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S1183aa,aaH...........................................by HEALTH AND WELFARE
IMMUNIZATION REGISTRY - Adds to existing law relating to immunization
records to direct the Department of Health and Welfare to establish a
voluntary immunization registry; to provide notification to a parent or
guardian regarding certain information; and to authorize disclosure of
immunization records by medical personnel.
02/15 Senate intro - 1st rdg - to printing
02/16 Rpt prt - to Health/Wel
02/18 Rpt out - rec d/p - to 2nd rdg
02/19 2nd rdg - to 3rd rdg
02/24 3rd rdg - to 14th Ord
02/25 Rpt out amen - to engros
02/26 Rpt engros - 1st rdg - to 2nd rdg as amen
03/01 2nd rdg - to 3rd rdg as amen
03/04 3rd rdg as amen - PASSED - 26-6-3
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron,
Danielson, Darrington, Davis, Deide, Dunklin, Ipsen, Keough, King,
Lee, McLaughlin, Noh, Richardson, Riggs, Risch, Sandy, Schroeder,
Sorensen, Stegner, Stennett, Wheeler, Whitworth
NAYS--Branch, Frasure, Geddes, Hawkins, Ingram, Thorne
Absent and excused--Crow, Parry, Twiggs
Floor Sponsor - Riggs
Title apvd - to House
03/05 House intro - 1st rdg as amen - to Health/Wel
03/11 Rpt out - to Gen Ord
03/12 Rpt out amen - to 1st rdg as amen
03/15 1st rdg - to 2nd rdg as amen
03/16 2nd rdg - to 3rd rdg as amen
03/18 3rd rdg as amen - PASSED - 52-15-3
AYES -- Barraclough, Bieter, Black, Boe, Bruneel, Callister, Chase,
Clark, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner,
Gould, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
Jones, Judd, Kellogg, Kunz, Limbaugh, Linford, Loertscher, Mader,
Marley, Meyer(Duncan), Montgomery, Mortensen, Moyle, Pischner,
Pomeroy, Reynolds, Ringo, Robison, Sali, Sellman, Smith, Smylie,
Stoicheff, Stone, Tilman, Tippets, Trail, Watson, Zimmermann,
Mr Speaker
NAYS -- Barrett, Bell, Campbell, Crow, Geddes, Hadley, Kempton,
Kendell, Lake, McKague, Ridinger, Schaefer, Stevenson, Taylor,
Wheeler
Absent and excused -- Alltus, Williams, Wood
Floor Sponsor - Sali, Boe
Title apvd - to Senate
03/19 Senate concurred in House amens - to engros
Rpt engros - to 1st rdg as amen
Rules susp - PASSED - 33-1-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Richardson, Riggs,
Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Twiggs,
Wheeler, Whitworth
NAYS--Hawkins
Absent and excused--Parry
Floor Sponsor - Riggs
Title apvd - to enrol
03/22 Rpt enrol - Pres signed - Sp signed
03/23 To Governor
03/25 Governor signed
Session Law Chapter 347
Effective: 07/01/99
S1183|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1183, As Amended, As Amended in the House BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO IMMUNIZATION RECORDS; AMENDING CHAPTER 48, TITLE 39, IDAHO CODE, 3 BY THE ADDITION OF A NEW SECTION 39-4803, IDAHO CODE, TO DIRECT THE 4 DEPARTMENT OF HEALTH AND WELFARE TO ESTABLISH A VOLUNTARY IMMUNIZATION 5 REGISTRY, TO AUTHORIZE DISCLOSURE OF IMMUNIZATION RECORDS AND TO PROVIDE 6 PENALTIES FOR UNAUTHORIZED DISCLOSURES; AND AMENDING SECTION 9-340C, IDAHO 7 CODE, AS ENACTED BY HOUSE BILL 93 OF THE FIRST REGULAR SESSION OF THE 8 FIFTY-FIFTH IDAHO LEGISLATURE, TO PROVIDE AN EXEMPTION FROM DISCLOSURE FOR 9 THE INFORMATION IN THE REGISTRY OF IMMUNIZATIONS; AND AMENDING CHAPTER 48, 10 TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-4804, IDAHO 11 CODE, TO PROVIDE FOR NOTICE TO THE PARENT OR GUARDIAN BEFORE AN IMMUNIZA- 12 TION IS ADMINISTERED THAT THE IMMUNIZATION IS VOLUNTARY, PARTICIPATION IN 13 THE IMMUNIZATION REGISTRY IS VOLUNTARY AND THAT THE PARENT OR GUARDIAN IS 14 ENTITLED TO BE TOLD OF POSSIBLE COMPLICATIONS OF THE IMMUNIZATION. 15 Be It Enacted by the Legislature of the State of Idaho: 16 SECTION 1. That Chapter 48, Title 39, Idaho Code, be, and the same is 17 hereby amended by the addition thereto of a NEW SECTION , to be 18 known and designated as Section 39-4803, Idaho Code, and to read as follows: 19 39-4803. IMMUNIZATION REGISTRY. (1) The department of health and welfare 20 shall provide for the establishment of a voluntary registry of the immuniza- 21 tion status of Idaho children against childhood diseases. The registry may be 22 maintained and its data disclosed as set out herein to further the following 23 purposes: 24 (a) To make immunizations readily available to every Idaho citizen that 25 desires to have their child immunized; 26 (b) To increase the voluntary immunization rate in Idaho to the maximum 27 extent possible without mandating such immunizations; 28 (c) To recognize and respect