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Allows immunization records to be shared without consent unless a refusal form is on record

Location: SD
Title: Allows immunization records to be shared without consent unless a refusal form is on record
Identifier: HB 1059
Stance: OPPOSE
Action Required: Sign a refusal to release information and have it put in the medical record
Status: Signed by the governor 3/13/15

Description:

UPDATE: The final version of HB 1059 was signed by the governor on 3/13/2015. 

http://legis.sd.gov/docs/legsession/2015/Bills/HB1059ENR.pdf - 

UPDATE: 3/10/2015 - HB 1059 was amended and passed by the full senate on 3/5/2015 and the house concurred with the amendments by the senate on 3/9/2015.  The amended version does include a requirement that The provider shall provide notice in any written form to the patient, or if the patient is a minor, the patient's parent or guardian of the patient's ability to refuse to permit immunization information to be shared.

However, there is no enforcement or penalty for not obtaining consent for information to be shared.  

http://legis.sd.gov/docs/legsession/2015/Bills/HB1059S.pdf - text of amended HB 1059

UPDATE: 3/4/2015 - HB 1059 passed the Senate Health and Human Services Committee and is still waiting to be heard by the full senate.  If the bill passes the senate, it will go to the governor. 

UPDATE: 1/30/2015 -  HB 1059 passed the full house on 1/28/2015 by a vote of 45 yes and 25 no. The bill is scheduled for a hearing in the Senate on 2/4/2015 along with another bill, HB 1058.  HB 1058 will expand the health department powers concerning disease control. 

Committee Agenda
Committee:    Senate Health and Human Services
Room:    412
Date:    Wednesday, February 4, 2015
Time:    10:00 AM



Individuals needing assistance, pursuant to the Americans with Disabilities Act, should contact the Legislative Research Council (605-773-3251) 48 hours before convening to make any necessary arrangements.

HB 1059*     allow authorized entities to access immunization information in certain circumstances.
    The Committee on Health and Human Services at the request of the Department of Health

HB 1058*     revise certain provisions regarding contagious disease control quarantine measures.
    The Committee on Health and Human Services at the request of the Department of Health

http://legis.sd.gov/Legislative_Session/Committees/CommitteeMembers.aspx?Committee=264&Session=2015 - Senate Health and Human Services Committee information. 

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HB 1059 was introduced on Jan. 10, 2015.  The stated purpose of this bill is to - allow authorized entities to access immunization information in certain circumstances.  The bill is being requested by the SD Dept. of Health.  The bill changes the wording concerning sharing immunization records from "may" to "shall".  The bill passed the House Health and Human Services Committee on Jan. 20, 2015 by a vote of 8 yes and 5 no. The bill will be voted on by the full house next. 

Audio is available of the hearing held on the 20th of Jan - http://legis.sd.gov/Legislative_Session/Bills/Bill.aspx?Session=2015&Bill=1059&cookieCheck=true 

HB 1059, House Health and Human Services, Do Pass

Campbell Nay Conzet Yea DiSanto Nay
Greenfield (Lana) Nay Haugaard Nay Heinemann (Leslie) Yea
Holmes Yea McCleerey Yea Sly Yea
Soli Yea Wollmann Nay Hickey Yea
Munsterman Yea
Ayes 8 Nays 5 Excused 0 Absent 0


FOR AN ACT ENTITLED, An Act to allow authorized entities to access immunization information in certain circumstances.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

Section 1. That § 34-22-12.5 be amended to read as follows:

    34-22-12.5. A patient's immunization record, even if the immunization was received prior to July 1, 1996, may shall be shared among health care providers, health care facilities, federal or state health agencies, child welfare agencies, schools, or family day care facilities, without the consent of the patient or the person acting on the patient's behalf unless the patient's signed refusal to release immunization information is part of the patient's medical record. If the patient is a minor, the refusal to release immunization information may be signed by the patient's parent or guardian on behalf of the minor patient. Any person who receives immunization data pursuant to this section and knowingly or intentionally discloses or fails to protect the confidentiality of the data is guilty of a Class 1 misdemeanor.

http://legis.sd.gov/Legislative_Session/Bills/Bill.aspx?Session=2015&Bill=1059&cookieCheck=true - status and history for HB 1059