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| Public Act 097-0117 | ||||
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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.
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(b) Data in the immunization registry may be used only for | ||||
the
following purposes:
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(1) To ensure that necessary immunizations are | ||||
provided and
over-immunization is avoided.
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(2) To assess immunization coverage rates.
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(3) To determine areas of under-immunization and other
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epidemiological research for disease control purposes.
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(4) To document that required immunizations have been
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provided as required for school or child care admission.
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(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.
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(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
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pharmacist's designee a written immunization data exemption | ||
form. | ||
(b) The Department shall create and provide copies of
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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:
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(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
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immunization data registry.
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(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.
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(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.
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(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.
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(a) Records maintained as part of the immunization data
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registry are confidential.
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(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.
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(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:
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(1) The immunization data registry of another state.
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(2) A health care provider or a health care provider's | ||
designee.
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(3) A local health department.
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(4) An elementary or secondary school that is attended | ||
by the
individual.
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(5) A licensed child care center in
which the | ||
individual is enrolled.
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(6) A licensed child-placing agency.
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(7) A college or university that is
attended by the | ||
individual.
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(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.
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(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.
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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.
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(2) Using the immunization data registry information | ||
to verify
that a patient or child has received proper | ||
immunizations.
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(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 | ||
schedules.
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(b) A person who knowingly, intentionally, or recklessly | ||
discloses
confidential information contained in the | ||
immunization data registry
in violation of this Act commits a | ||
Class A misdemeanor.
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Section 99. Effective date. This Act takes effect July 1, | ||
2011.
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