HBA-MPM, NRS H.B. 1702 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1702
By: Green
Public Health
5/3/2001
Introduced



BACKGROUND AND PURPOSE 

In 1997, the Texas Department of Health (department) established an
immunization registry  tracking system called Immtrac for the purpose of
monitoring immunization rates for children in Texas.  This tracking system
also serves as an information depository for providers, who are then able
to determine if a child's immunization record is current.  For children who
do not regularly see the same care provider, Immtrac serves to protect them
from duplicate immunizations.  However, the current system lacks data from
the private sector, and therefore does not provide an adequate picture of
immunization rates in Texas.  House Bill 1702 establishes the Texas
immunization advisory committee to assist the department and the Texas
Board of Health in the development of procedures, guidelines, and policies
related to immunizations and requires a report on the immunization history
of a person younger than 18 years to be in a format prescribed by the
department.  The bill changes Immtrac from an opt-in to an opt-out system
and adds an exemption from immunization for reasons of conscience. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Board of Health in SECTION 5
(Section 161.007, Health and Safety Code) and SECTION 14 of this bill. 

ANALYSIS

House Bill 1702 amends the Health and Safety Code to establish the Texas
immunization advisory committee (committee) to assist the Texas Board of
Health (board) and the Texas Department of Health (department) in the
development of procedures, guidelines, and policies related to
immunizations. The bill sets forth the composition and duties of the
committee (Secs 110.002, 110.003, and 110.004).  

The bill provides that a person who administers a vaccination or
immunization is not liable for the failure to immunize a child because the
child's parent, guardian, or managing conservator (parent) does not consent
to the vaccination or immunization of that child for reasons of conscience
or religious belief (Secs. 161.001). The bill provides that a child is
exempt from an immunization required by the state if the child's parent
states that the immunization is being declined for reasons of conscience or
religious belief (Sec. 161.004). The bill requires the department to
develop and provide an exemption form to a person subject to exclusion from
a school or facility because the person declines a required immunization
for reasons of conscience or because of religious belief. The bill sets
forth the contents of the form and requires the department to provide the
exemption form on request by mail, facsimile, or electronic mail, or
through the department's Internet website in a printable format (Sec.
161.0045).  

The bill permits a parent to choose to have the patient excluded from the
department's childhood immunization registry (registry) rather than
requiring the written consent of the parent to include the patient in the
registry. The bill requires a report from an organization that pays or
reimburses a claim for an immunization on the immunization history of a
person younger than 18 years to be in a format prescribed by the
department, which may include submission in writing, by electronic format,
or by voice. The bill requires the department to consult with such
organizations and health care providers to determine the most  efficient
and cost-effective manner of reporting immunization histories. The bill
provides that the notice to parents regarding a due or overdue immunization
must contain instructions for the parent to request that future notices not
be sent and to remove the child's immunization record from the registry and
all department files. The notice must describe the procedure to report a
violation if a child is included in the registry after requesting
exclusion. The bill requires the board to adopt rules to implement
immunization provisions (Sec. 161.007). 

H.B. 1702 requires the department to send a written notification to the
child's parent disclosing certain information relating to the registry the
first time the department receives data for a child. The bill requires the
department to destroy all of a child's immunization records in the
possession of the department and delete the child's immunization records
from the registry and any other registry-related department record that
individually identifies the child not later than the 30th day after the
date the department receives from the parent of the child a written request
that the child be excluded from the registry. The department commits a
violation if the department fails to exclude a child from the registry
within 30 days of receiving the written request. The bill requires the
department to accept any written indication from a parent communicating to
the department that a child should be excluded from the registry, including
a statement on the child's birth certificate, as a request for exclusion
from the registry (Sec. 161.0071). 

The bill provides that information that individually identifies a child
received by the department for the immunization registry is confidential
and is authorized for use by the department for registry purposes only. The
bill prohibits the department from releasing registry information to any
individual or entity without the consent of the person or if the person is
a minor the person's parent. The bill prohibits a person required to report
information to the department for registry purposes from disclosing
individually identifiable information of a child to any other person
without written consent of a parent except to a physician providing medical
treatment to the child. The bill provides that registry information cannot
be brought before a court of law (Sec. 161.0072). The bill authorizes the
department to obtain and release data constituting an immunization record
for a child to certain health care related organizations without requiring
consent of a child's parent (Sec. 161.008).  The bill requires the
department to report to the Legislative Budget Board and the governor ways
increase immunization rates using state and federal resources (Sec.
161.0075). 

H.B. 1702 amends the Education Code to set forth provisions for the
exemption from immunization requirements for admission to elementary or
secondary schools or an institution of higher education due to the
possibility of an injury being inflicted or for reasons of conscience or
religious beliefs (Secs. 38.001 and 51.933). The bill requires each public
school to keep a record of personal or religious exemption from
immunization for each student admitted to a school. The bill requires each
school to submit a report annually to the department stating the number and
type of exemptions on file for children who are attending a school and
exercising the exemption option (Sec. 38.002). 

The bill amends the Human Resources Code to authorize a child care facility
to refuse admission to a child who has not received the  required
immunization unless exemptions are made from  immunization for admission
due to the possibility of an injury being inflicted on a child or for
reasons of conscience or for religious beliefs in the form of an
immunization exemption form signed by the child's parent (Sec. 42.043). 

The bill requires the board of health to appoint members of the Texas
immunization advisory committee not later than September 1, 2001. The bill
requires the board to adopt rules necessary to implement procedures for
excluding children from the immunization registry and to make available the
immunization exemption form as soon as practicable but no later than August
1, 2002. The bill prohibits the report on immunization histories and the
immunization record data from being accepted or released by the department
until the department has adopted rules and prescribed the immunization
exemption form (SECTION 14). 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.