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H.B. No. 3054 - Introduced VersionTo access this document directly from Texas Legislature Online, do the following: By BerlangaH.B. No. 3054 A BILL TO BE ENTITLED AN ACT relating to the creation of an immunization registry and to reporting requirements concerning immunizations and providing criminal penalties. 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 Section 161.007 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 effective and cost-efficient childhood disease prevention and control efforts, shall establish and maintain a childhood immunization registry. (b) Any person who administers a vaccine or vaccines licensed for use in children by the United States Food and Drug Administration to a child under the age of 18 shall for each such immunization provide to the department such data as are deemed by the department to be necessary and appropriate for purposes of the immunization registry established pursuant to subsection (a) of this section, including, without limitation: (1) the name of the child; (2) the child's date and place of birth; (3) mother's maiden name; (4) the names and addresses of the child's custodial parents, managing conservators, or guardians; (5) the date of the immunization and the specific type or types of vaccine or vaccines administered to the child on that date and (6) the name and address of the health care provider who administered the immunization. (c) The department may utilize the registry to provide notices, whether by mail, telephone, personal contact, or other means, to parents, managing conservators, or guardians regarding their children or wards who are due or overdue for a particular type of immunization according to the department's immunization schedules. The department shall consult with health care providers to determine the most effective and efficient manner of using the registry to provide such notices. (d) Immunization records for any child included within the immunization registry shall be maintained as part of the registry until the child reaches the age of 18. (e) Individually identifiable immunization information regarding a child may be provided to the department by, or released by the department to, a public health district, a local health department, hospital, physician, or other health care provider to the child or to a school or child care facility without the consent of the child's parent, managing conservator, or guardian. However, a parent may request a specific exemption to prohibit or restrict the release of information. A parent or guardian may obtain and upon request to the department shall be provided with individually identifiable immunization registry information regarding his or her child or ward. Except as provided otherwise by this section, individually identifiable immunization registry information shall be treated as confidential and shall not be released to a third party without consent of a child's parent, managing or possessory conservator, or guardian. (f) Nothing in this section shall: (1) prohibit the department from providing or publishing registry information in aggregate form for scientific, educational, or public health purposes, provided that such information is published without releasing or identifying individual names contained in the registry; (2) prohibit the department or any health care provider from notifying a parent, guardian, or child of the child's immunization status or of a immunization that is due or overdue according to the department's immunization schedules; or (3) diminish a parent's, managing conservator's, or guardian's responsibility for having a child immunized properly. (g) Any person, including but not limited to health care providers, submitting or obtaining in good faith immunization reports or data to or from the department in compliance with the provisions of this section and any rules adopted pursuant to this section shall not be liable for any civil damages. (h) The board shall adopt rules to implement this section. (i) (1) A person commits an offense if, with criminal negligence and in violation of this section, the person releases or discloses immunization registry information. (2) A person commits an offense if, with criminal negligence, the person uses the information in the registry to solicit new patients or clients or for other purposes which are not associated with immunization purposes unless specified in this section. (3) An offense under this subsection is a Class A misdemeanor. SECTION 2. (a) Except as provided by subsection (b) of this section, this Act takes effect September 1, 1997. (b) Section 161.007(b), Health and Safety Code, as added by this Act, takes effect January 1, 1999. SECTION 3. 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. |
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