Illinois General Assembly - Full Text of HB1338
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Full Text of HB1338  97th General Assembly




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1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Immunization 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
10data registry to collect, store, analyze, release, and report
11immunization data.
12    (b) Data in the immunization registry may be used only for
13the following purposes:
14        (1) To ensure that necessary immunizations are
15    provided and over-immunization is avoided.
16        (2) To assess immunization coverage rates.
17        (3) To determine areas of under-immunization and other
18    epidemiological research for disease control purposes.
19        (4) To document that required immunizations have been
20    provided as required for school or child care admission.
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;
5exemption forms; written information on immunization registry.
6    (a) A health care provider, physician's designee, or
7pharmacist's designee may provide immunization data to be
8entered into the immunization data registry in a manner
9prescribed by the Department and for the purposes allowed under
10this Act unless the patient or the patient's parent or
11guardian, if the patient is less than 18 years of age, has
12completed and filed with the provider, physician's designee, or
13pharmacist's designee a written immunization data exemption
15    (b) The Department shall create and provide copies of
16immunization data exemption forms to health care providers who
17are authorized to administer immunizations and individuals who
18request the form. The forms shall also be accessible from the
19immunization data registry system itself.
20    (c) The Department shall distribute to health care
21providers, upon request, written information to be
22disseminated to patients that describes the immunization data
23registry. The written information and the immunization data
24exemption forms must include all of the following information:
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
4    immunization data registry.
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.
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.
14        (5) Instructions on how to have the information
15    removed.
16    Section 17. Immunization data exemption form; immunization
17providers. Before entering immunization data into the
18immunization data registry, authorized immunization providers
19who provide immunization data into the immunization data
20registry shall provide the patient or the patient's parent or
21guardian, if the patient is less than 18 years of age, with a
22printed immunization data exemption form at least once. The
23printed immunization data exemption form may be distributed in
24conjunction with the Vaccine Information Statements that are
25required to be disseminated by the National Childhood Vaccine



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1Injury Act before giving any vaccine containing diphtheria,
2tetanus, pertussis, measles, mumps, rubella, polio, hepatitis
3A, hepatitis B, Haemophilus influenzae type b (Hib), influenza,
4pneumococcal conjugate, meningococcal, rotavirus, human
5papillomavirus (HPV), or varicella (chickenpox) vaccine.
6    Section 20. Confidentiality of information; release of
7information; statistics; panel on expanding access.
8    (a) Records maintained as part of the immunization data
9registry are confidential.
10    (b) The Department may release an individual's
11confidential information to the individual or to the
12individual's parent or guardian if the individual is less than
1318 years of age.
14    (c) Subject to subsection (d) of this Section, the
15Department may release information in the immunization data
16registry concerning an individual to the following entities:
17        (1) The immunization data registry of another state.
18        (2) A health care provider or a health care provider's
19    designee.
20        (3) A local health department.
21        (4) An elementary or secondary school that is attended
22    by the individual.
23        (5) A licensed child care center in which the
24    individual is enrolled.
25        (6) A licensed child-placing agency.



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1        (7) A college or university that is attended by the
2    individual.
3    (d) Before immunization data may be released to an entity,
4the entity must enter into an agreement with the Department
5that provides that information that identifies a patient will
6not be released to any other person without the written consent
7of the patient.
8    (e) The Department may release summary statistics
9regarding information in the immunization data registry if the
10summary statistics do not reveal the identity of an individual.
11    Section 25. Immunity for providing data; penalty.
12    (a) An entity described in subsection (c) of Section 20 of
13this Act, the Department, or an agent of the Department who in
14good faith provides or receives immunization information is
15immune from civil and criminal liability for the following
17        (1) Providing information to the immunization data
18    registry.
19        (2) Using the immunization data registry information
20    to verify that a patient or child has received proper
21    immunizations.
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.
2    (b) A person who knowingly, intentionally, or recklessly
3discloses confidential information contained in the
4immunization data registry in violation of this Act commits a
5Class A misdemeanor.
6    Section 99. Effective date. This Act takes effect July 1,