Requires individuals to give opt-in consent for their information to be included in the state vaccine registry

State: NH
Bill Number: HB 1606
Position: SUPPORT
Action Required: None
Status: Enacted, Chapter 270, effective 7/1/2023

Legislation Details:

UPDATE: 6/24/2022 - HB 1606 was signed by the Governor and enacted as Chapter 270, effective on 7/1/2023.  

New section of law:

II-a.  Each patient, or the patient's parent or guardian if the patient is a minor, shall be given the opportunity to opt-out or opt-in to the immunization registry.  No patient’s personal data, such as name, address, date of birth, immunization, or vaccination information, shall be entered into the registry without the explicit, written or electronic consent of the patient, or the patient’s parent or guardian. 

270:2 Effective Date.  This act shall take effect July 1, 2023.  Approved: June 24, 2022

UPDATE: 5/13/2022 - House concurs with Senate amendment to HB 1606.

UPDATE:  5/6/2022 HB 1606 passed the Senate in a 13-10 vote.

UPDATE:  4/20/2022 - HB 1606 passed the Senate Health and Human Services Committee in a 4-1 vote with an amendment. The bill now states the following:

II-a. Each patient, or the patient's parent or guardian if the patient is a minor, shall be given the opportunity to opt-out or opt-in to the immunization registry. No patient’s personal data, such as name, address, date of birth, immunization, or vaccination information, shall be entered into the registry without the explicit, written or electronic consent of the patient, or the patient’s parent or guardian.
2 Effective Date. This act shall take effect July 1, 2023.

The bill's language is now almost the same as the introduced version. The only differences from the introduced version is that it states each person shall be given the opportunity to "opt-out or opt-in," rather than "opt-in," and an effective date of July 1, 2023 (the original bill would have been effective upon its passage).

NVIC Advocacy recommends changing the effective date of the bill to be effective upon passage. The July 1, 2023 effective date is unreasonably distant. The citizens of New Hampshire need the provisions of this bill now. There is no need for them to wait a whole year. 

Because of these changes, NVIC Advocacy  has changed the title of this bill from "Makes state vaccine registry an opt-in program & protects vaccine refusals from being tracked" to "Requires individuals to be given the opportunity to opt-in or opt-out of the state vaccine registry."

UPDATE:  3/29/2022 - HB 1606 is scheduled for hearing in the  Senate Health and Human Services Committee on Wednesday, April 6th at 12:00 PM in State House Room 100. Agenda - https://www.gencourt.state.nh.us/senate/schedule/eventDetails.aspx?event=7266&et=1

UPDATE: 3/17/2022 - HB 1606 referred to Senate Health and Human Services Committee.

UPDATE: 3/15/2022 - HB 1606 passed the House. 

UPDATE: 3/9/2022 - HB 1606 passed the House Health, Human Services & Elderly Affairs Committee with an amendment on 3/8/2022.

The bill now states that individuals or minors' parents/guardians shall be given the opportunity to opt-in or opt-out of the state vaccine registry each time a vaccine is administered to them. Only vaccines that are actually administered may be entered into the registry (if the individual opts-in), and refusals or discussions of vaccines may not be entered. An individual or a minor's parent guardian may receive a printout, upon request, of all vaccines in the registry.

The bill prohibits personal data from being entered into the vaccine registry without an explicit vaccine consent form signed by the individual.

Previously, the bill just required individuals to have to opt-in to the vaccine registry, and required their explicit written consent before entering their personal data. 

NVIC Advocacy changed the title of this bill from "Makes state vaccine registry an opt-in program instead of an opt-out program" to "Makes state vaccine registry an opt-in program & Protects Vaccine Refusals from being Tracked" to reflect the amendment.

UPDATE:  3/2/2022 - HB 1606 is scheduled for executive session in the House Health, Human Services & Elderly Affairs Committee on Monday, March 7th at 9:30 AM in Legislative Office Building Room 210-211. Agenda - https://www.gencourt.state.nh.us/house/schedule/eventDetails.aspx?event=7109&et=11

UPDATE:  2/4/2022 - HB 1606 is scheduled for a hearing in the  House Health, Human Services & Elderly Affairs Committee on Tuesday, Feb. 15th at 10:15 AM in Legislative Office Building Room 210-211. Hearing information and agenda - https://www.gencourt.state.nh.us/house/schedule/eventDetails.aspx?event=6926&et=1

HB 1606 was introduced on 1/5/2022 and referred to the House Health, Human Services & Elderly Affairs Committee. This bill is sponsored by Representative Lang, along with multiple cosponsors. 

HB 1606 requires individuals to opt-in to being included in the state's vaccine registry, rather than allowing their information to be included without their informed consent. The bill states:

"Each patient, or the patient's parent or guardian if the patient is a minor, shall be given the opportunity to opt-in to the immunization registry. No patient's personal data, such as name, address, date of birth, immunization or vaccination information, shall be entered into the registry without the explicit, written, opt-in consent of the patient, or the patient's parent or guardian."

Individuals should always have the option to have their information purged from vaccine registries. Current New Hampshire statute, RSA 141-C:20-f Immunization Registry, requires procedures which allow individuals "to withdraw consent for participation at any time and to remove information from the registry."

http://gencourt.state.nh.us/bill_status/legacy/bs2016/default.aspx - text, status, and history of HB 1606.