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1 | AN ACT concerning health.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||
5 | Immunization Data Registry Act. | ||||||
6 | Section 5. Definition. For the purpose of this Act, | ||||||
7 | "Department" means the Department of Public Health. | ||||||
8 | Section 10. Development of registry; purposes. | ||||||
9 | (a) The Department may develop and maintain an
immunization | ||||||
10 | data registry to collect, store, analyze, release, and
report | ||||||
11 | immunization data.
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12 | (b) Data in the immunization registry may be used only for | ||||||
13 | the
following purposes:
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14 | (1) To ensure that necessary immunizations are | ||||||
15 | provided and
over-immunization is avoided.
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16 | (2) To assess immunization coverage rates.
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17 | (3) To determine areas of under-immunization and other
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18 | epidemiological research for disease control purposes.
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19 | (4) To document that required immunizations have been
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20 | provided as required for school or child care admission.
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21 | (5) To determine coverage levels for various | ||||||
22 | subpopulations (geographic, racial and ethnic, and age |
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1 | groups) in this State. | ||||||
2 | (6) To accomplish other public health purposes as | ||||||
3 | determined
by the Department. | ||||||
4 | Section 15. Provision of immunization data to registry; | ||||||
5 | exemption forms;
written information on immunization registry.
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6 | (a) A health care provider, physician's designee, or | ||||||
7 | pharmacist's
designee may provide immunization data to be | ||||||
8 | entered into the immunization data
registry in a manner | ||||||
9 | prescribed by the Department and for the
purposes allowed under | ||||||
10 | this Act unless the patient or the patient's parent or | ||||||
11 | guardian, if the patient is less than
18 years of age,
has | ||||||
12 | completed and filed with the provider, physician's designee, or
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13 | pharmacist's designee a written immunization data exemption | ||||||
14 | form. | ||||||
15 | (b) The Department shall create and provide copies of
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16 | immunization data exemption forms to health care providers who | ||||||
17 | are authorized to
administer immunizations and
individuals
who | ||||||
18 | request the form.
The forms shall also be accessible from the | ||||||
19 | immunization data registry system itself. | ||||||
20 | (c) The Department shall distribute to health care | ||||||
21 | providers, upon
request, written information to be | ||||||
22 | disseminated to patients that
describes the immunization data | ||||||
23 | registry. The written information
and the immunization data | ||||||
24 | exemption forms must include all of the following information:
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25 | (1) A description of the immunization data registry and |
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1 | its purpose. | ||||||
2 | (2) That the health care provider may report | ||||||
3 | immunization data to the Department to be entered into the
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4 | immunization data registry.
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5 | (3) That the patient or the patient's parent or | ||||||
6 | guardian, if the
patient is less than 18 years of age, has | ||||||
7 | a right to
exempt disclosure of immunization data to the | ||||||
8 | registry and may
prevent disclosure by signing an | ||||||
9 | immunization data exemption
form.
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10 | (4) That the patient or the patient's parent or | ||||||
11 | guardian, if the
patient is less than 18 years of age, may | ||||||
12 | have the
individual's information removed from the | ||||||
13 | immunization data
registry.
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14 | (5) Instructions on how to have the information | ||||||
15 | removed. | ||||||
16 | Section 17. Immunization data exemption form; immunization | ||||||
17 | providers. Before entering immunization data into the | ||||||
18 | immunization data registry, authorized immunization providers | ||||||
19 | who provide immunization data into the immunization data | ||||||
20 | registry shall provide the patient or the patient's parent or | ||||||
21 | guardian, if the patient is less than 18 years of age, with a | ||||||
22 | printed immunization data exemption form at least once. The | ||||||
23 | printed immunization data exemption form may be distributed in | ||||||
24 | conjunction with the Vaccine Information Statements that are | ||||||
25 | required to be disseminated by the National Childhood Vaccine |
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1 | Injury Act before giving any vaccine containing diphtheria, | ||||||
2 | tetanus, pertussis, measles, mumps, rubella, polio, hepatitis | ||||||
3 | A, hepatitis B, Haemophilus influenzae type b (Hib), influenza, | ||||||
4 | pneumococcal conjugate, meningococcal, rotavirus, human | ||||||
5 | papillomavirus (HPV), or varicella (chickenpox) vaccine. | ||||||
6 | Section 20. Confidentiality of information; release of | ||||||
7 | information; statistics;
panel on expanding access.
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8 | (a) Records maintained as part of the immunization data
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9 | registry are confidential.
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10 | (b) The Department may release an individual's | ||||||
11 | confidential
information to the individual or to the | ||||||
12 | individual's parent or guardian
if the individual is less than | ||||||
13 | 18 years of age.
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14 | (c) Subject to subsection (d) of this Section, the | ||||||
15 | Department may release
information in the immunization data | ||||||
16 | registry concerning an
individual to the following entities:
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17 | (1) The immunization data registry of another state.
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18 | (2) A health care provider or a health care provider's | ||||||
19 | designee.
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20 | (3) A local health department.
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21 | (4) An elementary or secondary school that is attended | ||||||
22 | by the
individual.
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23 | (5) A licensed child care center in
which the | ||||||
24 | individual is enrolled.
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25 | (6) A licensed child-placing agency.
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1 | (7) A college or university that is
attended by the | ||||||
2 | individual.
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3 | (d) Before immunization data may be released to an entity, | ||||||
4 | the
entity must enter into an agreement with the Department | ||||||
5 | that
provides that information that identifies a patient will | ||||||
6 | not be released
to any other person without the written consent | ||||||
7 | of the patient.
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8 | (e) The Department may release summary statistics | ||||||
9 | regarding
information in the immunization data registry if the | ||||||
10 | summary
statistics do not reveal the identity of an individual.
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11 | Section 25. Immunity for providing data; penalty. | ||||||
12 | (a) An entity described in subsection (c) of Section 20 of | ||||||
13 | this Act, the
Department, or an agent of the Department who in | ||||||
14 | good
faith provides or receives immunization information is | ||||||
15 | immune from
civil and criminal liability for the following | ||||||
16 | actions: | ||||||
17 | (1) Providing information to the immunization data | ||||||
18 | registry.
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19 | (2) Using the immunization data registry information | ||||||
20 | to verify
that a patient or child has received proper | ||||||
21 | immunizations.
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22 | (3) Using the immunization data registry information | ||||||
23 | to inform
a patient or the child's parent or guardian of | ||||||
24 | the patient's or child's immunization status or that an | ||||||
25 | immunization is due according to recommended
immunization |
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1 | schedules.
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2 | (b) A person who knowingly, intentionally, or recklessly | ||||||
3 | discloses
confidential information contained in the | ||||||
4 | immunization data registry
in violation of this Act commits a | ||||||
5 | Class A misdemeanor.
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6 | Section 99. Effective date. This Act takes effect July 1, | ||||||
7 | 2011.
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