Texas 2025 - 89th Regular

Texas House Bill HB2872 Compare Versions

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

Old	New	Differences
1	1	89R4966 KRM-F
2	2	By: Olcott H.B. No. 2872
3	3
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the release or disclosure of vaccination or
10	10	immunization information; providing a civil penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter A, Chapter 161, Health and Safety
13	13	Code, is amended by adding Section 161.0093 to read as follows:
14	14	Sec. 161.0093. PROHIBITED RELEASE OR DISCLOSURE OF
15	15	VACCINATION OR IMMUNIZATION INFORMATION; EXCEPTIONS; CIVIL
16	16	PENALTY. (a) In this section, "health authority" has the meaning
17	17	assigned by Section 81.003.
18	18	(b) An employee or agent of the department or a health
19	19	authority may not release or otherwise disclose to any person an
20	20	individual's vaccination or immunization information the
21	21	department or health authority receives unless:
22	22	(1) the department or health authority, as applicable,
23	23	obtains the written or electronic consent of the individual or the
24	24	individual's legally authorized representative;
25	25	(2) the employee or agent releases or discloses the
26	26	information to a health care provider in accordance with applicable
27	27	state and federal laws relating to the privacy, protection,
28	28	confidentiality, and transmission of health information; or
29	29	(3) the release or disclosure is otherwise authorized
30	30	by this subchapter.
31	31	(c) A person who obtains an individual's vaccination or
32	32	immunization information under this subchapter may not release or
33	33	otherwise disclose the information to a third party, including
34	34	under a contract or subcontract, for the purpose of encouraging
35	35	individuals to obtain a vaccine or to provide educational materials
36	36	on a vaccine.
37	37	(d) A person who releases or discloses vaccination or
38	38	immunization information in violation of Subsection (b) or (c) is
39	39	liable to this state for a civil penalty in an amount of not less
40	40	than $2,000 and not more than $50,000 for each violation. The
41	41	attorney general may bring an action to collect the civil penalty
42	42	imposed under this subsection.
43	43	SECTION 2. Sections 161.007(a) and (j), Health and Safety
44	44	Code, are amended to read as follows:
45	45	(a) The department, for the primary purpose of establishing
46	46	and maintaining a single repository of accurate, complete, and
47	47	current immunization records to be used in aiding, coordinating,
48	48	and promoting efficient and cost-effective communicable disease
49	49	prevention and control efforts, shall establish and maintain an
50	50	immunization registry. The executive commissioner by rule shall
51	51	develop guidelines to:
52	52	(1) protect the confidentiality of patients in
53	53	accordance with Section 159.002, Occupations Code;
54	54	(2) inform the individual or the individual's legally
55	55	authorized representative about the registry [and that registry
56	56	information may be released under Section 161.00735];
57	57	(3) require the written or electronic consent of the
58	58	individual or the individual's legally authorized representative
59	59	before any information relating to the individual is included in
60	60	the registry;
61	61	(4) permit the individual or the individual's legally
62	62	authorized representative to withdraw consent for the individual to
63	63	be included in the registry; and
64	64	(5) determine the process by which consent is
65	65	verified, including affirmation by a health care provider, birth
66	66	registrar, regional health information exchange, or local
67	67	immunization registry that consent has been obtained.
68	68	(j) Except as provided by Sections 161.00705, 161.00706,
69	69	[161.00735(b),] and 161.008, information obtained by the
70	70	department for the immunization registry is confidential and may be
71	71	disclosed only with the written or electronic consent of the
72	72	individual or the individual's legally authorized representative.
73	73	SECTION 3. Section 161.00705(g), Health and Safety Code, is
74	74	amended to read as follows:
75	75	(g) The immunization information of a child or other
76	76	individual received by the department under this section, including
77	77	individually identifiable information, may be released only:
78	78	(1) on consent of the individual or, if a child, the
79	79	child's parent, managing conservator, or guardian; or
80	80	(2) to a [state agency or] health care provider
81	81	consistent with the purposes of this subchapter or the purposes of
82	82	aiding or coordinating communicable disease prevention and control
83	83	efforts during a declared disaster, public health emergency,
84	84	terrorist attack, hostile military or paramilitary action, or
85	85	extraordinary law enforcement emergency.
86	86	SECTION 4. Sections 161.00706(c) and (d), Health and Safety
87	87	Code, are amended to read as follows:
88	88	(c) The executive commissioner shall:
