Bill Text: TX HB4272 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to requirements for and prohibited uses of information contained in the immunization registry.
Spectrum: Slight Partisan Bill (Republican 5-3)
Status: (Engrossed - Dead) 2021-05-29 - Senate appoints conferees-reported [HB4272 Detail]
Download: Texas-2021-HB4272-Comm_Sub.html
By: Klick, et al. (Senate Sponsor - Kolkhorst) | H.B. No. 4272 | |
(In the Senate - Received from the House May 10, 2021; | ||
May 12, 2021, read first time and referred to Committee on Health & | ||
Human Services; May 21, 2021, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 8, Nays 0; | ||
May 21, 2021, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 4272 | By: Seliger |
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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 for seven years following | ||
the end of the disaster, 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 own [ |
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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. CONSENT 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 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 for seven years following | ||
the end of the disaster. | ||
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. Subchapter A, Chapter 161, Health and Safety | ||
Code, is amended by adding Section 161.0085 to read as follows: | ||
Sec. 161.0085. COVID-19 VACCINE PASSPORTS AND VACCINATION | ||
AS EMPLOYMENT CONDITION PROHIBITED. (a) In this section, | ||
"COVID-19" means the 2019 novel coronavirus disease. | ||
(b) A governmental entity in this state, using information | ||
from the immunization registry authorized by Section 161.007, may | ||
not issue a vaccine passport, vaccine pass, or other standardized | ||
documentation to certify an individual's COVID-19 vaccination | ||
status to a third party for a purpose other than health care or | ||
otherwise publish or share any individual's COVID-19 immunization | ||
record or similar health information for a purpose other than | ||
health care. | ||
(c) A business in this state, using information from the | ||
immunization registry authorized by Section 161.007, may not | ||
require a customer to provide any documentation certifying the | ||
customer's COVID-19 vaccination or post-transmission recovery on | ||
entry to, to gain access to, or to receive service from the | ||
business. A business that fails to comply with this subsection is | ||
not eligible to receive a grant or enter into a contract payable | ||
with state funds. | ||
(d) An employer in this state, using information from the | ||
immunization registry authorized by Section 161.007, may not fail | ||
or refuse to hire, discharge, or otherwise discriminate against an | ||
individual with respect to compensation or the terms, conditions, | ||
or privileges of employment because the individual does not provide | ||
any documentation or other proof certifying the individual's | ||
COVID-19 vaccination status. | ||
(e) Notwithstanding any other law, each appropriate state | ||
agency shall ensure that businesses and employers in this state | ||
comply with Subsections (c) and (d), as applicable, and may require | ||
compliance with those subsections as a condition for a license, | ||
permit, or other state authorization necessary for conducting | ||
business or employing individuals in this state. | ||
(f) This section may not be construed to: | ||
(1) restrict a business or employer from implementing | ||
COVID-19 screening and infection control protocols in accordance | ||
with state and federal law to protect public health; or | ||
(2) interfere with an individual's right to access the | ||
individual's personal health information under federal law. | ||
SECTION 9. 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) may not include demographic information relating to the | ||
patient. | ||
SECTION 10. Sections 161.007(a-2), (a-3), (a-4), (a-5), and | ||
(a-6), Health and Safety Code, are repealed. | ||
SECTION 11. As soon as practicable after the effective date | ||
of this Act, the Department of State Health Services shall develop | ||
the Internet portal required by Section 161.00709, Health and | ||
Safety Code, as added by this Act. | ||
SECTION 12. This Act takes effect September 1, 2021. | ||
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