H.B. No. 2171
 
 
 
 
AN ACT
  relating to information maintained in the immunization registry
  with the consent of an individual after the individual becomes an
  adult.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 161.007, Health and Safety Code, is
  amended by amending Subsections (a-1), (a-2), (b), and (e) and
  adding Subsections (a-4), (a-5), and (a-6), and amending Subsection
  (a-3), as amended by S.B. 219, Acts of the 84th Legislature, Regular
  Session, 2015, to read as follows:
         (a-1)  The written or electronic consent required by
  Subsection (a)(3) for an individual younger than 18 years of age is
  required to be obtained only one time. The written or electronic
  consent of the individual's parent, managing conservator, or
  guardian must be submitted to the department before the
  individual's 18th birthday. After consent is submitted, the
  individual's immunization information may be included in the
  registry [The consent is valid] until the individual becomes 26
  [18] years of age unless the consent is withdrawn in writing or
  electronically, or renewed after the individual's 18th birthday as
  provided by Subsection (a-2). A parent, managing conservator, or
  guardian of a minor may provide the consent by using an electronic
  signature on the minor's birth certificate.
         (a-2)  The written or electronic consent required by
  Subsection (a)(3) for an individual who is 18 years of age or older
  is required to be obtained only one time and must be received from
  the individual before the information may be released. An
  individual's legally authorized representative or the individual,
  after the individual has attained 18 years of age, may consent in
  writing or electronically for the individual's information to
  remain in the registry [after the individual's 18th birthday and
  for the individual's subsequent immunizations to be included in the
  registry]. [The written or electronic consent of the minor's
  legally authorized representative as described by Section
  161.0001(1-c)(A) must be submitted to the department before the
  individual's 18th birthday. The written or electronic consent of
  the individual or the individual's legally authorized
  representative as described by Section 161.0001(1-c)(B) or (C) must
  be submitted to the department not later than the individual's 19th
  birthday.] The consent of the representative or individual is valid
  until the individual or the individual's legally authorized
  representative withdraws consent in writing or electronically. The
  department may not include in the registry the immunization
  information of an individual who is 26 [18] years of age or older
  until written or electronic consent has been obtained as provided
  by this subsection. The department shall coordinate with the Texas
  Education Agency to distribute materials described in Section
  161.0095(a)(2) to students and parents through local school
  districts.
         (a-3)  The executive commissioner by rule shall develop
  guidelines and procedures for obtaining consent from an individual
  after the individual's 18th birthday, including procedures for
  retaining immunization information in a separate database that is
  inaccessible by any person other than the department during the
  eight-year [one-year] period during which an individual who is 18
  years of age or older [an 18-year-old] may consent to inclusion in
  the registry under Subsection (a-2).
         (a-4)  After an individual's 18th birthday, the department
  shall make a reasonable effort to provide notice to an individual
  whose immunization information is included in the registry with
  consent that was provided by a parent, managing conservator, or
  guardian under Subsection (a-1).  The reasonable effort shall
  include at least two attempts by the department to provide the
  notice required by this subsection by telephone or e-mail, by
  regular mail to the individual's last known address, or by general
  outreach efforts through the individual's health care provider,
  school district, or institution of higher education.  The notice
  must inform the individual that the individual's immunization
  records will be included in the registry until the date of the
  individual's 26th birthday unless the individual or the
  individual's legally authorized representative:
               (1)  withdraws consent in writing or electronically
  before that date; or
               (2)  provides consent for the records to continue to be
  included in the registry as provided by Subsection (a-2).
         (a-5)  After an individual's 25th birthday, the department
  shall make a reasonable effort to provide notice to an individual
  whose immunization information is included in the registry with
  consent that was provided under Subsection (a-1) and has not been
  renewed under Subsection (a-2).  The reasonable effort shall
  include at least two attempts by the department to provide the
  notice required by this subsection by telephone or e-mail, by
  regular mail to the individual's last known address, or by general
  outreach efforts through the individual's health care provider or
  institution of higher education.  The notice must inform the
  individual that the individual's immunization records will be
  included in the immunization registry until the individual's 26th
  birthday unless the individual or the individual's legally
  authorized representative renews consent as provided by Subsection
  (a-2).
         (a-6)  The department shall make a reasonable effort to
  obtain current contact information for written or electronic
  notices sent by the department under Subsection (a-5) that are
  returned due to incorrect address information.
         (b)  Except as provided by Section 161.0071, the
  immunization registry must contain information on the immunization
  history that is obtained by the department under:
               (1)  this section of each individual for whom consent
  has been obtained in accordance with guidelines adopted under
  Subsection (a) [or (a-3), as applicable];
               (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;
               (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.
         (e)  The department shall provide notice to a health care
  provider that submits an immunization history for an individual for
  whom consent cannot be verified.  The notice shall contain
  instructions for obtaining consent in accordance with guidelines
  adopted under Subsection [Subsections] (a) [and (a-3)] and
  resubmitting the immunization history to the department.
         SECTION 2.  The changes in law made by this Act to Section
  161.007, Health and Safety Code, apply only to immunization
  information in the immunization registry of a person who turns 18
  years of age on or after the effective date of this Act. The
  immunization information in the immunization registry of a person
  who turns 18 years of age before the effective date of this Act is
  governed by the law in effect immediately before that date, and that
  law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2171 was passed by the House on May 4,
  2015, by the following vote:  Yeas 114, Nays 25, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2171 was passed by the Senate on May
  24, 2015, by the following vote:  Yeas 23, Nays 7.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor