76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
Senate Bill 107
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber
for Oregon Health Authority)
CHAPTER ................
AN ACT
Relating to public health tracking systems; amending ORS 433.090,
433.094, 433.096, 433.098 and 433.100; and declaring an
emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 433.090 is amended to read:
433.090. As used in ORS 433.090 to 433.102:
(1) 'Authorized user' means a person or entity authorized to
provide information to or to receive information from an
immunization registry or { - immunization - } tracking and
recall system under ORS 433.090 to 433.102. 'Authorized user'
includes, but is not limited to { - , - } { + :
(a) The Oregon Health Authority and its agents;
(b) Local health departments and their agents;
(c) + } Licensed health care providers { - , - } { + and
their agents;
(d) + }Health care institutions { - , - } { + ;
(e) + } Insurance carriers { - , - } { + ;
(f) + } { - The Oregon medical assistance program, - } { +
State health plans as defined in ORS 192.519;
(g) + } Parents { - or - } { + , + } guardians { + or legal
custodians + } of children under 18 years of age { - , - }
{ + ;
(h) + } Clients 18 years of age or older { - , - } { + ;
(i) + } Post-secondary education institutions { - , - } { + ;
(j) + } Schools { - , - } { + ; and
(k) + } Children's facilities { - , local health departments,
the Oregon Health Authority and agents of the authority - } .
(2) 'Children's facility' has the meaning given that term in
ORS 433.235.
(3) 'Client' means { - any - } { + a + } person registered
with any Oregon { - immunization - } tracking and recall
system.
(4) 'Immunization record' includes but is not limited to { +
records of + }the following:
(a) Any immunization received;
(b) Date immunization was received;
(c) Complication or side effect associated with immunization;
(d) Date and place of birth of a client;
Enrolled Senate Bill 107 (SB 107-A) Page 1
(e) Hospital where a client was born;
(f) Client's name; and
(g) Mother's name.
(5) 'Immunization registry' means { - any - } { + a + }
listing of clients and information relating to their immunization
status, without regard to whether the registry is maintained in
this state or elsewhere.
{ - (6) 'Immunization tracking and recall record' includes
but is not limited to the client's name, address of the parent or
guardian of the client, telephone number, insurance carrier,
health care provider and other information needed to send
reminder cards to, place telephone calls to or personally contact
the client or the parent or the guardian of a client for the
purposes of informing the client, parent or guardian that the
client is late in receiving the recommended immunizations. - }
{ - (7) - } { + (6) + } 'Local health department' has the
meaning given that term in ORS 433.235.
{ - (8) - } { + (7) + } 'Parent or guardian' has the
meaning given the term 'parent' in ORS 433.235.
{ - (9) - } { + (8) + } 'Post-secondary education
institution' means:
(a) A state institution of higher education under the
jurisdiction of the State Board of Higher Education;
(b) A community college operated under ORS chapter 341;
(c) A school or division of Oregon Health and Science
University; or
(d) An Oregon-based, generally accredited, private institution
of higher education.
{ - (10) - } { + (9) + } 'Provider' means a physician or a
health care professional who is acting within the scope of
{ - his or her - } { + the physician's or professional's + }
licensure and { + is + } responsible for providing immunization
services or for coordinating immunization services within a
clinic, public health site, school or other immunization site.
{ - (11) - } { + (10) + } 'School' has the meaning given
that term in ORS 433.235.
{ + (11) 'Tracking and recall record' means information
needed to send reminder cards to, place telephone calls to or
personally contact the client or the parent or guardian of a
client for the purposes of informing the client, parent or
guardian that the client is late in receiving recommended
immunizations, hearing or lead screenings, or other public health
interventions, including but not limited to the client's:
(a) Name;
(b) Address;
(c) Telephone number;
(d) Insurance carrier; and
(e) Health care provider. + }
(12) 'Tracking and recall system' means a system attached to an
immunization registry designed to contact clients listed in the
immunization registry for the purposes of assisting in the { +
timely + } completion of { - the - } immunization series { + ,
hearing or lead screenings, or other public health interventions
designated by rule of the authority + } { - in a timely
manner - } .
SECTION 2. ORS 433.094 is amended to read:
433.094. { + (1) + } The Oregon Health Authority, a local
health department, or both, or their agents or other providers
may develop an immunization registry and an associated tracking
Enrolled Senate Bill 107 (SB 107-A) Page 2
and recall system { - to include, but not be limited to,
children and young adults. This system - } { + .
