Full Text of HB1338 97th General Assembly
HB1338 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB1338 Introduced 2/9/2011, by Rep. Robyn Gabel SYNOPSIS AS INTRODUCED: |
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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,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Immunization 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 | 10 | | data registry to collect, store, analyze, release, and
report | 11 | | immunization data.
| 12 | | (b) Data in the immunization registry may be used only for | 13 | | the
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; | 5 | | exemption forms;
written information on immunization registry.
| 6 | | (a) A health care provider, physician's designee, or | 7 | | pharmacist's
designee may provide immunization data to be | 8 | | entered into the immunization data
registry in a manner | 9 | | prescribed by the Department and for the
purposes allowed under | 10 | | this Act unless the patient or the patient's parent or | 11 | | guardian, if the patient is less than
18 years of age,
has | 12 | | completed and filed with the provider, physician's designee, or
| 13 | | pharmacist's designee a written immunization data exemption | 14 | | form. | 15 | | (b) The Department shall create and provide copies of
| 16 | | immunization data exemption forms to health care providers who | 17 | | are authorized to
administer immunizations and
individuals
who | 18 | | request the form.
| 19 | | (c) The Department shall distribute to health care | 20 | | providers, upon
request, written information to be | 21 | | disseminated to patients that
describes the immunization data | 22 | | registry. The written information
must include all of the | 23 | | following 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 | 14 | | information; statistics;
panel on expanding access.
| 15 | | (a) Records maintained as part of the immunization data
| 16 | | registry are confidential.
| 17 | | (b) The Department may release an individual's | 18 | | confidential
information to the individual or to the | 19 | | individual's parent or guardian
if the individual is less than | 20 | | 18 years of age.
| 21 | | (c) Subject to subsection (d) of this Section, the | 22 | | Department may release
information in the immunization data | 23 | | registry 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, | 11 | | the
entity must enter into an agreement with the Department | 12 | | that
provides that information that identifies a patient will | 13 | | not be released
to any other person without the written consent | 14 | | of the patient.
| 15 | | (e) The Department may release summary statistics | 16 | | regarding
information in the immunization data registry if the | 17 | | summary
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 | 20 | | this Act, the
Department, or an agent of the Department who in | 21 | | good
faith provides or receives immunization information is | 22 | | immune from
civil and criminal liability for the following | 23 | | actions: | 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 | 10 | | discloses
confidential information contained in the | 11 | | immunization data registry
in violation of this Act commits a | 12 | | Class A misdemeanor.
| 13 | | Section 99. Effective date. This Act takes effect July 1, | 14 | | 2011.
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