Chapter 196
AN ACT
HB 2188
Relating to immunization registries; amending ORS 433.090, 433.092,
433.094, 433.096, 433.098 and 433.100.
Be It Enacted by the People of
the State of
SECTION 1.
ORS 433.090 is amended to read:
433.090. As used in ORS
433.090 to 433.102:
(1) “Authorized user”
means a person or entity authorized to provide information to or to receive
information from an immunization registry or immunization tracking and recall
system under ORS 433.090 to 433.102. “Authorized user” includes, but is not
limited to, licensed health care providers, health care institutions, insurance
carriers, the Oregon medical assistance program, parents[,] or guardians of children under 18 years of age, clients 18
years of age or older, post-secondary education institutions, schools,
children’s facilities, local health departments, the Department of Human
Services and agents of the department.
(2) “Children’s facility”
has the meaning given that term in ORS 433.235.
(3) “Client” means any
person registered with any
(4) “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.
(5) “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.
(6) “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.
(7) “Local health
department” has the meaning given that term in ORS 433.235.
(8) “Parent or guardian”
has the meaning given the term “parent” in ORS 433.235.
(9) “Post-secondary
education institution” means:
(a) A state institution
of higher education under the jurisdiction of the State Board of Higher
Education;
(b) A community college
operated under ORS chapter 341;
(c) A school or division
of
(d) An Oregon-based,
generally accredited, private institution of higher education.
[(9)] (10) “Provider” means a physician or a health care
professional who is acting within the scope of [their] his or her licensure and responsible for providing immunization
services or for coordinating immunization services within a clinic, public
health site, school or other immunization site.
[(10)] (11) “School” has the meaning given that term in ORS
433.235.
[(11)] (12) “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 433.092 is amended to read:
433.092. The purpose of
ORS 433.090 to 433.102 is to waive the requirement of consent for release of
information from, or providing information to, the immunization record of a
client of any immunization registry and to waive issues of confidentiality in
regard to this information. The waiver allows [providers, the Department of Human Services and local health
departments and their agents, parents or guardians, schools and children’s
facilities] authorized users to share information from the
immunization record through or between immunization registries without
violating confidentiality. The immunization registries and the associated
tracking and recall systems are designed to increase the state’s immunization
rates for clients and help prevent the spread of the diseases at which the
immunizations are aimed. Immunizations are a proven benefit to individuals and
society. An immunization registry reduces inappropriate immunizations and
increases appropriate immunizations because clients’ records will be easily
available to [all providers] authorized
users.
SECTION 3.
ORS 433.094 is amended to read:
433.094. The Department
of Human Services, a local health department, or both, or their agents or other
providers 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, 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]
authorized users;
(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; and
(7) Working with health
care providers to develop easy information transfer systems.
SECTION 4.
ORS 433.096 is amended to read:
433.096. Nothing in ORS
179.505, 192.410 to 192.505, 192.518 to 192.526 or 677.190 (5) or the client
and provider privilege prevents:
(1) [A provider, a local health department, the
Department of Human Services, the parent or guardian of a client, a school or a
children’s facility] Authorized users from providing information to
and receiving information from the immunization record of a client from the
immunization registry; or
(2) The immunization
registry from:
(a) Providing
immunization information to or receiving immunization information from a client’s
immunization record from [a provider, a
local health department, the Department of Human Services or the parent or
guardian of a client, a school or a children’s facility] authorized
users;
(b) Notifying or
personally contacting a client or the custodial parent or guardian of [that] a client about the client’s
immunization status; or
(c) Providing or
publishing information in aggregate form that does not identify a client.
SECTION 5.
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] An
authorized user and the employees or agents of an authorized user are not
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] from the
registry or record is confidential and [shall]
may 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) When a client who
is 18 years of age or older requests in writing that the client’s immunization
record be removed from an immunization registry, the agency that maintains the
registry shall purge the client’s immunization record from the registry as soon
as is reasonably possible.
[(3)] (4) 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.
SECTION 6.
ORS 433.100 is amended to read:
433.100. (1) The
Department of Human Services shall adopt rules pertaining to the development
and implementation of the immunization registries and their associated tracking
and recall systems. The rules shall include a process [by which] that allows a client who is 18 years of age or older,
a custodial parent or guardian [can]
to control the transfer of information from the immunization record or the
immunization tracking and recall record when such control is necessary to
protect the health or safety of the family or the client.
(2) Nothing in this
section requires the consent of a parent or guardian prior to enrolling the
child in the registry or restricts the registry from providing tracking and
recall information to a custodial parent or guardian.
(3)(a) Pursuant to rules
adopted by the department, the department may charge fees to authorized users,
except hospitals, schools and individual health care providers, for services
requested from an immunization registry, including associated tracking and
recall systems maintained by the department. Authorized users may make
voluntary contributions to the department to help support the operation of an
immunization registry established under ORS 433.094.
(b) Fees authorized
under paragraph (a) of this subsection shall be assessed only against managed
care organizations, health maintenance organizations, physician organizations
and insurance carriers that are using the information from the registries for
quality improvement activities for their privately insured patients.
(c) All moneys received
by the department under this section shall be paid into the State Treasury and
placed in the General Fund to the credit of the Public Health Account. Such
moneys are continuously appropriated to the department and shall be used only
for the administration and enforcement of ORS 433.090 to 433.102.
Approved by the Governor May 30, 2007
Filed in the office of Secretary of State May 31, 2007
Effective date January 1, 2008
__________