the rights of parents and guardians to make 29 health care decisions for their children; 30 (d) To provide for timely reminders to parents of children in the regis- 31 try. 32 (2) The name of a child or information relating to the immunization sta- 33 tus of that child may be collected or included in the registry only upon the 34 separate and specific written authorization of a parent, guardian or other 35 person legally responsible for the care of the child. Such authorization may 36 not be part of a general authorization or release. The registry may contain 37 only the following information for each child: 38 (a) The child's name, address and birth date; 39 (b) The name and address of each parent of the child; 40 (c) The month, day, year and type of each immunization that has been 41 administered to the child; 42 (d) The name, address and phone number of each provider that has adminis- 43 tered an immunization to the child; 2 1 (e) If requested by a parent or guardian, any statement made pursuant to 2 subsection (4) of this section; 3 (f) Other information as authorized or requested by a parent or guardian. 4 (3) The department of health and welfare may only disclose information 5 relating to an individual child in the registry to the following upon a spe- 6 cific request: 7 (a) Employees of the health district in which the child resides or seeks 8 medical services; 9 (b) Health records staff of the school or school district in which the 10 child is enrolled; 11 (c) The operator of a licensed child care facility in which the child is 12 enrolled; 13 (d) Persons who are legally responsible for the long-term care of the 14 child, including operators of licensed ICF/MR's and residential care 15 facilities, adoptive and foster parents and a guardian appointed pursuant 16 to chapter 5, title 15, Idaho Code; 17 (e) Any health care provider rendering treatment to the child, and the 18 provider's agents; 19 (f) Any person possessing a lawful release, properly executed by the 20 child's parent or guardian; 21 (g) A parent of the child; 22 (h) Any hospital where the child is receiving care. 23 (4) A parent or guardian of the child shall have free and open access to 24 all information in the registry that relates to their child or themselves. 25 Upon the written request of a parent or guardian, the department of health and 26 welfare shall: 27 (a) Cause all information relating to the child to be removed from the 28 registry and any databases or files of other entities or persons to which 29 information in the database has been disclosed; 30 (b) Include in the registry the statement of a physician or parent pursu- 31 ant to section 39-4802(2) or 39-1118(2), Idaho Code. 32 (5) All information contained in the registry or disclosed from it is 33 confidential and may not be sold and may only be disclosed as specifically 34 authorized in this section. A person or entity to whom information is dis- 35 closed from the registry may not thereafter disclose it to others. Any person 36 who discloses or authorizes disclosure of any information contained in the 37 registry, except as authorized in this section is guilty of a misdemeanor and 38 is liable for civil damages in the amount of one hundred dollars ($100) for 39 each violation. 40 SECTION 2. That Section 9-340C, Idaho Code, as added by Section 4, House 41 Bill 93, enacted by the First Regular Session of the Fifty-fifth Idaho Legis- 42 lature, be, and the same is hereby amended to read as follows: 43 9-340C. RECORDS EXEMPT FROM DISCLOSURE -- PERSONNEL RECORDS, PERSONAL 44 INFORMATION, HEALTH RECORDS, PROFESSIONAL DISCIPLINE. The following records 45 are exempt from disclosure: 46 (1) Except as provided in this subsection, all personnel records of a 47 current or former public official other than the public official's public ser- 48 vice or employment history, classification, pay grade and step, longevity, 49 gross salary and salary history, status, workplace and employing agency. All 50 other personnel information relating to a public employee or applicant includ- 51 ing, but not limited to, information regarding sex, race, marital status, 52 birth date, home address and telephone number, applications, testing and 53 scoring materials, grievances, correspondence and performance evaluations, 3 1 shall not be disclosed to the public without the employee's or applicant's 2 written consent. A public official or authorized representative may inspect 3 and copy his personnel records, except for material used to screen and test 4 for employment. 