Full Text of HB1338 97th General Assembly
HB1338eng 97TH GENERAL ASSEMBLY
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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Immunization Data Registry Act.
For the purpose of this Act,
"Department" means the Department of Public Health.
Development of registry; purposes.
(a) The Department may develop and maintain an
data registry to collect, store, analyze, release, and
(b) Data in the immunization registry may be used only for
(1) To ensure that necessary immunizations are
over-immunization is avoided.
(2) To assess immunization coverage rates.
(3) To determine areas of under-immunization and other
epidemiological research for disease control purposes.
(4) To document that required immunizations have been
provided as required for school or child care admission.
(5) To determine coverage levels for various
subpopulations (geographic, racial and ethnic, and age
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groups) in this State.
(6) To accomplish other public health purposes as
by the Department.
Provision of immunization data to registry;
written information on immunization registry.
(a) A health care provider, physician's designee, or
designee may provide immunization data to be
entered into the immunization data
registry in a manner
prescribed by the Department and for the
purposes allowed under
this Act unless the patient or the patient's parent or
guardian, if the patient is less than
18 years of age,
completed and filed with the provider, physician's designee, or
pharmacist's designee a written immunization data exemption
(b) The Department shall create and provide copies of
immunization data exemption forms to health care providers who
are authorized to
administer immunizations and
request the form.
The forms shall also be accessible from the
immunization data registry system itself.
(c) The Department shall distribute to health care
request, written information to be
disseminated to patients that
describes the immunization data
registry. The written information
and the immunization data
exemption forms must include all of the following information:
(1) A description of the immunization data registry and
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(2) That the health care provider may report
immunization data to the Department to be entered into the
immunization data registry.
(3) That the patient or the patient's parent or
guardian, if the
patient is less than 18 years of age, has
a right to
exempt disclosure of immunization data to the
registry and may
prevent disclosure by signing an
immunization data exemption
(4) That the patient or the patient's parent or
guardian, if the
patient is less than 18 years of age, may
individual's information removed from the
(5) Instructions on how to have the information
Immunization data exemption form; immunization
Before entering immunization data into the
immunization data registry, authorized immunization providers
who provide immunization data into the immunization data
registry shall provide the patient or the patient's parent or
guardian, if the patient is less than 18 years of age, with a
printed immunization data exemption form at least once. The
printed immunization data exemption form may be distributed in
conjunction with the Vaccine Information Statements that are
required to be disseminated by the National Childhood Vaccine
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Injury Act before giving any vaccine containing diphtheria,
tetanus, pertussis, measles, mumps, rubella, polio, hepatitis
A, hepatitis B, Haemophilus influenzae type b (Hib), influenza,
pneumococcal conjugate, meningococcal, rotavirus, human
papillomavirus (HPV), or varicella (chickenpox) vaccine.
Confidentiality of information; release of
panel on expanding access.
(a) Records maintained as part of the immunization data
registry are confidential.
(b) The Department may release an individual's
information to the individual or to the
individual's parent or guardian
if the individual is less than
18 years of age.
(c) Subject to subsection (d) of this Section, the
Department may release
information in the immunization data
registry concerning an
individual to the following entities:
(1) The immunization data registry of another state.
(2) A health care provider or a health care provider's
(3) A local health department.
(4) An elementary or secondary school that is attended
(5) A licensed child care center in
individual is enrolled.
(6) A licensed child-placing agency.
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(7) A college or university that is
attended by the
(d) Before immunization data may be released to an entity,
entity must enter into an agreement with the Department
provides that information that identifies a patient will
not be released
to any other person without the written consent
of the patient.
(e) The Department may release summary statistics
information in the immunization data registry if the
statistics do not reveal the identity of an individual.
Immunity for providing data; penalty.
(a) An entity described in subsection (c) of Section 20 of
this Act, the
Department, or an agent of the Department who in
faith provides or receives immunization information is
civil and criminal liability for the following
(1) Providing information to the immunization data
(2) Using the immunization data registry information
that a patient or child has received proper
(3) Using the immunization data registry information
a patient or the child's parent or guardian of
the patient's or child's immunization status or that an
immunization is due according to recommended
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(b) A person who knowingly, intentionally, or recklessly
confidential information contained in the
immunization data registry
in violation of this Act commits a
Class A misdemeanor.
This Act takes effect July 1,