		immunization information in the immunization registry of a person
140	123		who turns 18 years of age before the effective date of this Act is
141	124		governed by the law in effect immediately before that date, and that
142	125		law is continued in effect for that purpose.
143	126		SECTION 3. This Act takes effect September 1, 2015.
144		-	* * * * *
	127	+	______________________________ ______________________________
	128	+	President of the Senate Speaker of the House
	129	+	I certify that H.B. No. 2171 was passed by the House on May 4,
	130	+	2015, by the following vote: Yeas 114, Nays 25, 2 present, not
	131	+	voting.
	132	+	______________________________
	133	+	Chief Clerk of the House
	134	+	I certify that H.B. No. 2171 was passed by the Senate on May
	135	+	24, 2015, by the following vote: Yeas 23, Nays 7.
	136	+	______________________________
	137	+	Secretary of the Senate
	138	+	APPROVED: _____________________
	139	+	Date
	140	+	_____________________
	141	+	Governor