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Changes vaccine registry/tracking system from opt-in to opt-out

Location: MT
Title: Changes vaccine registry/tracking system from opt-in to opt-out
Identifier: HB 293
Stance: OPPOSE
Action Required: None at this time
Status: Died, missed deadline of 3/30/2017, session ends 4/28/2017

Description:

UPDATE: 4/5/2017 - HB 293 missed the deadline of 3/30/2017 for transmittal of bills, so it died. 

UPDATE: 2/21/2017 - HB 293 is currently tabled in the House Human Services Committee.  The definition of tabled in Montana is means the committee has no recommendation. Tabling a bill often kills it. http://leg.mt.gov/css/About-the-Legislature/Lawmaking-Process/from-bill-to-law.asp 

UPDATE: 2/16/2017 - A hearing was held on HB 293 on 2/1/2017.  Audio of the hearing is available here   - http://montanalegislature.granicus.com/MediaPlayer.php?clip_id=21343&meta_id=182413 

UPDATE 1/24/2017: HB 293 was scheduled for a hearing on 2/1/2017 at 3pm in hearing room 152.

HB 293 was introduced on 1/20/2017 and referred to the House Human Services Committee. This bill is sponsored by Rep. Kelker

This bill changes the current vaccine tracking/registry system to an "opt-out" system by adding the following new sections:

(2) A health care provider may disclose a patient's immunization information to the department of public health and human services for inclusion in the state immunization information system unless the patient or the patient's parent or guardian, if the patient is under 18 years of age, has completed and filed with the provider a form prohibiting disclosure of the information."

 (2) The department may share immunization information in the state immunization information system with:

     (a) a local public health agency as defined in 50-1-101;

     (b) a health care provider for a patient being treated by the health care provider;

     (c) a child-care facility or school for a child enrolled in the facility or school; or

     (d) an individual to whom the information pertains or, if the individual is under 18 years of age, to the individual's parent or guardian."


Currently in Montana consent is required before any records can be put into the registry, either written or verbal; bills were proposed to change this opt-in system to an opt-out in 2013 with HB 479  and in 2015 with HB 73  but both bills died and the system remains an opt-in system; populated by providers; applies to all ages; reporting is not mandatory.

State Registry Web Site – http://dphhs.mt.gov/publichealth/imMTrax.aspx

State Law (50-16-603) Concerning Confidentiality of Health Care Information - http://leg.mt.gov/bills/mca/50/16/50-16-603.htm

State Law (50-16-530) Concerning When Health Care Information Can be Shared - http://leg.mt.gov/bills/mca/50/16/50-16-530.htm

Child Consent Form - http://dphhs.mt.gov/Portals/85/publichealth/documents/Immunization/imMTrax/imMTraxConsentFormforChildren.pdf

Adult Consent Form - http://dphhs.mt.gov/Portals/85/publichealth/documents/Immunization/imMTrax/imMTraxConsentFormforAdults.pdf

Verbal Consent Information - http://dphhs.mt.gov/Portals/85/publichealth/documents/Immunization/imMTrax/VerbalConsentforIISMemo.pdf