Texas 2021 - 87th 1st C.S.

Texas Senate Bill SB74 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87S10936 JG-D
2	2	By: Kolkhorst S.B. No. 74
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the release or disclosure of vaccination or
8	8	immunization information to certain persons; providing a civil
9	9	penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter A, Chapter 161, Health and Safety
12	12	Code, is amended by adding Section 161.0093 to read as follows:
13	13	Sec. 161.0093. RELEASE OR DISCLOSURE OF VACCINATION OR
14	14	IMMUNIZATION INFORMATION TO CERTAIN PERSONS PROHIBITED; CIVIL
15	15	PENALTY. (a) In this section, "health authority" has the meaning
16	16	assigned by Section 81.003.
17	17	(b) An employee of the department or a health authority may
18	18	not release or otherwise disclose to any person an individual's
19	19	vaccination or immunization information received by the department
20	20	or health authority unless:
21	21	(1) the department or health authority, as applicable,
22	22	obtains the written or electronic consent of the individual or the
23	23	individual's legally authorized representative;
24	24	(2) the employee releases or discloses the information
25	25	to a health care provider in accordance with applicable state and
26	26	federal laws relating to the privacy, protection, confidentiality,
27	27	and transmission of health information; or
28	28	(3) the release or disclosure is otherwise authorized
29	29	by this subchapter.
30	30	(c) An individual who releases or discloses vaccination or
31	31	immunization information in violation of Subsection (b) is liable
32	32	to this state for a civil penalty in an amount not to exceed $50,000
33	33	for each violation. The attorney general may bring an action to
34	34	collect the civil penalty imposed under this subsection.
35	35	SECTION 2. Sections 161.007(a) and (j), Health and Safety
36	36	Code, are amended to read as follows:
37	37	(a) The department, for the primary purpose of establishing
38	38	and maintaining a single repository of accurate, complete, and
39	39	current immunization records to be used in aiding, coordinating,
40	40	and promoting efficient and cost-effective communicable disease
41	41	prevention and control efforts, shall establish and maintain an
42	42	immunization registry. The executive commissioner by rule shall
43	43	develop guidelines to:
44	44	(1) protect the confidentiality of patients in
45	45	accordance with Section 159.002, Occupations Code;
46	46	(2) inform the individual or the individual's legally
47	47	authorized representative about the registry [and that registry
48	48	information may be released under Section 161.00735];
49	49	(3) require the written or electronic consent of the
50	50	individual or the individual's legally authorized representative
51	51	before any information relating to the individual is included in
52	52	the registry;
53	53	(4) permit the individual or the individual's legally
54	54	authorized representative to withdraw consent for the individual to
55	55	be included in the registry; and
56	56	(5) determine the process by which consent is
57	57	verified, including affirmation by a health care provider, birth
58	58	registrar, regional health information exchange, or local
59	59	immunization registry that consent has been obtained.
60	60	(j) Except as provided by Sections 161.00705, 161.00706,
61	61	[161.00735(b),] and 161.008, information obtained by the
62	62	department for the immunization registry is confidential and may be
63	63	disclosed only with the written or electronic consent of the
64	64	individual or the individual's legally authorized representative.
65	65	SECTION 3. Section 161.00705(g), Health and Safety Code, is
66	66	amended to read as follows:
67	67	(g) The immunization information of a child or other
68	68	individual received by the department under this section, including
69	69	individually identifiable information, may be released only:
70	70	(1) on consent of the individual or, if a child, the
71	71	child's parent, managing conservator, or guardian; or
72	72	(2) to a [state agency or] health care provider
73	73	consistent with the purposes of this subchapter or the purposes of
74	74	aiding or coordinating communicable disease prevention and control
75	75	efforts during a declared disaster, public health emergency,
76	76	terrorist attack, hostile military or paramilitary action, or
77	77	extraordinary law enforcement emergency.
78	78	SECTION 4. Sections 161.00706(c) and (d), Health and Safety
79	79	Code, are amended to read as follows:
80	80	(c) The executive commissioner shall:
81	81	(1) develop rules to ensure that immunization history
82	82	submitted under Subsection (a)(2) is medically verified
83	83	immunization information;
84	84	(2) develop guidelines for use by the department in
85	85	informing first responders about the registry [and that registry
86	86	information may be released under Section 161.00735]; and
87	87	(3) adopt rules necessary for the implementation of
88	88	this section.
