|
Public Act 097-0117
|
| HB1338 Enrolled | LRB097 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 |