S.B. No. 347
 
 
 
 
AN ACT
  relating to the receipt and release of immunization information by
  the immunization registry in connection with a disaster; providing
  penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsections (a), (b), (b-1), and (j), Section
  161.007, Health and Safety Code, are amended to read as follows:
         (a)  The department, for the primary purpose 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 an immunization registry.  The department by rule shall
  develop guidelines to:
               (1)  protect the confidentiality of patients in
  accordance with Section 159.002, Occupations Code;
               (2)  inform a parent, managing conservator, or guardian
  of each patient younger than 18 years of age about the registry and
  that registry information may be released under Section 161.00735;
               (3)  require the written consent of a parent, managing
  conservator, or guardian of a patient younger than 18 years of age
  before any information relating to the patient is included in the
  registry;
               (4)  permit a parent, managing conservator, or guardian
  of a patient younger than 18 years of age to withdraw consent for
  the patient to be included in the registry; and
               (5)  determine the process by which consent is
  verified, including affirmation by a health care provider, birth
  registrar, regional health information exchange, or local
  immunization registry that consent has been obtained.
         (b)  The immunization registry must contain information on
  the immunization history that is obtained by the department under:
               (1)  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);
               (2)  Section 161.00705 of persons immunized to prepare
  for or in response to a declared disaster, public health emergency,
  terrorist attack, hostile military or paramilitary action, or
  extraordinary law enforcement emergency; [and]
               (3)  Section 161.00706 of first responders or their
  immediate family members; and
               (4)  Section 161.00735 of persons evacuated or
  relocated to this state because of a disaster.
         (b-1)  The department shall remove from the registry
  information for any person for whom consent has been withdrawn.  The
  department may not retain individually identifiable information
  about any person:
               (1)  for whom consent has been withdrawn;
               (2)  for whom a consent for continued inclusion in the
  registry following the end of the declared disaster, public health
  emergency, terrorist attack, hostile military or paramilitary
  action, or extraordinary law enforcement emergency has not been
  received under Section 161.00705(f); [or]
               (3)  for whom a request to be removed from the registry
  has been received under Section 161.00706(e);
               (4)  for whom consent for continued inclusion in the
  registry following the end of a disaster has not been received under
  Section 161.00735(f); or
               (5)  for whom a request to remove information from the
  registry has been received under Section 161.00735(g).
         (j)  Except as provided by Sections 161.00705, 161.00706,
  161.00735(b), and 161.008, information obtained by the department
  for the immunization registry is confidential and may be disclosed
  only with the written consent of the individual or, if a child, the
  child's parent, managing conservator, or guardian.
         SECTION 2.  Subsections (c) and (d), Section 161.00706,
  Health and Safety Code, are amended to read as follows:
         (c)  The executive commissioner of the Health and Human
  Services Commission shall:
               (1)  develop rules to ensure that immunization history
  submitted under Subsection (a)(2) is medically verified
  immunization information;
               (2)  develop guidelines for use by the department in
  informing first responders about the registry and that registry
  information may be released under Section 161.00735; and
               (3)  adopt rules necessary for the implementation of
  this section.
         (d)  Except as provided by Section 161.00735, a [A] person's
  immunization history or data received by the department under this
  section may be released only on consent of the person or to any
  health care provider licensed or otherwise authorized to administer
  vaccines.
         SECTION 3.  Subsection (a), Section 161.0071, Health and
  Safety Code, is amended to read as follows:
         (a)  The first time the department receives registry data for
  a child for whom the department has received consent to be included
  in the registry, from a person other than the child's parent,
  managing conservator, or guardian, the department shall send a
  written notice to the child's parent, managing conservator, or
  guardian disclosing:
               (1)  that providers and payors may be sending the
  child's immunization information to the department;
               (2)  the information that is included in the registry;
               (3)  the persons to whom the information may be
  released under Sections 161.00735(b) and [Section] 161.008(d);
               (4)  the purpose and use of the registry;
               (5)  the procedure to exclude a child from the
  registry; and
               (6)  the procedure to report a violation if a parent,
  managing conservator, or guardian discovers a child is included in
  the registry after exclusion has been requested.
         SECTION 4.  Subsection (a), Section 161.0073, Health and
  Safety Code, is amended to read as follows:
         (a)  Except as provided by Sections [Section] 161.00705 and
  161.00735, information that individually identifies a child or
  other individual that is received by the department for the
  immunization registry is confidential and may be used by the
  department for registry purposes only.
         SECTION 5.  Subchapter A, Chapter 161, Health and Safety
  Code, is amended by adding Section 161.00735 to read as follows:
         Sec. 161.00735.  RELEASE AND RECEIPT OF REGISTRY DATA IN
  DISASTER. (a)  In this section, "disaster" means a disaster
  declared by the president of the United States, the governor of this
  state, or the governor of another state.
         (b)  If the department determines that residents of this
  state have evacuated or relocated to another state in response to a
  disaster, the department may release registry data, except registry
  data obtained under Section 161.00705, to the appropriate health
  authority of that state or to local health authorities in that
  state.
         (c)  The department may receive immunization information
  from a health authority of another state or from a local health
  authority in another state if the department determines that
  residents of that state have evacuated or relocated to this state in
  response to a disaster. The department shall include information
  received under this subsection in the registry.  Notwithstanding
  Section 161.007, the department is not required to obtain written
  consent for the inclusion in the registry of information received
  under this subsection.
         (d)  Immunization information received under Subsection (c)
  is subject to Section 161.0073, and may not be released except as
  authorized by this chapter.
         (e)  The executive commissioner of the Health and Human
  Services Commission, by rule, shall determine the period during
  which the information collected under Subsection (c) must remain in
  the immunization registry following the end of the disaster.
         (f)  Unless an individual or, if a child, the child's parent,
  managing conservator, or guardian consents in writing to continued
  inclusion of the individual's or child's information in the
  registry, the department shall remove the immunization records
  collected under Subsection (c) from the registry on the expiration
  of the period prescribed by Subsection (e).
         (g)  If an individual or, if a child, the child's parent,
  managing conservator, or guardian requests in writing that the
  individual's or child's information obtained under Subsection (c)
  be removed from the registry, the department shall remove that
  information from the registry.
         (h)  The executive commissioner of the Health and Human
  Services Commission shall make every effort to enter into a
  memorandum of agreement with each state to which residents of this
  state are likely to evacuate in a disaster on:
               (1)  the release and use of registry information under
  this section to the appropriate health authority or local health
  authority of that state, including the length of time the
  information may be retained by that state; and
               (2)  the receipt and use of information submitted by
  the health authority or local health authority of that state for
  inclusion in the registry under this section.
         SECTION 6.  Subsection (a), Section 161.009, Health and
  Safety Code, is amended to read as follows:
         (a)  A person commits an offense if the person:
               (1)  negligently releases or discloses immunization
  registry information in violation of Section 161.007, 161.0071,
  161.0073, or 161.008;
               (2)  fails to exclude a child's immunization
  information in violation of Section 161.0071;
               (3)  fails to remove a person's immunization
  information in violation of Section 161.00705, [or] 161.00706, or
  161.00735; or
               (4)  negligently uses information in the immunization
  registry to solicit new patients or clients or for other purposes
  that are not associated with immunization or quality-of-care
  purposes, unless authorized under this section.
         SECTION 7.  This Act takes effect September 1, 2009.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 347 passed the Senate on
  March 19, 2009, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendment on May 5, 2009, by the
  following vote: Yeas 29, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 347 passed the House, with
  amendment, on April 28, 2009, by the following vote: Yeas 144,
  Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor