97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1338

 

Introduced 2/9/2011, by Rep. Robyn Gabel

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Immunization Data Registry Act. Provides that the Department of Public Health may develop and maintain an immunization data registry to collect, store, analyze, release, and report immunization data. Sets forth purposes for which the registry may be used. Sets forth provisions concerning the provision of immunization data to the registry, confidentiality, and the release of information. Establishes immunity for certain entities from civil and criminal liability for certain actions. Provides that a person who knowingly, intentionally, or recklessly discloses confidential information contained in the immunization data registry in violation of the Act commits a Class A misdemeanor. Makes other changes. Effective on July 1, 2011.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Immunization Data Registry Act.
 
6    Section 5. Definition. For the purpose of this Act,
7"Department" means the Department of Public Health.
 
8    Section 10. Development of registry; purposes.
9    (a) The Department may develop and maintain an immunization
10data registry to collect, store, analyze, release, and report
11immunization data.
12    (b) Data in the immunization registry may be used only for
13the following purposes:
14        (1) To ensure that necessary immunizations are
15    provided and over-immunization is avoided.
16        (2) To assess immunization coverage rates.
17        (3) To determine areas of under-immunization and other
18    epidemiological research for disease control purposes.
19        (4) To document that required immunizations have been
20    provided as required for school or child care admission.
21        (5) To determine coverage levels for various
22    subpopulations (geographic, racial and ethnic, and age

 

 

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1    groups) in this State.
2        (6) To accomplish other public health purposes as
3    determined by the Department.
 
4    Section 15. Provision of immunization data to registry;
5exemption forms; written information on immunization registry.
6    (a) A health care provider, physician's designee, or
7pharmacist's designee may provide immunization data to be
8entered into the immunization data registry in a manner
9prescribed by the Department and for the purposes allowed under
10this Act unless the patient or the patient's parent or
11guardian, if the patient is less than 18 years of age, has
12completed and filed with the provider, physician's designee, or
13pharmacist's designee a written immunization data exemption
14form.
15    (b) The Department shall create and provide copies of
16immunization data exemption forms to health care providers who
17are authorized to administer immunizations and individuals who
18request the form.
19    (c) The Department shall distribute to health care
20providers, upon request, written information to be
21disseminated to patients that describes the immunization data
22registry. The written information must include all of the
23following information:
24        (1) That the health care provider may report
25    immunization data to the Department to be entered into the

 

 

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1    immunization data registry.
2        (2) That the patient or the patient's parent or
3    guardian, if the patient is less than 18 years of age, has
4    a right to exempt disclosure of immunization data to the
5    registry and may prevent disclosure by signing an
6    immunization data exemption form.
7        (3) That the patient or the patient's parent or
8    guardian, if the patient is less than 18 years of age, may
9    have the individual's information removed from the
10    immunization data registry.
11        (4) Instructions on how to have the information
12    removed.
 
13    Section 20. Confidentiality of information; release of
14information; statistics; panel on expanding access.
15    (a) Records maintained as part of the immunization data
16registry are confidential.
17    (b) The Department may release an individual's
18confidential information to the individual or to the
19individual's parent or guardian if the individual is less than
2018 years of age.
21    (c) Subject to subsection (d) of this Section, the
22Department may release information in the immunization data
23registry concerning an individual to the following entities:
24        (1) The immunization data registry of another state.
25        (2) A health care provider or a health care provider's

 

 

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1    designee.
2        (3) A local health department.
3        (4) An elementary or secondary school that is attended
4    by the individual.
5        (5) A licensed child care center in which the
6    individual is enrolled.
7        (6) A licensed child-placing agency.
8        (7) A college or university that is attended by the
9    individual.
10    (d) Before immunization data may be released to an entity,
11the entity must enter into an agreement with the Department
12that provides that information that identifies a patient will
13not be released to any other person without the written consent
14of the patient.
15    (e) The Department may release summary statistics
16regarding information in the immunization data registry if the
17summary statistics do not reveal the identity of an individual.
 
18    Section 25. Immunity for providing data; penalty.
19    (a) An entity described in subsection (c) of Section 20 of
20this Act, the Department, or an agent of the Department who in
21good faith provides or receives immunization information is
22immune from civil and criminal liability for the following
23actions:
24        (1) Providing information to the immunization data
25    registry.

 

 

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1        (2) Using the immunization data registry information
2    to verify that a patient or child has received proper
3    immunizations.
4        (3) Using the immunization data registry information
5    to inform a patient or the child's parent or guardian of
6    the patient's or child's immunization status or that an
7    immunization is due according to recommended immunization
8    schedules.
9    (b) A person who knowingly, intentionally, or recklessly
10discloses confidential information contained in the
11immunization data registry in violation of this Act commits a
12Class A misdemeanor.
 
13    Section 99. Effective date. This Act takes effect July 1,
142011.