Texas 2021 - 87th Regular

Texas House Bill HB4272 Compare Versions

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1		-	By: Klick, et al. (Senate Sponsor - Kolkhorst) H.B. No. 4272
2		-	(In the Senate - Received from the House May 10, 2021;
3		-	May 12, 2021, read first time and referred to Committee on Health &
4		-	Human Services; May 21, 2021, reported adversely, with favorable
5		-	Committee Substitute by the following vote: Yeas 8, Nays 0;
6		-	May 21, 2021, sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR H.B. No. 4272 By: Seliger
	1	+	By: Klick, Oliverson, Howard, Jetton, Guerra, H.B. No. 4272
	2	+	et al.
9	3
10	4
11	5		A BILL TO BE ENTITLED
12	6		AN ACT
13		-	relating to requirements for ~~and prohibited uses of information~~
14		-	~~contained in the~~ immunization registry.
	7	+	relating to requirements for information contained in the
	8	+	immunization registry.
15	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	10		SECTION 1. Sections 161.007(a) and (a-1), Health and Safety
17	11		Code, are amended to read as follows:
18	12		(a) The department, for the primary purpose of establishing
19	13		and maintaining a single repository of accurate, complete, and
20	14		current immunization records to be used in aiding, coordinating,
21	15		and promoting efficient and cost-effective communicable disease
22	16		prevention and control efforts, shall establish and maintain an
23	17		immunization registry. The executive commissioner by rule shall
24	18		develop guidelines to:
25	19		(1) protect the confidentiality of patients in
26	20		accordance with Section 159.002, Occupations Code;
27	21		(2) inform the individual or the individual's legally
28	22		authorized representative about the registry and that registry
29	23		information may be released under Section 161.00735;
30	24		(3) require the written or electronic consent of the
31	25		individual or the individual's legally authorized representative
32	26		before any information relating to the individual is included in
33	27		the registry;
34	28		(4) permit the individual or the individual's legally
35	29		authorized representative to withdraw consent for the individual to
36	30		be included in the registry; [and]
37	31		(5) determine the process by which consent for the
38	32		individual's information to be included in the registry is
39	33		verified, including affirmation by a health care provider, birth
40	34		registrar, regional health information exchange, or local
41	35		immunization registry that consent has been obtained; and
42	36		(6) determine the process by which the immunization
43	37		information of a first responder or immediate family member of a
44	38		first responder may be accessed under Section 161.00708.
45	39		(a-1) The written or electronic consent required by
46	40		Subsection (a)(3) for an individual [younger than 18 years of age]
47	41		is required to be obtained only one time. The written or electronic
48	42		consent of the individual, or, for a minor child, the individual's
49	43		parent, managing conservator, or guardian must be submitted to the
50	44		department [before the individual's 18th birthday]. After consent
51	45		is submitted, the individual's immunization information may be
52	46		included in the registry [until the individual becomes 26 years of
53	47		age] unless the consent is withdrawn in writing or electronically[,
54	48		or renewed after the individual's 18th birthday as provided by
55	49		Subsection (a-2)]. A parent, managing conservator, or guardian of a
56	50		minor may provide the consent by using an electronic signature on
57	51		the minor's birth certificate.
58	52		SECTION 2. Section 161.00705, Health and Safety Code, is
59	53		amended by amending Subsections (d) and (e) and adding Subsections
60	54		(f-1), (f-2), (f-3), and (f-4) to read as follows:
61	55		(d) Sections 161.007, 161.0071, 161.0072, [and] 161.0074,
62	56		and 161.008 apply to the data elements submitted to the department
63	57		under this section, unless a provision in those sections conflicts
64	58		with a requirement in this section.
65		-	(e) The [executive commissioner by rule shall determine ~~the~~
66		-	period during which the] information collected under this ~~section~~
67		-	must remain in the immunization registry ~~for seven years following~~
68		-	~~the end~~ of the disaster, public health emergency, terrorist ~~attack,~~
69		-	hostile military or paramilitary action, or extraordinary ~~law~~
70		-	enforcement emergency.
	59	+	(e) The [executive commissioner by rule shall determine
	60	+	the] period during which the information collected under this
	61	+	section must remain in the immunization registry following the end
	62	+	of the disaster is seven years[, public health emergency, terrorist
	63	+	attack, hostile military or paramilitary action, or extraordinary
	64	+	law enforcement emergency].
71	65		(f-1) The executive commissioner by rule shall develop
72	66		guidelines and procedures for obtaining the consent required by
73	67		Subsection (f) from an individual or the individual's legally
74	68		authorized representative for continued inclusion in the registry
75	69		of information collected under this section beyond the period
76	70		prescribed by Subsection (e).
77		-	(f-2) The department shall make a reasonable effort to
78		-	provide notice to an individual or an individual's legally
79		-	authorized representative of the inclusion of the individual's
80		-	immunization history in the registry under this section if the
81		-	consent required under Subsection (f) has not been obtained before
82		-	expiration of the period prescribed by Subsection (e). The
83		-	reasonable effort shall include at least two attempts by the
84		-	department to provide the notice required by this subsection by
85		-	telephone or e-mail, or by regular mail to the last known address of
86		-	the individual or the individual's legally authorized
87		-	representative. The notice must inform the individual or the
88		-	individual's legally authorized representative that the
	71	+	(f-2) For an individual whose immunization history is
	72	+	included in the registry under this section and for whom the consent
	73	+	required under Subsection (f) for continued inclusion has not been
	74	+	obtained from the individual or the individual's legally authorized
	75	+	representative, prior to the expiration of the period prescribed by
	76	+	Subsection (e), the department shall make a reasonable effort to
	77	+	provide notice to the individual or the individual's legally
	78	+	authorized representative. The reasonable effort shall include at
	79	+	least two attempts by the department to provide the notice required
	80	+	by this subsection by telephone or e-mail, or by regular mail to the
	81	+	last known address of the individual or the individual's legally
	82	+	authorized representative. The notice must inform the individual or
	83	+	the individual's legally authorized representative that the
89	84		individual's immunization records collected under this section
90		-	will be removed from ~~the~~ immunization registry on the expiration of
91		-	~~the~~ period prescribed under Subsection (e) unless the individual or
92		-	~~the~~ individual's legally authorized representative consents to
	85	+	will be removed from immunization registry on the expiration of the
	86	+	period prescribed under Subsection (e) unless the individual or the
	87	+	individual's legally authorized representative consents to
93	88		continued inclusion as provided by Subsection (f).
94	89		(f-3) The department shall make a reasonable effort to
95	90		obtain current contact information for written or electronic
96	91		notices sent by the department under Subsection (f-2) that are
97	92		returned due to incorrect address information.
98	93		(f-4) Consent for inclusion in the immunization registry
99		-	obtained under Section 161.007(a-1) ~~must~~ meet the consent
	94	+	obtained under Section 161.007(a-1) shall meet the consent
100	95		requirements of Subsection (f).
101	96		SECTION 3. Section 161.00708, Health and Safety Code, is
102	97		amended to read as follows:
103	98		Sec. 161.00708. ACCESS TO FIRST RESPONDER AND IMMEDIATE
104	99		FAMILY MEMBER IMMUNIZATION HISTORY. (a) The department shall
105	100		establish a process to provide an employer of a first responder with
106	101		direct access to the first responder's immunization information in
107	102		the immunization registry for verification of the first responder's
108	103		immunization history. The process must require:
109	104		(1) a first responder to provide electronic or written
110	105		consent before the employer is granted direct access to the first
111	106		responder's immunization information in the immunization registry;
112	107		and
113	108		(2) affirmation by the employer that the first
114	109		responder is a current employee of the employer.
115	110		(b) A first responder may withdraw consent provided under
116	111		Subsection (a)(1) at any time.
