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Expands the Idaho Immunization Information System/vaccine tracking system

Location: ID
Title: Expands the Idaho Immunization Information System/vaccine tracking system
Identifier: HB 91
Stance: OPPOSE
Action Required: Thank the legislators who opposed HB 91
Status: Died on 3rd reading in the House

Description:

UPFATE: 2/24/2017 - HB 91 died on 3rd reading in the full house by a vote of 26-44-0. 

UPDATE 2/18/2017: HB 91 passed the House Health and Welfare Committee 2/17/2017.

HB 91 was introduced on 2/1/2017 and referred to the House Health and Welfare Committee.  This bill is sponsored by the Health and Welfare Committee with Susie Pouliot with the Idaho Medical Association listed as a contact on the statement of purpose - https://legislature.idaho.gov/wp-content/uploads/sessioninfo/2017/legislation/H0091SOP.pdf 

This bill would require anyone administering vaccines in Idaho to enter those vaccines, with the exception of flu vaccines for those 19 and older, into the Idaho Immunization Information System (IRIS) by adding the following new section:

39-4806. USE OF IMMUNIZATION REGISTRY BY IMMUNIZATION PROVIDERS.

(1) Any person licensed under title 54, Idaho Code, who administers immunizations in Idaho shall be required to enter all immunizations, with the exception of influenza vaccines administered to persons nineteen (19) years of age and older, into the Idaho immunization reminder information system created pursuant to section 39-4803, Idaho Code.  Immunization providers shall have up to twenty-eight (28) days after administration to enter immunizations into the system.

(2) Nothing in this section shall deny adult patients or the parent, guardian or other person legally responsible for the care of a child the right to opt out of inclusion in the Idaho immunization reminder information system pursuant to section 39-4803, Idaho Code.

(3) Professional licensing boards established under title 54, Idaho Code, may enforce the provisions of this chapter in accordance with applicable law.

This bill should be opposed because it expands the current voluntary registry that only applies to children to include adults and makes it mandatory for anyone who administers vaccines to use.  

It should also be opposed because current law states -  The name of a child and information relating to the immunization status of that child shall be collected and included in the registry unless a parent, guardian or other person legally responsible for the care of the child chooses not to have the child included in the registry upon a specified written statement. Such statement may not be part of a general authorization or release.  This would prevent information from being entered into the database.  

This bill provides for a so-called "opt-out" however, once information is put into the registry, it can be used and disclosed for public health activities without consent or knowledge as allowed by HIPAA.  See 164.512, Uses and disclosure for which an authorization or opportunity to agree or object is not required.

Current law 39-4803 -https://legislature.idaho.gov/statutesrules/idstat/Title39/T39CH48/SECT39-4803/ 

https://legislature.idaho.gov/sessioninfo/2017/legislation/H0091/ - text, status and history