5 (2) Retired employees' and retired public officials' home addresses, home 6 telephone numbers and other financial and nonfinancial membership records; 7 active and inactive member financial and membership records and mortgage port- 8 folio loan documents maintained by the public employee retirement system. 9 Financial statements prepared by retirement system staff, funding agents and 10 custodians concerning the investment of assets of the public employee retire- 11 ment system of Idaho are not considered confidential under this chapter. 12 (3) Information and records submitted to the Idaho state lottery for the 13 performance of background investigations of employees, lottery retailers and 14 major procurement contractors; audit records of lottery retailers, vendors and 15 major procurement contractors submitted to or performed by the Idaho state 16 lottery; validation and security tests of the state lottery for lottery games; 17 business records and information submitted pursuant to sections 67-7412(8) and 18 (9) and 67-7421(8) and (9), Idaho Code, and such documents and information 19 obtained and held for the purposes of lottery security and investigative 20 action as determined by lottery rules unless the public interest in disclosure 21 substantially outweighs the private need for protection from public disclo- 22 sure. 23 (4) Records of a personal nature as follows: 24 (a) Records of personal debt filed with a public agency pursuant to law; 25 (b) Personal bank records compiled by a public depositor for the purpose 26 of public funds transactions conducted pursuant to law; 27 (c) Records of ownership of financial obligations and instruments of a 28 public agency, such as bonds, compiled by the public agency pursuant to 29 law; 30 (d) Records, with regard to the ownership of, or security interests in, 31 registered public obligations; 32 (e) Vital statistics records. 33 (5) Information in an income or other tax return measured by items of 34 income or sales, which is gathered by a public agency for the purpose of 35 administering the tax, except such information to the extent disclosed in a 36 written decision of the tax commission pursuant to a taxpayer protest of a 37 deficiency determination by the tax commission, under the provisions of sec- 38 tion 63-3045B, Idaho Code. 39 (6) Records of a personal nature related directly or indirectly to the 40 application for and provision of statutory services rendered to persons apply- 41 ing for public care for the elderly, indigent, or mentally or physically hand- 42 icapped, or participation in an environmental or a public health study, pro- 43 vided the provisions of this subsection making records exempt from disclosure 44 shall not apply to the extent that such records or information contained in 45 those records are necessary for a background check on an individual that is 46 required by federal law regulating the sale of firearms, guns or ammunition. 47 (7) Employment security information and unemployment insurance benefit 48 information, except that all interested parties may agree to waive the exemp- 49 tion. 50 (8) Any personal records, other than names, business addresses and busi- 51 ness phone numbers, such as parentage, race, religion, sex, height, weight, 52 tax identification and social security numbers, financial worth or medical 53 condition submitted to any public agency pursuant to a statutory requirement 54 for licensing, certification, permit or bonding. 55 (9) Unless otherwise provided by agency rule, information obtained as 4 1 part of an inquiry into a person's fitness to be granted or retain a license, 2 certificate, permit, privilege, commission or position, private association 3 peer review committee records authorized in title 54, Idaho Code. Any agency 4 which has records exempt from disclosure under the provisions of this subsec- 5 tion shall annually make available a statistical summary of the number and 6 types of matters considered and their disposition. 7 (10) The records, finding, determinations and decision of any prelitiga- 8 tion screening panel formed under chapter 10, title 6, Idaho Code. 9 (11) Board of professional discipline reprimands by informal admonition 10 pursuant to subsection (6)(f) of section 54-1806A, Idaho Code. 11 (12) Records of the department of health and welfare or a public health 12 district that identify a person infected with a reportable disease. 