Bill Text: TX HB4262 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to requirements for and prohibited uses of information contained in the immunization registry.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-21 - Referred to Public Health [HB4262 Detail]
Download: Texas-2023-HB4262-Introduced.html
88R2308 SRA-D | ||
By: Klick | H.B. No. 4262 |
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relating to requirements for and prohibited uses of information | ||
contained in the immunization registry. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 161.007(a) and (a-1), 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 communicable disease | ||
prevention and control efforts, shall establish and maintain an | ||
immunization registry. The executive commissioner by rule shall | ||
develop guidelines to: | ||
(1) protect the confidentiality of patients in | ||
accordance with Section 159.002, Occupations Code; | ||
(2) inform the individual or the individual's legally | ||
authorized representative about the registry and that registry | ||
information may be released under Section 161.00735; | ||
(3) require the written or electronic consent of the | ||
individual or the individual's legally authorized representative | ||
before any information relating to the individual is included in | ||
the registry; | ||
(4) permit the individual or the individual's legally | ||
authorized representative to withdraw consent for the individual to | ||
be included in the registry; [ |
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(5) determine the process by which consent for the | ||
individual's information to be included in the registry is | ||
verified, including affirmation by a health care provider, birth | ||
registrar, regional health information exchange, or local | ||
immunization registry that consent has been obtained; and | ||
(6) determine the process by which the immunization | ||
information of a first responder or immediate family member of a | ||
first responder may be accessed under Section 161.00708. | ||
(a-1) The written or electronic consent required by | ||
Subsection (a)(3) for an individual [ |
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is required to be obtained only one time. The written or electronic | ||
consent of the individual, or, for a minor child, the individual's | ||
parent, managing conservator, or guardian must be submitted to the | ||
department [ |
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is submitted, the individual's immunization information may be | ||
included in the registry [ |
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minor may provide the consent by using an electronic signature on | ||
the minor's birth certificate. | ||
SECTION 2. Section 161.00705, Health and Safety Code, is | ||
amended by amending Subsections (d) and (e) and adding Subsections | ||
(f-1), (f-2), (f-3), and (f-4) to read as follows: | ||
(d) Sections 161.007, 161.0071, 161.0072, [ |
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and 161.008 apply to the data elements submitted to the department | ||
under this section, unless a provision in those sections conflicts | ||
with a requirement in this section. | ||
(e) The [ |
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must remain in the immunization registry until the seventh | ||
anniversary of the last day [ |
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public health emergency, terrorist attack, hostile military or | ||
paramilitary action, or extraordinary law enforcement emergency. | ||
(f-1) The executive commissioner by rule shall develop | ||
guidelines and procedures for obtaining the consent required by | ||
Subsection (f) from an individual or the individual's legally | ||
authorized representative for continued inclusion in the registry | ||
of information collected under this section beyond the period | ||
prescribed by Subsection (e). | ||
(f-2) The department shall make a reasonable effort to | ||
provide notice to an individual or an individual's legally | ||
authorized representative of the inclusion of the individual's | ||
immunization history in the registry under this section if the | ||
consent required under Subsection (f) has not been obtained before | ||
expiration of the period prescribed by Subsection (e). 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, or by regular mail to the last known address of | ||
the individual or the individual's legally authorized | ||
representative. The notice must inform the individual or the | ||
individual's legally authorized representative that the | ||
individual's immunization records collected under this section | ||
will be removed from the immunization registry on the expiration of | ||
the period prescribed under Subsection (e) unless the individual or | ||
the individual's legally authorized representative consents to | ||
continued inclusion as provided by Subsection (f). | ||
(f-3) The department shall make a reasonable effort to | ||
obtain current contact information for written or electronic | ||
