72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
House Bill 2153
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Department of Human Services)
CHAPTER ................
AN ACT
Relating to immunization registries; amending ORS 433.090,
433.094 and 433.098.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 433.090 is amended to read:
433.090. As used in ORS 433.090 to 433.102:
(1) 'Children's facility' has the meaning given that term in
ORS 433.235.
(2) 'Client' means any person registered with any Oregon
immunization tracking and recall system.
(3) 'Immunization record' includes but is not limited to the
following:
(a) Any immunization received;
(b) Date immunization was received;
(c) Complication or side effect associated with immunization;
(d) Date and place of birth of a client;
(e) Hospital where a client was born;
(f) Client's name; and
(g) Mother's name.
(4) 'Immunization registry' means any listing of clients and
information relating to their immunization status { + , without
regard to whether the registry is maintained in this state or
elsewhere + }.
(5) 'Immunization tracking and recall record' includes but is
not limited to the client's name, address of the parent or
guardian of the client, telephone number, insurance carrier,
health care provider and other information needed to send
reminder cards to, place telephone calls to or personally contact
the client or the parent or the guardian of a client for the
purposes of informing the client, parent or guardian that the
client is late in receiving the recommended immunizations.
(6) 'Local health department' has the meaning given that term
in ORS 433.235.
(7) 'Parent or guardian' has the meaning given the term '
parent' in ORS 433.235.
(8) 'Provider' means a health care provider licensed to provide
health care services { - in Oregon - } , managed health care
systems, health maintenance organizations, health service
contractors, insurance carriers and the Oregon medical assistance
program.
(9) 'School' has the meaning given that term in ORS 433.235.
Enrolled House Bill 2153 (HB 2153-INTRO) Page 1
(10) 'Tracking and recall system' means a system attached to an
immunization registry designed to contact clients listed in the
immunization registry for the purposes of assisting in the
completion of the immunization series in a timely manner.
SECTION 2. ORS 433.094 is amended to read:
433.094. Subject to availability of funds, the Department of
Human Services, a local health department, or both, or their
agents or other providers { - shall be permitted to - }
{ + may + } develop an immunization registry and an associated
tracking and recall system to include, but not be limited to,
children and young adults. This system shall include, but not be
limited to, the following:
(1) Registering all clients born in { - or - } { + , + }
living in { + or receiving services in + } this state;
(2) Tracking and updating immunization histories of the
registered clients and retaining in appropriate form information
about clients who have attained 18 years of age for release only
as provided in ORS 433.098 (2);
(3) Allowing a provider to provide information to and obtain
information from the immunization and immunization tracking and
recall records contained in an immunization registry without the
consent of the client or the parent or guardian of the client;
(4) Allowing an immunization record of a client to be released
to that client's parent, guardian, school, children's facility or
provider;
(5) Notifying in writing the parent or guardian of a client, at
least through five years of age, when the tracking and recall
system indicates that a client has missed a scheduled
immunization and, if the client has not been immunized after two
notifications, arranging to have the parent or guardian contacted
personally;
(6) Integrating with any immunization registry and its
associated tracking and recall systems { - within this
state - } ; and
(7) Working with health care providers to develop easy
information transfer systems.
SECTION 3. ORS 433.098 is amended to read:
433.098. (1) A provider, or a local health department, the
Department of Human Services or the agents of any of them,
children's facilities and schools shall not be subject to an
action or be liable for sharing information from the immunization
record or using information from the immunization tracking and
recall record for purposes of tracking immunizations of clients
and for outreach to clients who have missed immunizations.
(2) Information in an immunization registry or in the
immunization tracking and recall record or derived therefrom is
confidential and shall not be disclosed to any person who is not
specifically authorized to receive information under ORS 433.090
to 433.102. However, when a client attains 18 years of age,
information in the registry shall be made available only with the
written consent of the client unless the requester shows a public
health need for the information. Upon the written request of a
client who is at least 18 years of age, the registry shall purge
that client's immunization record and tracking and recall record
from the registry.
{ + (3) Before sharing data with any immunization registry,
an immunization registry maintained in Oregon must ensure that
the immunization registry receiving the data has confidentiality
and security policies at least as stringent as the policies of
the registry sharing the data. + }
Enrolled House Bill 2153 (HB 2153-INTRO) Page 2
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Passed by House June 19, 2003
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Chief Clerk of House
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Speaker of House
Passed by Senate June 27, 2003
...........................................................
President of Senate
Enrolled House Bill 2153 (HB 2153-INTRO) Page 3
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled House Bill 2153 (HB 2153-INTRO) Page 4