74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2188
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,
433.092, 433.094, 433.096, 433.098 and 433.100.
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) '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 Oregon
immunization tracking and recall system.
(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.
Enrolled House Bill 2188 (HB 2188-A) Page 1
(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 Oregon Health and Science
University; or
(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
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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 - } .
Enrolled House Bill 2188 (HB 2188-A) Page 3
{ + (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.
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Enrolled House Bill 2188 (HB 2188-A) Page 4
Passed by House March 5, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 7, 2007
...........................................................
President of Senate
Enrolled House Bill 2188 (HB 2188-A) Page 5
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
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Secretary of State
Enrolled House Bill 2188 (HB 2188-A) Page 6