13 (13) Records of hospital care, medical records, records of psychiatric 14 care or treatment and professional counseling records relating to an 15 individual's condition, diagnosis, care or treatment, provided the provisions 16 of this subsection making records exempt from disclosure shall not apply to 17 the extent that such records or information contained in those records are 18 necessary for a background check on an individual that is required by federal 19 law regulating the sale of firearms, guns or ammunition. 20 (14) Information collected pursuant to the directory of new hires act, 21 chapter 16, title 72, Idaho Code. 22 (15) Personal information contained in motor vehicle and driver records 23 that is exempt from disclosure under the provisions of chapter 2, title 49, 24 Idaho Code. 25 (16) Records of the financial status of prisoners pursuant to subsection 26 (2) of section 20-607, Idaho Code. 27 (17) Records of the department of law enforcement or department of correc- 28 tion received or maintained pursuant to section 19-5514, Idaho Code, relating 29 to DNA databases and databanks. 30 (18) Records and information contained in the registry of 31 immunizations against childhood diseases maintained in the department of 32 health and welfare, including information disseminated to others from the reg- 33 istry by the department of health and welfare. 34 SECTION 3. That Chapter 48, Title 39, Idaho Code, be, and the same is 35 hereby amended by the addition thereto of a NEW SECTION , to be 36 known and designated as Section 39-4804, Idaho Code, and to read as follows: 37 39-4804. NOTIFICATION TO PARENT OR GUARDIAN. Before an immunization is 38 administered to any child in this state, the parent or guardian of the child 39 shall be notified that: 40 (1) Immunizations are not mandatory and may be refused on religious or 41 other grounds; 42 (2) Participation in the immunization registry is voluntary; 43 (3) The parent or guardian is entitled to an accurate explanation of the 44 complications known to follow such immunization.
AS1183|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999Moved by Riggs Seconded by Diede IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1183 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, in line 10, delete "The" and insert: "For 3 the purpose of improving the statewide immunization rate to ninety percent 4 (90%), to promote public health, and to enable timely reminders to immuniza- 5 tion patients, the"; in line 11, following "of a" insert: "voluntary"; in line 6 13, delete "For" and insert: "After obtaining a parent's or guardian's written 7 authorization to be initially placed on the registry, and only for"; in lines 8 14 and 15, delete "a parent's or guardian's specific" and insert: "an addi- 9 tional"; in line 15, following "disclosure." insert: "A parent or guardian may 10 request removal from the registry at any time."; and in line 24, following 11 "maintaining a" insert: "voluntary". 12 CORRECTION TO TITLE 13 On page 1, in line 4, delete "AN" and insert: "A VOLUNTARY". Moved by Sali Seconded by Reynolds IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO S.B. NO. 1183, As Amended 14 AMENDMENT TO SECTION 1 15 On page 1 of the engrossed bill, delete lines 10 through 39, inclusive, 16 and insert: 17 "39-4803. IMMUNIZATION REGISTRY. (1) The department of health and welfare 18 shall provide for the establishment of a voluntary registry of the immuniza- 19 tion status of Idaho children against childhood diseases. The registry may be 20 maintained and its data disclosed as set out herein to further the following 21 purposes: 22 (a) To make immunizations readily available to every Idaho citizen that 23 desires to have their child immunized; 24 (b) To increase the voluntary immunization rate in Idaho to the maximum 25 extent possible without mandating such immunizations; 26 (c) To recognize and respect the rights of parents and guardians to make 27 health care decisions for their children; 28 (d) To provide for timely reminders to parents of children in the regis- 29 try. 30 (2) The name of a child or information relating to the immunization sta- 31 tus of that child may be collected or included in the registry only upon the 32 separate and specific written authorization of a parent, guardian or other 33 person legally responsible for the care of the child. Such authorization may 34 not be part of a general authorization or release. The registry may contain ]]] 2 1 only the following information for each child: 2 (a) The child's name, address and birth date; 3 (b) The name and address of each parent of the child; 4 (c) The month, day, year and type of each immunization that has been 5 administered to the child; 6 (d) The name, address and phone number of each provider that has adminis- 7 tered an immunization to the child; 8 (e) If requested by a parent or guardian, any statement made pursuant to 9 subsection (4) of this section; 10 (f) Other information as authorized or requested by a parent or guardian. 