(2) The immunization registry and tracking and recall
system + } shall include, but not be limited to, the following:
{ - (1) - } { + (a) + } Registering all clients born in,
living in or receiving services in this state;
{ - (2) - } { + (b) + } Tracking and updating immunization
histories of the registered clients;
{ - (3) - } { + (c) + } Allowing a provider { + , the
authority or a local health department + } to provide information
to and obtain information from the immunization { - and
immunization tracking and recall - } records contained in
{ - an - } { + the + } immunization registry { + , and the
tracking and recall records contained in the tracking and recall
system, + } without the consent of the client or the parent or
guardian of the client;
{ - (4) - } { + (d) + } Allowing an immunization record of
a client { + who is under the care of an authorized user or
enrolled in an authorized user's program + } to be released to
{ + the + }authorized { - users - } { + user + };
{ - (5) - } { + (e) + } Notifying in writing the parent or
guardian of a client, at least through five years of age, when
the tracking and recall system indicates that a client has missed
a scheduled immunization { - and, if the client has not been
immunized after two notifications, arranging to have the parent
or guardian contacted personally - } ;
{ - (6) - } { + (f) + } Integrating with any immunization
registry and its associated tracking and recall systems; and
{ - (7) - } { + (g) + } Working with health care providers
to develop
{ - easy - } information transfer systems.
{ + (3) The immunization registry and tracking and recall
system may allow information to be released to an authorized user
from an immunization record or a tracking and recall record for
purposes including, but not limited to:
(a) Outreach to clients under the care of the authorized user
or enrolled in the authorized user's program who have missed
immunizations, hearing or lead screenings, or other public health
interventions designated by rule of the authority; or
(b) Public health assessment and evaluation related to
immunizations and vaccine-preventable diseases conducted by the
authority or by a local health department for clients within the
local health department's jurisdiction. + }
SECTION 3. ORS 433.098 is amended to read:
433.098. (1) An authorized user and the employees or agents of
an authorized user are not liable for sharing { + or using + }
information from the immunization { - record or using
information from the immunization tracking and recall record for
purposes of tracking immunizations of clients and for outreach to
clients who have missed immunizations - } { + registry
regarding a client's immunization record or tracking and recall
record as provided in ORS 433.094 + }.
(2) Information in an immunization registry { - or in the
immunization - } { + regarding a client's immunization record
or + } tracking and recall record { + , + } or derived from the
registry or record { + , + } is confidential and may not be
disclosed to any person who is not specifically authorized to
receive information under ORS 433.090 to 433.102.
(3) When a client who is 18 years of age or older requests in
writing that the client's immunization record be removed from an
Enrolled Senate Bill 107 (SB 107-A) Page 3
immunization registry, the agency that maintains the registry
shall purge the client's immunization record from the registry as
soon as is reasonably possible.
(4) Before sharing data with any immunization registry, an
immunization registry maintained in Oregon { - must - }
{ + shall + } ensure that the immunization registry receiving
the data has confidentiality and security policies at least as
stringent as the policies of the registry sharing the data.
SECTION 4. ORS 433.096 is amended to read:
433.096. Nothing in ORS 179.505, 192.410 to 192.505, 192.518 to
192.529 or 677.190 (5) or the client and provider privilege
prevents:
(1) Authorized users from providing information to and
receiving information from the immunization { - record of a
client from the immunization registry - } { + registry
regarding a client's immunization record or tracking and recall
record + }; or
(2) The immunization registry from:
(a) Providing immunization information to or receiving
immunization information from { + an authorized user
regarding + } a client's immunization record { + or tracking and
recall record + } { - from authorized users - } ;
(b) Notifying or personally contacting a client or the
custodial parent or guardian of a client about the client's
immunization status; or
(c) Providing or publishing information in aggregate form that
does not identify a client.
SECTION 5. ORS 433.100 is amended to read:
433.100. (1) The Oregon Health Authority shall adopt rules
pertaining to the development and implementation of the
immunization registries and { - their - } associated tracking
and recall systems. The rules { - shall - } { + must + }
include a process that allows a client who is 18 years of age or
older, a custodial parent or guardian to control the transfer of
information from the { + client's + } immunization record or
{ - the immunization - } tracking and recall record when such
control is necessary to protect the health or safety of the
family or the client.
(2) Nothing in this section requires the consent of a parent or
guardian prior to enrolling the child in the registry or
restricts the registry from providing { + information from a + }
tracking and recall { - information - } { + record + } to a
custodial parent or guardian.
(3)(a) Pursuant to rules adopted by the authority, the
authority may charge fees to authorized users, except hospitals,
schools and individual health care providers, for services
requested from an immunization registry, including associated
tracking and recall systems maintained by the authority.
Authorized users may make voluntary contributions to the
authority to help support the operation of an immunization
registry established under ORS 433.094.
(b) Fees authorized under paragraph (a) of this subsection
{ - shall - } { + may + } be assessed only against managed
care organizations, health maintenance organizations, physician
organizations and insurance carriers that are using the
information from the registries for quality improvement
activities for their privately insured patients.
(c) All moneys received by the authority under this section
shall be paid into the State Treasury and placed in the General
Fund to the credit of the Public Health Account. Such moneys are
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continuously appropriated to the authority and shall be used only
for the administration and enforcement of ORS 433.090 to 433.102.
SECTION 6. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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Passed by Senate April 18, 2011
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House May 11, 2011
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 107 (SB 107-A) Page 5
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 107 (SB 107-A) Page 6