117	112		(c) [(b)] The department may establish a process to provide
118	113		a first responder or an immediate family member of a first responder
119	114		with access to the individual's own [first responder's]
120	115		immunization information in the immunization registry.
121		-	SECTION 4. Subchapter A, Chapter 161, Health and Safety
122		-	Code, is amended by adding Section 161.00709 to read as follows:
123		-	Sec. 161.00709. CONSENT PORTAL. The department shall
124		-	develop and maintain a secure Internet portal accessible through
125		-	the department's Internet website through which an individual or
126		-	the individual's legally authorized representative may request
127		-	exclusion of the individual's immunization records from the
128		-	registry in accordance with Section 161.0071(f).
129		-	SECTION 5. Section 161.0071, Health and Safety Code, is
	116	+	SECTION 4. Section 161.0071, Health and Safety Code, is
130	117		amended by adding Subsection (f) to read as follows:
131	118		(f) An individual or the individual's legally authorized
132		-	representative may request ~~exclusion of~~ the individual's
	119	+	representative may request to exclude the individual's
133	120		immunization records from the registry through a secure portal
134		-	accessed through the department's ~~Internet~~ website.
135		-	SECTION 6. Section 161.00735(e), Health and Safety Code, is
	121	+	accessed through the department's website.
	122	+	SECTION 5. Section 161.00735(e), Health and Safety Code, is
136	123		amended to read as follows:
137		-	(e) The [executive commissioner by rule shall determine the
138		-	period during which the] information collected under Subsection (c)
139		-	must remain in the immunization registry for seven years following
140		-	the end of the disaster.
141		-	SECTION 7. Section 161.008, Health and Safety Code, is
142		-	amended by amending Subsections (c) and (d) and adding Subsection
143		-	(c-1) to read as follows:
	124	+	(e) The [executive commissioner by rule shall determine
	125	+	the] period during which the information collected under Subsection
	126	+	(c) must remain in the immunization registry following the end of
	127	+	the disaster is seven years.
	128	+	SECTION 6. Section 161.008, Health and Safety Code, is
	129	+	amended by amending Subsections (c) and (d) to read as follows:
144	130		(c) The department may obtain the data constituting an
145	131		immunization record for an individual from a public health
146	132		district, a local health department, the individual or the
147	133		individual's legally authorized representative, a physician to the
148	134		individual, a payor, or any health care provider licensed or
149		-	otherwise authorized to administer vaccines.
150		-	~~(c-1) Except as provided by~~ Section 161.00705, the [The]
151		-	~~department shall verify consent before~~ including the reported
152		-	~~information in the immunization registry~~. The department may not
153		-	~~retain individually identifiable~~ information about an individual
154		-	~~for whom consent cannot be~~ verified.
	135	+	otherwise authorized to administer vaccines. Except as provided by
	136	+	Section 161.00705, the [The] department shall verify consent before
	137	+	including the reported information in the immunization registry and
	138	+	[. The department] may not retain individually identifiable
	139	+	information about an individual for whom consent cannot be
	140	+	verified.
155	141		(d) The department may release the data constituting an
156	142		immunization record for the individual to:
157	143		(1) any entity that is described by Subsection (c);
158	144		(2) a school or child care facility in which the
159	145		individual is enrolled;
160	146		(3) a state agency having legal custody of the
161	147		individual; or
162	148		(4) an employer of a first responder, [or] a first
163	149		responder, or an immediate family member of a first responder in
164	150		accordance with Section 161.00708.
165		-	SECTION 8. Subchapter A, Chapter 161, Health and Safety
166		-	Code, is amended by adding Section 161.0085 to read as follows:
167		-	Sec. 161.0085. COVID-19 VACCINE PASSPORTS AND VACCINATION
168		-	AS EMPLOYMENT CONDITION PROHIBITED. (a) In this section,
169		-	"COVID-19" means the 2019 novel coronavirus disease.