11 (3) The department of health and welfare may only disclose information 12 relating to an individual child in the registry to the following upon a spe- 13 cific request: 14 (a) Employees of the health district in which the child resides or seeks 15 medical services; 16 (b) Health records staff of the school or school district in which the 17 child is enrolled; 18 (c) The operator of a licensed child care facility in which the child is 19 enrolled; 20 (d) Persons who are legally responsible for the long-term care of the 21 child, including operators of licensed ICF/MR's and residential care 22 facilities, adoptive and foster parents and a guardian appointed pursuant 23 to chapter 5, title 15, Idaho Code; 24 (e) Any health care provider rendering treatment to the child, and the 25 provider's agents; 26 (f) Any person possessing a lawful release, properly executed by the 27 child's parent or guardian; 28 (g) A parent of the child; 29 (h) Any hospital where the child is receiving care. 30 (4) A parent or guardian of the child shall have free and open access to 31 all information in the registry that relates to their child or themselves. 32 Upon the written request of a parent or guardian, the department of health and 33 welfare shall: 34 (a) Cause all information relating to the child to be removed from the 35 registry and any databases or files of other entities or persons to which 36 information in the database has been disclosed; 37 (b) Include in the registry the statement of a physician or parent pursu- 38 ant to section 39-4802(2) or 39-1118(2), Idaho Code. 39 (5) All information contained in the registry or disclosed from it is 40 confidential and may not be sold and may only be disclosed as specifically 41 authorized in this section. A person or entity to whom information is dis- 42 closed from the registry may not thereafter disclose it to others. Any person 43 who discloses or authorizes disclosure of any information contained in the 44 registry, except as authorized in this section is guilty of a misdemeanor and 45 is liable for civil damages in the amount of one hundred dollars ($100) for 46 each violation.". 47 AMENDMENT TO THE BILL 48 On page 1, following line 39, insert: 49 "SECTION 2. That Section 9-340C, Idaho Code, as added by Section 4, House 50 Bill 93, enacted by the First Regular Session of the Fifty-fifth Idaho Legis- 51 lature, be, and the same is hereby amended to read as follows: 52 9-340C. RECORDS EXEMPT FROM DISCLOSURE -- PERSONNEL RECORDS, PERSONAL ]]] 3 1 INFORMATION, HEALTH RECORDS, PROFESSIONAL DISCIPLINE. The following records 2 are exempt from disclosure: 3 (1) Except as provided in this subsection, all personnel records of a 4 current or former public official other than the public official's public ser- 5 vice or employment history, classification, pay grade and step, longevity, 6 gross salary and salary history, status, workplace and employing agency. All 7 other personnel information relating to a public employee or applicant includ- 8 ing, but not limited to, information regarding sex, race, marital status, 9 birth date, home address and telephone number, applications, testing and 10 scoring materials, grievances, correspondence and performance evaluations, 11 shall not be disclosed to the public without the employee's or applicant's 12 written consent. A public official or authorized representative may inspect 13 and copy his personnel records, except for material used to screen and test 14 for employment. 15 (2) Retired employees' and retired public officials' home addresses, home 16 telephone numbers and other financial and nonfinancial membership records; 17 active and inactive member financial and membership records and mortgage port- 18 folio loan documents maintained by the public employee retirement system. 19 Financial statements prepared by retirement system staff, funding agents and 20 custodians concerning the investment of assets of the public employee retire- 21 ment system of Idaho are not considered confidential under this chapter. 