HBA-NMO H.B. 2722 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2722
By: Hupp
Public Health
3/31/1999
Introduced



BACKGROUND AND PURPOSE 

The 75th Texas Legislature enacted legislation creating a childhood
immunization registry (registry) to be administered by the Texas Department
of Health (TDH).  The law requires written consent of the parent, managing
conservator, or guardian of a child before any information relating to the
child is included in the registry.  H.B. 2722  requires written consent
before information relating to the child is released to TDH and provides
that the consent form must disclose what information is included in the
registry, to whom the information may be released, and the purpose and use
of the registry.  This bill also restricts TDH in obtaining and releasing
immunization information and provides a criminal penalty for using
information in the registry to deny insurance or other benefits.  
RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority previously delegated to the Texas Department of Health is
modified in SECTION 1 (Section 161.007, Health and Safety Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 161.007, Health and Safety Code, to require the
Texas Department of Health (TDH), by rule, to develop guidelines to require
the written consent of a parent, managing conservator, or guardian of a
patient before any information relating to the patient is released to TDH,
in addition to included in the immunization registry.  Provides that the
form of the written consent must be established by TDH guidelines.
Provides that the consent form must fully disclose all information that is
authorized to be included in the registry, the persons to whom the
information is authorized to be released under 161.008(c), and the purpose
and use of the registry.  Prohibits TDH from using  the registry to provide
not more than three notices by mail, telephone, or personal contact,
regarding a child who is due or overdue for a particular type immunization.
Makes conforming changes 

SECTION 2.  Amends Section 161.008, Health and Safety Code, by amending
Subsection (c) and adding Subsection (e), as follows: 

(c) Authorizes TDH, with proper consent, to release the data constituting
an immunization record for a child only to certain persons or entities in
this state. 

(e) Prohibits TDH from obtaining the data constituting an immunization
record from a person other than a public health district, a local health
department, or a physician to the child.  Provides that this subsection
does not affect TDH's ability to obtain immunization history under Section
161.007. 

SECTION 3.  Amends Section 161.009(a), Health and Safety Code, to provide
that a person commits a Class A misdemeanor if the person negligently uses
the information in the immunization registry to deny insurance or other
benefits based on the person's immunization history. 

SECTION 4.  Requires the Texas Board of Health to adopt a consent form as
required by Section 161.007, Health and Safety Code, not later than
December 15, 1999. 

 SECTION 5.  Makes application of this Act prospective to January 1, 2000.

SECTION 6.  Effective date: September 1, 1999.

SECTION 7.  Emergency clause.