S.B. No. 204
 
 
 
 
AN ACT
  relating to certain electronic medical records systems.
         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 161.0107 and 161.0108 to read as
  follows:
         Sec. 161.0107.  ELECTRONIC MEDICAL RECORDS SYSTEMS. (a)  In
  this section:
               (1)  "Electronic medical records software package or
  system" means an electronic system for maintaining medical records
  in the clinical setting.
               (2)  "Medical records" has the meaning assigned by
  Section 151.002, Occupations Code.
         (b)  A person who sells, leases, or otherwise provides an
  electronic medical records software package or system to a person
  who administers immunizations in this state or to an entity that
  manages records for the person shall provide, as part of the
  electronic medical records software package or system, the ability
  to:
               (1)  electronically interface with the immunization
  registry created under this subchapter; and
               (2)  generate electronic reports that contain the
  fields necessary to populate the immunization registry.
         (c)  The executive commissioner of the Health and Human
  Services Commission by rule shall specify:
               (1)  the fields necessary to populate the immunization
  registry, including a field that indicates the patient's consent to
  be listed in the immunization registry has been obtained; and
               (2)  the data standards that must be used for
  electronic submission of immunization information.
         (d)  The data standards specified under Subsection (b) must
  be compatible with the standards for immunization information
  transmission adopted by the Healthcare Information Technology
  Standards Panel sponsored by the American National Standards
  Institute and included in certification criteria by the
  Certification Commission for Healthcare Information Technology.
         Sec. 161.0108.  INJUNCTION. (a)  The attorney general may
  bring an action in the name of the state to enjoin a violation of
  Section 161.0107.
         (b)  If the state prevails in a suit under this section, the
  attorney general may recover on behalf of the state reasonable
  attorney's fees, court costs, and reasonable investigative costs
  incurred in relation to the proceeding.
         SECTION 2.  The change in law made by this Act applies only
  to a cause of action that accrues on or after the effective date of
  rules adopted by the executive commissioner of the Health and Human
  Services Commission under Section 161.0107, Health and Safety Code,
  as added by this Act.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2007.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 204 passed the Senate on
  March 14, 2007, by the following vote: Yeas 30, Nays 0; and that
  the Senate concurred in House amendments on May 21, 2007, by the
  following vote: Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 204 passed the House, with
  amendments, on May 16, 2007, by the following vote: Yeas 148,
  Nays 0, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor