Bill Text: TX HB273 | 2021 | 87th Legislature 1st Special Session | Introduced
Bill Title: Relating to the release or disclosure of vaccination or immunization information to certain persons; providing a civil penalty.
Spectrum: Partisan Bill (Republican 10-0)
Status: (Introduced - Dead) 2021-07-14 - Filed [HB273 Detail]
Download: Texas-2021-HB273-Introduced.html
| By: Jetton | H.B. No. 273 | |
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| 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 or agent 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 or agent 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 less than $2,000 | ||
| and 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 | ||
| immunization information; | ||
| (2) develop guidelines for use by the department in | ||
| informing first responders about the registry [and that registry | ||
| information may be released under Section 161.00735]; and | ||
| (3) adopt rules necessary for the implementation of this | ||
| section. | ||
| (d) A [Except as provided by Section 161.00735, a] person's | ||
| immunization history or data received by the department under this | ||
| section may be released only on consent of the person or to any | ||
| health care provider licensed or otherwise authorized to administer | ||
| vaccines. | ||
| SECTION 5. Section 161.0071(a), Health and Safety Code, is | ||
| amended to read as follows: | ||
| (a) The first time the department receives registry data for | ||
| an individual for whom the department has received consent to be | ||
| included in the registry, the department shall send notice to the | ||
| individual or the individual's legally authorized representative | ||
| disclosing: | ||
| (1) that providers and payors may be sending the | ||
| individual's immunization information to the department; | ||
| (2) the information that is included in the registry; | ||
| (3) the persons to whom the information may be released | ||
| under Section [Sections 161.00735(b) and] 161.008(d); | ||
| (4) the purpose and use of the registry; | ||
| (5) the procedure to exclude an individual from the | ||
| registry; and | ||
| (6) the procedure to report a violation if an individual's | ||
| information is included in the registry after exclusion has been | ||
| requested or consent has been withdrawn. | ||
| SECTION 6. Section 161.0073(a), Health and Safety Code, is | ||
| amended to read as follows: | ||
| (a) Except as provided by Section [Sections] 161.00705 [and | ||
| 161.00735], information that individually identifies an individual | ||
| that is received by the department for the immunization registry is | ||
| confidential and may be used by the department for registry | ||
| purposes only. | ||
| SECTION 7. The heading to Section 161.00735, Health and | ||
| Safety Code, is amended to read as follows: | ||
| Sec. 161.00735. [RELEASE AND] RECEIPT OF REGISTRY DATA IN | ||
| DISASTER. | ||
| SECTION 8. Section 161.00735(h), Health and Safety Code, is | ||
| amended to read as follows: | ||
| (h) The executive commissioner shall make every effort to | ||
| enter into a memorandum of agreement with each state from [to] which | ||
| residents of that [this] state are likely to evacuate to this state | ||
| in a disaster on[: | ||
| [(1) the release and use of registry information under this | ||
| section to the appropriate health authority or local health | ||
| authority of that state, including the length of time the | ||
| information may be retained by that state; and | ||
| [(2)] the receipt and use of information submitted by the | ||
| health authority or local health authority of that state for | ||
| inclusion in the registry under this section. | ||
| SECTION 9. Section 161.0075, Health and Safety Code, is | ||
| amended to read as follows: | ||
| Sec. 161.0075. IMMUNITY FROM LIABILITY. Except as provided | ||
| by Sections [Section] 161.009 and 161.0093, the following persons | ||
| subject to this subchapter that act in compliance with Sections | ||
| 161.007, 161.00705, 161.00706, 161.0071, 161.0073, 161.0074, and | ||
| 161.008 are not civilly or criminally liable for furnishing the | ||
| information required under this subchapter: | ||
| (1) a payor; | ||
| (2) a health care provider who administers immunizations; | ||
| and | ||
| (3) an employee of the department. | ||
| SECTION 10. Section 161.008(d), Health and Safety Code, is | ||
| amended to read as follows: | ||
| (d) The department may release the data constituting an | ||
| immunization record for the individual to: | ||
| (1) a health care provider treating the individual or an | ||
| organization to which the individual is a member [any entity that is | ||
| described by Subsection (c)]; or | ||
| (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 or a first responder | ||
| in accordance with Section 161.00708. | ||
| SECTION 11. Section 161.00735(b), Health and Safety Code, | ||
| is repealed. | ||
| SECTION 12. The changes in law made by this Act apply only | ||
| to the release or disclosure of information on or after the | ||
| effective date of this Act. The release or disclosure of | ||
| information before the effective date of this Act is governed by the | ||
| law in effect when the release or disclosure was made, and the | ||
| former law is continued in effect for that purpose. | ||
| SECTION 13. This Act takes effect December 1, 2021. | ||
