Texas 2021 - 87th 3rd C.S.

Texas House Bill HB120 Compare Versions

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

Old	New	Differences
1	1	87S30097 JG-F
2	2	By: Jetton H.B. No. 120
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. PROHIBITED RELEASE OR DISCLOSURE OF
14	14	VACCINATION OR IMMUNIZATION INFORMATION TO CERTAIN PERSONS; 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 or agent of the department or a health
18	18	authority may not release or otherwise disclose to any person an
19	19	individual's vaccination or immunization information received by
20	20	the department 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 or agent releases or discloses the
25	25	information to a health care provider in accordance with applicable
26	26	state and federal laws relating to the privacy, protection,
27	27	confidentiality, and transmission of health information; or
28	28	(3) the release or disclosure is otherwise authorized
29	29	by this subchapter.
30	30	(c) A person who obtains an individual's vaccination or
31	31	immunization information under this subchapter may not release or
32	32	otherwise disclose the information to a third party, including
33	33	under a contract or subcontract, for the purpose of encouraging
34	34	individuals to obtain a vaccine or to provide educational materials
35	35	on a vaccine.
36	36	(d) A person who releases or discloses vaccination or
37	37	immunization information in violation of Subsection (b) or (c) is
38	38	liable to this state for a civil penalty in an amount of not less
39	39	than $2,000 and not more than $50,000 for each violation. The
40	40	attorney general may bring an action to collect the civil penalty
41	41	imposed under this subsection.
42	42	SECTION 2. Sections 161.007(a) and (j), Health and Safety
43	43	Code, are amended to read as follows:
44	44	(a) The department, for the primary purpose of establishing
45	45	and maintaining a single repository of accurate, complete, and
46	46	current immunization records to be used in aiding, coordinating,
47	47	and promoting efficient and cost-effective communicable disease
48	48	prevention and control efforts, shall establish and maintain an
49	49	immunization registry. The executive commissioner by rule shall
50	50	develop guidelines to:
51	51	(1) protect the confidentiality of patients in
52	52	accordance with Section 159.002, Occupations Code;
53	53	(2) inform the individual or the individual's legally
54	54	authorized representative about the registry [and that registry
55	55	information may be released under Section 161.00735];
56	56	(3) require the written or electronic consent of the
57	57	individual or the individual's legally authorized representative
58	58	before any information relating to the individual is included in
59	59	the registry;
60	60	(4) permit the individual or the individual's legally
61	61	authorized representative to withdraw consent for the individual to
62	62	be included in the registry; and
63	63	(5) determine the process by which consent is
64	64	verified, including affirmation by a health care provider, birth
65	65	registrar, regional health information exchange, or local
66	66	immunization registry that consent has been obtained.
67	67	(j) Except as provided by Sections 161.00705, 161.00706,
68	68	[161.00735(b),] and 161.008, information obtained by the
69	69	department for the immunization registry is confidential and may be
70	70	disclosed only with the written or electronic consent of the
71	71	individual or the individual's legally authorized representative.
72	72	SECTION 3. Section 161.00705(g), Health and Safety Code, is
73	73	amended to read as follows:
74	74	(g) The immunization information of a child or other
75	75	individual received by the department under this section, including
76	76	individually identifiable information, may be released only:
77	77	(1) on consent of the individual or, if a child, the
78	78	child's parent, managing conservator, or guardian; or
79	79	(2) to a [state agency or] health care provider
80	80	consistent with the purposes of this subchapter or the purposes of
81	81	aiding or coordinating communicable disease prevention and control
82	82	efforts during a declared disaster, public health emergency,
83	83	terrorist attack, hostile military or paramilitary action, or
84	84	extraordinary law enforcement emergency.
85	85	SECTION 4. Sections 161.00706(c) and (d), Health and Safety
86	86	Code, are amended to read as follows:
87	87	(c) The executive commissioner shall:
88	88	(1) develop rules to ensure that immunization history
89	89	submitted under Subsection (a)(2) is medically verified
90	90	immunization information;
91	91	(2) develop guidelines for use by the department in
92	92	informing first responders about the registry [and that registry
