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H.B. No. 3054 - Enrolled VersionTo access this document directly from Texas Legislature Online, do the following: H.B. No. 3054 AN ACT relating to the creation of an immunization registry and to reporting requirements concerning immunizations; providing a criminal penalty. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter A, Chapter 161, Health and Safety Code, is amended by adding Sections 161.007, 161.008, and 161.009 to read as follows: Sec. 161.007. IMMUNIZATION REGISTRY; REPORTS TO DEPARTMENT. (a) The department, for purposes of establishing and maintaining a single repository of accurate, complete, and current immunization records to be used in aiding, coordinating, and promoting efficient and cost-effective childhood communicable disease prevention and control efforts, shall establish and maintain a childhood immunization registry. The department by rule shall develop guidelines to: (1) protect the confidentiality of patients in accordance with Section 5.08, Medical Practice Act (Article 4495b, Vernon's Texas Civil Statutes); (2) inform a parent, managing conservator, or guardian of each patient about the registry; (3) require the written consent of a parent, managing conservator, or guardian of a patient before any information relating to the patient is included in the registry; and (4) permit a parent, managing conservator, or guardian to withdraw consent for the patient to be included in the registry. (b) The childhood immunization registry must contain information on the immunization history that is obtained by the department under this section of each person who is younger than 18 years of age and for whom consent has been obtained in accordance with guidelines adopted under Subsection (a). The department shall remove from the registry information for any person for whom consent has been withdrawn. (c) An insurance company, a health maintenance organization, or another organization that pays or reimburses a claim for an immunization of a person younger than 18 years of age shall provide an immunization history to the department. An insurance company, health maintenance organization, or other organization is not required to provide an immunization history to the department under this subsection for a person for whom consent has not been obtained in accordance with guidelines adopted under Subsection (a) or for whom consent has been withdrawn. (d) A health care provider who administers an immunization to a person younger than 18 years of age shall provide an immunization history to the department unless the immunization history is submitted to an insurance company, a health maintenance organization, or another organization that pays or reimburses a claim for an immunization to a person younger than 18 years of age. The report shall be in a format prescribed by the department, which may include submission in writing, by electronic means, or by voice. A health care provider is not required to provide an immunization history to the department under this subsection for a person for whom consent has not been obtained in accordance with guidelines adopted under Subsection (a) or for whom consent has been withdrawn. (e) The department may use the registry to provide notices by mail, telephone, personal contact, or other means to a parent, managing conservator, or guardian regarding his or her child or ward who is due or overdue for a particular type of immunization according to the department's immunization schedule. The department shall consult with health care providers to determine the most efficient and cost-effective manner of using the registry to provide those notices. (f) Nothing in this section diminishes a parent's, managing conservator's, or guardian's responsibility for having a child immunized properly, subject to Section 161.004(d). (g) A person, including a health care provider, who submits or obtains in good faith an immunization history or data to or from the department in compliance with the provisions of this section and any rules adopted under this section is not liable for any civil damages. (h) Information obtained by the department for the immunization registry is confidential and may be disclosed only with the written consent of the child's parent, managing conservator, or guardian. (i) The board shall adopt rules to implement this section. Sec. 161.008. IMMUNIZATION RECORD. (a) An immunization record is part of the immunization registry. (b) An immunization record contains the: (1) name and date of birth of the person immunized; (2) dates of immunization; (3) types of immunization administered; and (4) name and address of the health care provider administering the immunization. (c) The department, only with the consent of a child's parent, managing conservator, or guardian, may: (1) obtain the data constituting an immunization record for the child from a public health district, a local health department, or a physician to the child; or (2) release the data constituting an immunization record for the child to a public health district, a local health department, a physician to the child, or a school or child care facility in which the child is enrolled. (d) A parent, managing conservator, or legal guardian may obtain and on request to the department shall be provided with all individually identifiable immunization registry information concerning his or her child or ward. Sec. 161.009. Penalties for Disclosure of Information. (a) A person commits an offense if the person: (1) negligently releases or discloses immunization registry information in violation of Section 161.007 or 161.008; or (2) negligently uses the information in the immunization registry to solicit new patients or clients or for other purposes that are not associated with immunization purposes, unless authorized under this section. (b) An offense under this section is a Class A misdemeanor. SECTION 2. The Texas Department of Health shall evaluate the immunization registry established under Section 161.007, Health and Safety Code, as added by this Act, two years after its implementation date to determine if the immunization registry is meeting its stated goals and objectives. The Texas Department of Health shall report to the legislature on February 1 of each odd-numbered year concerning the maintenance and operation of the registry. SECTION 3. (a) Except as provided by Subsection (b) of this section, this Act takes effect September 1, 1997. (b) Sections 161.007(c) and 161.007(d), Health and Safety Code, as added by this Act, take effect January 1, 1999. SECTION 4. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 3054 was passed by the House on May 14, 1997, by a non-record vote; and that the House concurred in Senate amendments to H.B. No. 3054 on May 24, 1997, by a non-record vote.
_______________________________ Chief Clerk of the House I certify that H.B. No. 3054 was passed by the Senate, with amendments, on May 22, 1997, by a viva-voce vote.
_______________________________ Secretary of the Senate
APPROVED: _____________________ Date
_____________________ Governor |
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