22 (3) Information and records submitted to the Idaho state lottery for the 23 performance of background investigations of employees, lottery retailers and 24 major procurement contractors; audit records of lottery retailers, vendors and 25 major procurement contractors submitted to or performed by the Idaho state 26 lottery; validation and security tests of the state lottery for lottery games; 27 business records and information submitted pursuant to sections 67-7412(8) and 28 (9) and 67-7421(8) and (9), Idaho Code, and such documents and information 29 obtained and held for the purposes of lottery security and investigative 30 action as determined by lottery rules unless the public interest in disclosure 31 substantially outweighs the private need for protection from public disclo- 32 sure. 33 (4) Records of a personal nature as follows: 34 (a) Records of personal debt filed with a public agency pursuant to law; 35 (b) Personal bank records compiled by a public depositor for the purpose 36 of public funds transactions conducted pursuant to law; 37 (c) Records of ownership of financial obligations and instruments of a 38 public agency, such as bonds, compiled by the public agency pursuant to 39 law; 40 (d) Records, with regard to the ownership of, or security interests in, 41 registered public obligations; 42 (e) Vital statistics records. 43 (5) Information in an income or other tax return measured by items of 44 income or sales, which is gathered by a public agency for the purpose of 45 administering the tax, except such information to the extent disclosed in a 46 written decision of the tax commission pursuant to a taxpayer protest of a 47 deficiency determination by the tax commission, under the provisions of sec- 48 tion 63-3045B, Idaho Code. 49 (6) Records of a personal nature related directly or indirectly to the 50 application for and provision of statutory services rendered to persons apply- 51 ing for public care for the elderly, indigent, or mentally or physically hand- 52 icapped, or participation in an environmental or a public health study, pro- 53 vided the provisions of this subsection making records exempt from disclosure 54 shall not apply to the extent that such records or information contained in ]]] 4 1 those records are necessary for a background check on an individual that is 2 required by federal law regulating the sale of firearms, guns or ammunition. 3 (7) Employment security information and unemployment insurance benefit 4 information, except that all interested parties may agree to waive the exemp- 5 tion. 6 (8) Any personal records, other than names, business addresses and busi- 7 ness phone numbers, such as parentage, race, religion, sex, height, weight, 8 tax identification and social security numbers, financial worth or medical 9 condition submitted to any public agency pursuant to a statutory requirement 10 for licensing, certification, permit or bonding. 11 (9) Unless otherwise provided by agency rule, information obtained as 12 part of an inquiry into a person's fitness to be granted or retain a license, 13 certificate, permit, privilege, commission or position, private association 14 peer review committee records authorized in title 54, Idaho Code. Any agency 15 which has records exempt from disclosure under the provisions of this subsec- 16 tion shall annually make available a statistical summary of the number and 17 types of matters considered and their disposition. 18 (10) The records, finding, determinations and decision of any prelitiga- 19 tion screening panel formed under chapter 10, title 6, Idaho Code. 20 (11) Board of professional discipline reprimands by informal admonition 21 pursuant to subsection (6)(f) of section 54-1806A, Idaho Code. 22 (12) Records of the department of health and welfare or a public health 23 district that identify a person infected with a reportable disease. 24 (13) Records of hospital care, medical records, records of psychiatric 25 care or treatment and professional counseling records relating to an 26 individual's condition, diagnosis, care or treatment, provided the provisions 27 of this subsection making records exempt from disclosure shall not apply to 28 the extent that such records or information contained in those records are 29 necessary for a background check on an individual that is required by federal 30 law regulating the sale of firearms, guns or ammunition. 