89	89	(d) A [Except as provided by Section 161.00735, a] person's
90	90	immunization history or data received by the department under this
91	91	section may be released only on consent of the person or to any
92	92	health care provider licensed or otherwise authorized to administer
93	93	vaccines.
94	94	SECTION 5. Section 161.0071(a), Health and Safety Code, is
95	95	amended to read as follows:
96	96	(a) The first time the department receives registry data for
97	97	an individual for whom the department has received consent to be
98	98	included in the registry, the department shall send notice to the
99	99	individual or the individual's legally authorized representative
100	100	disclosing:
101	101	(1) that providers and payors may be sending the
102	102	individual's immunization information to the department;
103	103	(2) the information that is included in the registry;
104	104	(3) the persons to whom the information may be
105	105	released under Section [Sections 161.00735(b) and] 161.008(d);
106	106	(4) the purpose and use of the registry;
107	107	(5) the procedure to exclude an individual from the
108	108	registry; and
109	109	(6) the procedure to report a violation if an
110	110	individual's information is included in the registry after
111	111	exclusion has been requested or consent has been withdrawn.
112	112	SECTION 6. Section 161.0073(a), Health and Safety Code, is
113	113	amended to read as follows:
114	114	(a) Except as provided by Section [Sections] 161.00705 [and
115	115	161.00735], information that individually identifies an individual
116	116	that is received by the department for the immunization registry is
117	117	confidential and may be used by the department for registry
118	118	purposes only.
119	119	SECTION 7. The heading to Section 161.00735, Health and
120	120	Safety Code, is amended to read as follows:
121	121	Sec. 161.00735. [RELEASE AND] RECEIPT OF REGISTRY DATA IN
122	122	DISASTER.
123	123	SECTION 8. Section 161.00735(h), Health and Safety Code, is
124	124	amended to read as follows:
125	125	(h) The executive commissioner shall make every effort to
126	126	enter into a memorandum of agreement with each state from [to] which
127	127	residents of that [this] state are likely to evacuate to this state
128	128	in a disaster on[:
129	129	[(1) the release and use of registry information under
130	130	this section to the appropriate health authority or local health
131	131	authority of that state, including the length of time the
132	132	information may be retained by that state; and
133	133	[(2)] the receipt and use of information submitted by
134	134	the health authority or local health authority of that state for
135	135	inclusion in the registry under this section.
136	136	SECTION 9. Section 161.0075, Health and Safety Code, is
137	137	amended to read as follows:
138	138	Sec. 161.0075. IMMUNITY FROM LIABILITY. Except as provided
139	139	by Sections [Section] 161.009 and 161.0093, the following persons
140	140	subject to this subchapter that act in compliance with Sections
141	141	161.007, 161.00705, 161.00706, 161.0071, 161.0073, 161.0074, and
142	142	161.008 are not civilly or criminally liable for furnishing the
143	143	information required under this subchapter:
144	144	(1) a payor;
145	145	(2) a health care provider who administers
146	146	immunizations; and
147	147	(3) an employee of the department.
148	148	SECTION 10. Section 161.008(d), Health and Safety Code, is
149	149	amended to read as follows:
150	150	(d) The department may release the data constituting an
151	151	immunization record for the individual to:
152	152	(1) a health care provider treating the individual or
153	153	an organization to which the individual is a member [any entity that
154	154	is described by Subsection (c)]; or
155	155	(2) [a school or child care facility in which the
156	156	individual is enrolled;
157	157	[(3) a state agency having legal custody of the
158	158	individual; or
159	159	[(4)] an employer of a first responder or a first
160	160	responder in accordance with Section 161.00708.
161	161	SECTION 11. Section 161.00735(b), Health and Safety Code,
162	162	is repealed.
163	163	SECTION 12. The changes in law made by this Act apply only
164	164	to the release or disclosure of information on or after the
165	165	effective date of this Act. The release or disclosure of
166	166	information before the effective date of this Act is governed by the
167	167	law in effect when the release or disclosure was made, and the
168	168	former law is continued in effect for that purpose.
169	169	SECTION 13. This Act takes effect December 1, 2021.