170		-	(b) A governmental entity in this state, using information
171		-	from the immunization registry authorized by Section 161.007, may
172		-	not issue a vaccine passport, vaccine pass, or other standardized
173		-	documentation to certify an individual's COVID-19 vaccination
174		-	status to a third party for a purpose other than health care or
175		-	otherwise publish or share any individual's COVID-19 immunization
176		-	record or similar health information for a purpose other than
177		-	health care.
178		-	(c) A business in this state, using information from the
179		-	immunization registry authorized by Section 161.007, may not
180		-	require a customer to provide any documentation certifying the
181		-	customer's COVID-19 vaccination or post-transmission recovery on
182		-	entry to, to gain access to, or to receive service from the
183		-	business. A business that fails to comply with this subsection is
184		-	not eligible to receive a grant or enter into a contract payable
185		-	with state funds.
186		-	(d) An employer in this state, using information from the
187		-	immunization registry authorized by Section 161.007, may not fail
188		-	or refuse to hire, discharge, or otherwise discriminate against an
189		-	individual with respect to compensation or the terms, conditions,
190		-	or privileges of employment because the individual does not provide
191		-	any documentation or other proof certifying the individual's
192		-	COVID-19 vaccination status.
193		-	(e) Notwithstanding any other law, each appropriate state
194		-	agency shall ensure that businesses and employers in this state
195		-	comply with Subsections (c) and (d), as applicable, and may require
196		-	compliance with those subsections as a condition for a license,
197		-	permit, or other state authorization necessary for conducting
198		-	business or employing individuals in this state.
199		-	(f) This section may not be construed to:
200		-	(1) restrict a business or employer from implementing
201		-	COVID-19 screening and infection control protocols in accordance
202		-	with state and federal law to protect public health; or
203		-	(2) interfere with an individual's right to access the
204		-	individual's personal health information under federal law.
205		-	SECTION 9. Section 161.0107, Health and Safety Code, is
	151	+	SECTION 7. Section 161.0107, Health and Safety Code, is
206	152		amended by amending Subsection (c) and adding Subsection (e) to
207	153		read as follows:
208	154		(c) The executive commissioner by rule shall specify:
209	155		(1) the fields necessary to populate the immunization
210	156		registry, including a "yes" or "no" field that indicates the
211	157		patient's consent to be listed in the immunization registry has
212	158		been obtained; and
213	159		(2) the data standards that must be used for
214	160		electronic submission of immunization information.
215		-	(e) The fields and data standards described by Subsection
216		-	(c) may not include demographic information relating to the
217		-	patient.
218		-	SECTION 10. Sections 161.007(a-2), (a-3), (a-4), (a-5), and
	161	+	(e) The fields and data standards specified in Subsection
	162	+	(c) relating to a patient's consent to be included in the registry
	163	+	shall not include demographic information relating to the patient.
	164	+	SECTION 8. Subchapter A, Chapter 161, Health and Safety
	165	+	Code, is amended by adding Section 161.00709 to read as follows:
	166	+	Sec. 161.00709. CONSENT PORTAL. The department shall
	167	+	develop and maintain a secure Internet portal through which an
	168	+	individual or the individual's legally authorized representative
	169	+	may request to exclude the individual's immunization records from
	170	+	the registry in accordance with Section 161.0071(f).
	171	+	SECTION 9. Sections 161.007(a-2), (a-3), (a-4), (a-5), and
219	172		(a-6), Health and Safety Code, are repealed.
220		-	SECTION 11. As soon as practicable after the effective date
221		-	of this Act, the Department of State Health Services shall develop
222		-	the Internet portal required by Section 161.00709, Health and
223		-	Safety Code, as added by this Act.
224		-	SECTION 12. This Act takes effect September 1, 2021.
225		-	* * * * *
	173	+	SECTION 10. As soon as practicable after September 1, 2021,
	174	+	the Department of State Health Services shall develop the Internet
	175	+	portal required by Section 161.00709, Health and Safety Code, as
	176	+	added by this Act.
	177	+	SECTION 11. This Act takes effect September 1, 2021.