87(1) SB 74 - Introduced version - Bill Text

	87S10936 JG-D
	By:  Kolkhorst	S.B.  No.  74

	A BILL TO BE ENTITLED
	AN ACT
	relating to the release or disclosure of vaccination or
	immunization information to certain persons; providing a civil
	penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    Subchapter A, Chapter 161, Health and Safety
	Code, is amended by adding Section 161.0093 to read as follows:
	Sec.  161.0093.    RELEASE OR DISCLOSURE OF VACCINATION OR
	IMMUNIZATION INFORMATION TO CERTAIN PERSONS PROHIBITED; CIVIL
	PENALTY. (a) In this section, "health authority" has the meaning
	assigned by Section 81.003.
	(b)    An employee of the department or a health authority may
	not release or otherwise disclose to any person an individual's
	vaccination or immunization information received by the department
	or health authority unless:
	(1)    the department or health authority, as applicable,
	obtains the written or electronic consent of the individual or the
	individual's legally authorized representative;
	(2)    the employee releases or discloses the information
	to a health care provider in accordance with applicable state and
	federal laws relating to the privacy, protection, confidentiality,
	and transmission of health information; or
	(3)    the release or disclosure is otherwise authorized
	by this subchapter.
	(c)    An individual who releases or discloses vaccination or
	immunization information in violation of Subsection (b) is liable
	to this state for a civil penalty in an amount not to exceed $50,000
	for each violation. The attorney general may bring an action to
	collect the civil penalty imposed under this subsection.
	SECTION  2.    Sections 161.007(a) and (j), 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; 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.
	(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 or electronic consent of the
	individual or the individual's legally authorized representative.
	SECTION  3.    Section 161.00705(g), Health and Safety Code, is
	amended to read as follows:
	(g)    The immunization information of a child or other
	individual received by the department under this section, including
	individually identifiable information, may be released only:
	(1)    on consent of the individual or, if a child, the
	child's parent, managing conservator, or guardian; or
	(2)    to a [state agency or] health care provider
	consistent with the purposes of this subchapter or the purposes of
	aiding or coordinating communicable disease prevention and control
	efforts during a declared disaster, public health emergency,
	terrorist attack, hostile military or paramilitary action, or
	extraordinary law enforcement emergency.
	SECTION  4.    Sections 161.00706(c) and (d), Health and Safety
	Code, are amended to read as follows:
	(c)    The executive commissioner shall:
	(1)    develop rules to ensure that immunization history
	submitted under Subsection (a)(2) is medically verified