89	89	(1) develop rules to ensure that immunization history
90	90	submitted under Subsection (a)(2) is medically verified
91	91	immunization information;
92	92	(2) develop guidelines for use by the department in
93	93	informing first responders about the registry [and that registry
94	94	information may be released under Section 161.00735]; and
95	95	(3) adopt rules necessary for the implementation of
96	96	this section.
97	97	(d) A [Except as provided by Section 161.00735, a] person's
98	98	immunization history or data received by the department under this
99	99	section may be released only on consent of the person or to any
100	100	health care provider licensed or otherwise authorized to administer
101	101	vaccines.
102	102	SECTION 5. Section 161.0071(a), Health and Safety Code, is
103	103	amended to read as follows:
104	104	(a) The first time the department receives registry data for
105	105	an individual for whom the department has received consent to be
106	106	included in the registry, the department shall send notice to the
107	107	individual or the individual's legally authorized representative
108	108	disclosing:
109	109	(1) that providers and payors may be sending the
110	110	individual's immunization information to the department;
111	111	(2) the information that is included in the registry;
112	112	(3) the persons to whom the information may be
113	113	released under Section [Sections 161.00735(b) and] 161.008(d);
114	114	(4) the purpose and use of the registry;
115	115	(5) the procedure to exclude an individual from the
116	116	registry; and
117	117	(6) the procedure to report a violation if an
118	118	individual's information is included in the registry after
119	119	exclusion has been requested or consent has been withdrawn.
120	120	SECTION 6. Section 161.0073(a), Health and Safety Code, is
121	121	amended to read as follows:
122	122	(a) Except as provided by Section [Sections] 161.00705 [and
123	123	161.00735], information that individually identifies an individual
124	124	that is received by the department for the immunization registry is
125	125	confidential and may be used by the department for registry
126	126	purposes only.
127	127	SECTION 7. The heading to Section 161.00735, Health and
128	128	Safety Code, is amended to read as follows:
129	129	Sec. 161.00735. [RELEASE AND] RECEIPT OF REGISTRY DATA IN
130	130	DISASTER.
131	131	SECTION 8. Section 161.00735(h), Health and Safety Code, is
132	132	amended to read as follows:
133	133	(h) The executive commissioner shall make every effort to
134	134	enter into a memorandum of agreement with each state from [to] which
135	135	residents of that [this] state are likely to evacuate to this state
136	136	in a disaster on[:
137	137	[(1) the release and use of registry information under
138	138	this section to the appropriate health authority or local health
139	139	authority of that state, including the length of time the
140	140	information may be retained by that state; and
141	141	[(2)] the receipt and use of information submitted by
142	142	the health authority or local health authority of that state for
143	143	inclusion in the registry under this section.
144	144	SECTION 9. Section 161.0075, Health and Safety Code, is
145	145	amended to read as follows:
146	146	Sec. 161.0075. IMMUNITY FROM LIABILITY. Except as provided
147	147	by Sections [Section] 161.009 and 161.0093, the following persons
148	148	subject to this subchapter that act in compliance with Sections
149	149	161.007, 161.00705, 161.00706, 161.0071, 161.0073, 161.0074, and
150	150	161.008 are not civilly or criminally liable for furnishing the
151	151	information required under this subchapter:
152	152	(1) a payor;
153	153	(2) a health care provider who administers
154	154	immunizations; and
155	155	(3) an employee of the department.
156	156	SECTION 10. Section 161.008(d), Health and Safety Code, is
157	157	amended to read as follows:
158	158	(d) The department may release the data constituting an
159	159	immunization record for the individual to:
160	160	(1) a health care provider treating the individual or
161	161	an organization of which the individual is a member [any entity that
162	162	is described by Subsection (c)]; or
163	163	(2) [a school or child care facility in which the
164	164	individual is enrolled;
165	165	[(3) a state agency having legal custody of the
166	166	individual; or
167	167	[(4)] an employer of a first responder or a first
168	168	responder in accordance with Section 161.00708.
169	169	SECTION 11. Section 161.00735(b), Health and Safety Code,
170	170	is repealed.
171	171	SECTION 12. The changes in law made by this Act apply only
172	172	to the release or disclosure of information on or after the
173	173	effective date of this Act. The release or disclosure of
174	174	information before the effective date of this Act is governed by the
175	175	law in effect when the release or disclosure was made, and the
176	176	former law is continued in effect for that purpose.
177	177	SECTION 13. This Act takes effect September 1, 2025.