notices sent by the department under Subsection (f-2) that are | ||
returned due to incorrect address information. | ||
(f-4) Consent for inclusion in the immunization registry | ||
obtained under Section 161.007(a-1) must meet the consent | ||
requirements of Subsection (f). | ||
SECTION 3. Section 161.00708, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 161.00708. ACCESS TO FIRST RESPONDER AND IMMEDIATE | ||
FAMILY MEMBER IMMUNIZATION HISTORY. (a) The department shall | ||
establish a process to provide an employer of a first responder with | ||
direct access to the first responder's immunization information in | ||
the immunization registry for verification of the first responder's | ||
immunization history. The process must require: | ||
(1) a first responder to provide electronic or written | ||
consent before the employer is granted direct access to the first | ||
responder's immunization information in the immunization registry; | ||
and | ||
(2) affirmation by the employer that the first | ||
responder is a current employee of the employer. | ||
(b) A first responder may withdraw consent provided under | ||
Subsection (a)(1) at any time. | ||
(c) [ |
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a first responder or an immediate family member of a first responder | ||
with access to the individual's personal [ |
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immunization information in the immunization registry. | ||
SECTION 4. Subchapter A, Chapter 161, Health and Safety | ||
Code, is amended by adding Section 161.00709 to read as follows: | ||
Sec. 161.00709. EXCLUSION REQUEST THROUGH SECURE INTERNET | ||
PORTAL. The department shall develop and maintain a secure | ||
Internet portal accessible through the department's Internet | ||
website through which an individual or the individual's legally | ||
authorized representative may request exclusion of the | ||
individual's immunization records from the registry in accordance | ||
with Section 161.0071(f). | ||
SECTION 5. Section 161.0071, Health and Safety Code, is | ||
amended by adding Subsection (f) to read as follows: | ||
(f) An individual or the individual's legally authorized | ||
representative may request exclusion of the individual's | ||
immunization records from the registry through a secure Internet | ||
portal accessed through the department's Internet website. | ||
SECTION 6. Section 161.00735(e), Health and Safety Code, is | ||
amended to read as follows: | ||
(e) The [ |
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must remain in the immunization registry until the seventh | ||
anniversary of the last day [ |
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SECTION 7. Section 161.008, Health and Safety Code, is | ||
amended by amending Subsections (c) and (d) and adding Subsection | ||
(c-1) to read as follows: | ||
(c) The department may obtain the data constituting an | ||
immunization record for an individual from a public health | ||
district, a local health department, the individual or the | ||
individual's legally authorized representative, a physician to the | ||
individual, a payor, or any health care provider licensed or | ||
otherwise authorized to administer vaccines. | ||
(c-1) Except as provided by Section 161.00705, the [ |
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department shall verify consent before including the reported | ||
information in the immunization registry. The department may not | ||
retain individually identifiable information about an individual | ||
for whom consent cannot be verified. | ||
(d) The department may release the data constituting an | ||
immunization record for the individual to: | ||
(1) any entity that is described by Subsection (c); | ||
(2) a school or child care facility in which the | ||
individual is enrolled; | ||
(3) a state agency having legal custody of the | ||
individual; or | ||
(4) an employer of a first responder, [ |
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responder, or an immediate family member of a first responder in | ||
accordance with Section 161.00708. | ||
SECTION 8. Section 161.0107, Health and Safety Code, is | ||
amended by amending Subsection (c) and adding Subsection (e) to | ||
read as follows: | ||
(c) The executive commissioner by rule shall specify: | ||
(1) the fields necessary to populate the immunization | ||
registry, including a "yes" or "no" 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. | ||
(e) The fields and data standards described by Subsection | ||
(c) relating to a patient's consent may not include demographic | ||
information of the patient. | ||
SECTION 9. Sections 161.007(a-2), (a-3), (a-4), (a-5), and | ||
(a-6), Health and Safety Code, are repealed. | ||
SECTION 10. As soon as practicable after the effective date | ||
of this Act, the Department of State Health Services shall develop | ||
the secure Internet portal required by Section 161.00709, Health | ||
and Safety Code, as added by this Act. | ||
SECTION 11. This Act takes effect September 1, 2023. |