BY REPRESENTATIVES Tupa, Epps, Clarke, S. Williams, Hagedorn, Mace, and Snyder;
also SENATORS Wham, Hernandez, Hopper, J. Johnson,
Phillips, Tanner, and Weddig.
CONCERNING THE INFANT IMMUNIZATION TRACKING SYSTEM.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 254901
(1), Colorado Revised Statutes, is amended, and the said 254901
is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
254901. Definitions.
As used in this part 9, unless the context otherwise requires:
(1) "Child"
means any student less than eighteen years of age.
"CERTIFICATE OF IMMUNIZATION" MEANS ONE OF THE FOLLOWING
FORMS OF DOCUMENTATION THAT INCLUDE THE DATES AND TYPES OF IMMUNIZATIONS
ADMINISTERED TO A STUDENT:
(a) A PAPER DOCUMENT THAT INCLUDES INFORMATION
TRANSFERRED FROM THE RECORDS OF A LICENSED PHYSICIAN, REGISTERED
NURSE, OR PUBLIC HEALTH OFFICIAL; OR
(b) AN ELECTRONIC FILE OR A HARD COPY
OF AN ELECTRONIC FILE PROVIDED TO THE SCHOOL DIRECTLY FROM THE
IMMUNIZATION TRACKING SYSTEM, ESTABLISHED PURSUANT TO SECTION
2541705 (5) (e).
(1.5) "CHILD" MEANS ANY STUDENT
LESS THAN EIGHTEEN YEARS OF AGE.
SECTION 2. 254906
(1), Colorado Revised Statutes, is amended to read:
254906. Certificate of
immunization forms. (1) The
department of public health and environment shall provide official
certificate
CERTIFICATES of immunization forms
to the schools, private physicians, and local health departments.
Any immunization record provided by a licensed physician, registered
nurse, or public health official may be accepted by the school
official as certification of immunization if the information is
transferred to the official certificate of immunization and verified
by the school official.
SECTION 3. 2541705
(5) (e), Colorado Revised Statutes, is amended to read:
2541705. Department of
public health and environment powers and duties.
(5) The board of health, in consultation with the
medical services board in the state department of health care
policy and financing, and such other persons, agencies, or organizations
that the board of health deems advisable, shall formulate, adopt,
and promulgate rules and regulations governing the implementation
and operation of the infant immunization program. Such rules
shall address the following:
(e) (I) The gathering of epidemiological
information, including the establishment of a comprehensive immunization
tracking system. INFANT IMMUNIZATION INFORMATION MAY BE GATHERED
FOR SUCH TRACKING SYSTEM BY STATE AND LOCAL HEALTH DEPARTMENTS
FROM THE FOLLOWING SOURCES:
(A) PHYSICIANS AND LICENSED HEALTH CARE
PRACTITIONERS;
(B) CLINICS;
(C) SCHOOLS;
(D) A PARENT OF THE INFANT, AS DEFINED
IN SECTION 2541703 (3);
(E) A CHILD OR STUDENT, AS DEFINED IN
SECTIONS 254901 (1.5) AND (3);
(F) MANAGED CARE ORGANIZATIONS OR HEALTH
INSURERS IN WHICH A CHILD OR STUDENT, AS DEFINED IN SECTIONS 254901
(1.5) AND (3), OR AN INFANT IS ENROLLED AS A MEMBER OR INSURED,
IF SUCH MANAGED CARE ORGANIZATION OR HEALTH INSURER REIMBURSES
OR OTHERWISE FINANCIALLY PROVIDES COVERAGE FOR IMMUNIZATIONS;
(G) HOSPITALS; OR
(H) PERSONS AND ENTITIES THAT HAVE CONTRACTED
WITH THE STATE PURSUANT TO SECTION 2541705 (7).
(II) Records containing
epidemiological information IN THE
IMMUNIZATION TRACKING SYSTEM ESTABLISHED PURSUANT TO SUBPARAGRAPH
(I) OF THIS PARAGRAPH (e) shall be strictly confidential and shall
not be released, shared with any agency or institution, or made
public, except under the following circumstances:
(I) (A) Release
may be made of medical and epidemiological information in a manner
such that no individual person can be identified.
(II) (B) Release
may be made of immunization records and epidemiological information
to the extent necessary for the treatment, control, investigation,
and prevention of vaccine preventable diseases; except that every
effort shall be made to limit disclosure of personal identifying
information to the minimal amount necessary to accomplish the
public health purpose.
(III) (C) Release
may be made of immunization records and epidemiological information
to the parent of the infant, to
the physician treating the person who is the subject of an immunization
record, or to
a school in which such person is enrolled, OR ANY ENTITY OR PERSON
DESCRIBED IN SUBSUBPARAGRAPH (E), (F), (G), OR (H) OF SUBPARAGRAPH
(I) OF THIS PARAGRAPH (e).
(IV) (D) No
officer or employee or agent of the state department of public
health and environment or local department of health shall be
examined in any judicial, executive, legislative, or other proceeding
as to the existence or content of any infant's report obtained
by such department without consent of the infant's parent. However,
this provision shall not apply to infants who are under isolation,
quarantine, or other restrictive action taken pursuant to section
251107 (1) (b).
SECTION 4. 262111.1,
Colorado Revised Statutes, is amended to read:
262111.1. Eligibility for
assistance immunization of children.
As a condition of eligibility for public assistance in the form
of a successor program to aid to families with dependent children
funded by federal block grant moneys under the federal "Personal
Responsibility and Work Opportunity Reconciliation Act of 1996",
Public Law 104193, a participant shall provide verification
or written confirmation by a physician or nurse OR PURSUANT TO
RECORDS IN THE IMMUNIZATION TRACKING SYSTEM AS SET FORTH IN SECTION
2541705 (5) (e), C.R.S., that each child in the household
is being brought uptodate with immunizations and that,
no later than the first scheduled redetermination of eligibility,
each child in the household has received any immunization for
which the child is eligible according to the age of the child,
unless exempted from this condition of eligibility based upon
religious or medical reasons pursuant to rules of the state board.
SECTION 5. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO
Created: 3/18/98 Updated: 3/18/98