31 (14) Information collected pursuant to the directory of new hires act, 32 chapter 16, title 72, Idaho Code. 33 (15) Personal information contained in motor vehicle and driver records 34 that is exempt from disclosure under the provisions of chapter 2, title 49, 35 Idaho Code. 36 (16) Records of the financial status of prisoners pursuant to subsection 37 (2) of section 20-607, Idaho Code. 38 (17) Records of the department of law enforcement or department of correc- 39 tion received or maintained pursuant to section 19-5514, Idaho Code, relating 40 to DNA databases and databanks. 41 (18) Records and information contained in the registry of 42 immunizations against childhood diseases maintained in the department of 43 health and welfare, including information disseminated to others from the reg- 44 istry by the department of health and welfare. ". 45 CORRECTIONS TO TITLE 46 On page 1, in line 5, delete "AND" and insert: ",", and also in line 5, 47 following "RECORDS" insert: "AND TO PROVIDE PENALTIES FOR UNAUTHORIZED DISCLO- 48 SURES; AND AMENDING SECTION 9-340C, IDAHO CODE, AS ENACTED BY HOUSE BILL 93 OF 49 THE FIRST REGULAR SESSION OF THE FIFTY-FIFTH IDAHO LEGISLATURE, TO PROVIDE AN 50 EXEMPTION FROM DISCLOSURE FOR THE INFORMATION IN THE REGISTRY OF 51 IMMUNIZATIONS". ]]] 5 Moved by Moyle Seconded by Denney IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO S.B. NO. 1183, AS AMENDED 1 AMENDMENT TO THE BILL 2 On page 1 of the engrossed bill, following line 39, insert: 3 "SECTION 2. That Chapter 48, Title 39, Idaho Code, be, and the same is 4 hereby amended by the addition thereto of a NEW SECTION , to be 5 known and designated as Section 39-4804, Idaho Code, and to read as follows: 6 39-4804. NOTIFICATION TO PARENT OR GUARDIAN. Before an immunization is 7 administered to any child in this state, the parent or guardian of the child 8 shall be notified that: 9 (1) Immunizations are not mandatory and may be refused on religious or 10 other grounds; 11 (2) Participation in the immunization registry is voluntary; 12 (3) The parent or guardian is entitled to an accurate explanation of the 13 complications known to follow such immunization.". 14 CORRECTION TO TITLE 15 On page 1, in line 5, following "RECORDS" insert: "; AND AMENDING CHAPTER 16 48, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-4804, IDAHO 17 CODE, TO PROVIDE FOR NOTICE TO THE PARENT OR GUARDIAN BEFORE AN IMMUNIZATION 18 IS ADMINISTERED THAT THE IMMUNIZATION IS VOLUNTARY, PARTICIPATION IN THE IMMU- 19 NIZATION REGISTRY IS VOLUNTARY AND THAT THE PARENT OR GUARDIAN IS ENTITLED TO 20 BE TOLD OF POSSIBLE COMPLICATIONS OF THE IMMUNIZATION".
Reprint Reprint Reprint Reprint Reprint Reprint Reprint
STATEMENT OF PURPOSE
RS 09048
This bill requires the Department of Health and Welfare to provide for
the establishment of a voluntary registry for the immunization status
of children. The purposes of maintaining the registry include
increasing the immunization rate as high as possible without mandating
such immunizations and also to recognize and respect parents' authority
to make health care decisions for their children.
A parent must give written authorization before a child or information
about the child can be added to the registry. Information in the
registry can be disclosed only to specified entities and individuals,
including the health district where the child resides, the school or
day care where the child is enrolled, a hospital or person providing
care for the child and a parent or other person charge with long-term
care for the child. Disclosures can only be made upon a specific
request relating to an individual child and such request can only be
made by the designated persons and entities. On the written request of
a parent, all information relating to a child must be removed from the
registry and any files or databases to which it has been disclosed.
Information in the registry remains confidential while in the registry
and after its disclosure from the registry. Persons and entities to
whom information is disclosed are prohibited from further disclosing
it. Wrongful disclosure is a misdemeanor and carries civil liability.
Before administration of each immunization, parents must be notified
that immunizations are not mandatory, the inclusion of a child's
information in the registry is voluntary and that they are entitled to
an accurate explanation of the complications that can occur from such
immunization.
FISCAL NOTE
A $98,000 appropriation has been budgeted for a computer consultant to
help develop a viable Internet based system.
CONTACT: Senator Jack Riggs
332-1341
STATEMENT OE PURPOSE/FISCAL NOTE S 1183aa,aaH
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