93	93	information may be released under Section 161.00735]; and
94	94	(3) adopt rules necessary for the implementation of
95	95	this section.
96	96	(d) A [Except as provided by Section 161.00735, a] person's
97	97	immunization history or data received by the department under this
98	98	section may be released only on consent of the person or to any
99	99	health care provider licensed or otherwise authorized to administer
100	100	vaccines.
101	101	SECTION 5. Section 161.0071(a), Health and Safety Code, is
102	102	amended to read as follows:
103	103	(a) The first time the department receives registry data for
104	104	an individual for whom the department has received consent to be
105	105	included in the registry, the department shall send notice to the
106	106	individual or the individual's legally authorized representative
107	107	disclosing:
108	108	(1) that providers and payors may be sending the
109	109	individual's immunization information to the department;
110	110	(2) the information that is included in the registry;
111	111	(3) the persons to whom the information may be
112	112	released under Section [Sections 161.00735(b) and] 161.008(d);
113	113	(4) the purpose and use of the registry;
114	114	(5) the procedure to exclude an individual from the
115	115	registry; and
116	116	(6) the procedure to report a violation if an
117	117	individual's information is included in the registry after
118	118	exclusion has been requested or consent has been withdrawn.
119	119	SECTION 6. Section 161.0073(a), Health and Safety Code, is
120	120	amended to read as follows:
121	121	(a) Except as provided by Section [Sections] 161.00705 [and
122	122	161.00735], information that individually identifies an individual
123	123	that is received by the department for the immunization registry is
124	124	confidential and may be used by the department for registry
125	125	purposes only.
126	126	SECTION 7. The heading to Section 161.00735, Health and
127	127	Safety Code, is amended to read as follows:
128	128	Sec. 161.00735. [RELEASE AND] RECEIPT OF REGISTRY DATA IN
129	129	DISASTER.
130	130	SECTION 8. Section 161.00735(h), Health and Safety Code, is
131	131	amended to read as follows:
132	132	(h) The executive commissioner shall make every effort to
133	133	enter into a memorandum of agreement with each state from [to] which
134	134	residents of that [this] state are likely to evacuate to this state
135	135	in a disaster on[:
136	136	[(1) the release and use of registry information under
137	137	this section to the appropriate health authority or local health
138	138	authority of that state, including the length of time the
139	139	information may be retained by that state; and
140	140	[(2)] the receipt and use of information submitted by
141	141	the health authority or local health authority of that state for
142	142	inclusion in the registry under this section.
143	143	SECTION 9. Section 161.0075, Health and Safety Code, is
144	144	amended to read as follows:
145	145	Sec. 161.0075. IMMUNITY FROM LIABILITY. Except as provided
146	146	by Sections [Section] 161.009 and 161.0093, the following persons
147	147	subject to this subchapter that act in compliance with Sections
148	148	161.007, 161.00705, 161.00706, 161.0071, 161.0073, 161.0074, and
149	149	161.008 are not civilly or criminally liable for furnishing the
150	150	information required under this subchapter:
151	151	(1) a payor;
152	152	(2) a health care provider who administers
153	153	immunizations; and
154	154	(3) an employee of the department.
155	155	SECTION 10. Section 161.008(d), Health and Safety Code, is
156	156	amended to read as follows:
157	157	(d) The department may release the data constituting an
158	158	immunization record for the individual to:
159	159	(1) a health care provider treating the individual or
160	160	an organization to which the individual is a member [any entity that
161	161	is described by Subsection (c)]; or
162	162	(2) [a school or child care facility in which the
163	163	individual is enrolled;
164	164	[(3) a state agency having legal custody of the
165	165	individual; or
166	166	[(4)] an employer of a first responder or a first
167	167	responder in accordance with Section 161.00708.
168	168	SECTION 11. Section 161.00735(b), Health and Safety Code,
169	169	is repealed.
170	170	SECTION 12. The changes in law made by this Act apply only
171	171	to the release or disclosure of information on or after the
172	172	effective date of this Act. The release or disclosure of
173	173	information before the effective date of this Act is governed by the
174	174	law in effect when the release or disclosure was made, and the
175	175	former law is continued in effect for that purpose.
176	176	SECTION 13. This Act takes effect February 1, 2022.