Public Act 097-0117
 
HB1338 EnrolledLRB097 06850 RPM 46943 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Immunization Data Registry Act.
 
    Section 5. Definition. For the purpose of this Act,
"Department" means the Department of Public Health.
 
    Section 10. Development of registry; purposes.
    (a) The Department may develop and maintain an immunization
data registry to collect, store, analyze, release, and report
immunization data.
    (b) Data in the immunization registry may be used only for
the following purposes:
        (1) To ensure that necessary immunizations are
    provided and 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
    groups) in this State.
        (6) To accomplish other public health purposes as
    determined by the Department.
 
    Section 15. Provision of immunization data to registry;
exemption forms; written information on immunization registry.
    (a) A health care provider, physician's designee, or
pharmacist's 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, has
completed and filed with the provider, physician's designee, or
pharmacist's designee a written immunization data exemption
form.
    (b) The Department shall create and provide copies of
immunization data exemption forms to health care providers who
are authorized to administer immunizations and individuals who
request the form. The forms shall also be accessible from the
immunization data registry system itself.
    (c) The Department shall distribute to health care
providers, upon 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
    its purpose.
        (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 form.
        (4) That the patient or the patient's parent or
    guardian, if the patient is less than 18 years of age, may
    have the individual's information removed from the
    immunization data registry.
        (5) Instructions on how to have the information
    removed.
 
    Section 17. Immunization data exemption form; immunization
providers. 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
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.
 
    Section 20. Confidentiality of information; release of
information; statistics; panel on expanding access.
    (a) Records maintained as part of the immunization data
registry are confidential.
    (b) The Department may release an individual's
confidential 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
    designee.
        (3) A local health department.
        (4) An elementary or secondary school that is attended
    by the individual.
        (5) A licensed child care center in which the
    individual is enrolled.
        (6) A licensed child-placing agency.
        (7) A college or university that is attended by the
    individual.
    (d) Before immunization data may be released to an entity,
the entity must enter into an agreement with the Department
that 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
regarding information in the immunization data registry if the
summary statistics do not reveal the identity of an individual.
 
    Section 25. 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
good faith provides or receives immunization information is
immune from civil and criminal liability for the following
actions:
        (1) Providing information to the immunization data
    registry.
        (2) Using the immunization data registry information
    to verify that a patient or child has received proper
    immunizations.
        (3) Using the immunization data registry information
    to inform 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 immunization
    schedules.
    (b) A person who knowingly, intentionally, or recklessly
discloses confidential information contained in the
immunization data registry in violation of this Act commits a
Class A misdemeanor.
 
    Section 99. Effective date. This Act takes effect July 1,
2011.