IC 16-38-5
    Chapter 5. Immunization Data Registry

IC 16-38-5-1
Development of registry; purposes
    Sec. 1. (a) The state department may develop and maintain animmunization data registry to collect, store, analyze, release, andreport immunization data.
    (b) Data in the immunization registry may be used only for thefollowing purposes:
        (1) To assure that necessary immunizations are provided andoverimmunization is avoided.
        (2) To assess immunization coverage rates.
        (3) To determine areas of underimmunization and otherepidemiological research for disease control purposes.
        (4) To document that required immunizations have beenprovided as required for school or child care admission.
        (5) To accomplish other public health purposes as determinedby the state department.
As added by P.L.231-1999, SEC.14. Amended by P.L.135-2003,SEC.1.

IC 16-38-5-2
Provision of immunization data to registry; exemption forms;written information on immunization registry
    Sec. 2. (a) A provider, a physician's designee, or a pharmacist'sdesignee may provide immunization data to the immunization dataregistry in a manner prescribed by the state department and for thepurposes allowed under this chapter unless:
        (1) the patient; or
        (2) the patient's parent or guardian, if the patient is less thaneighteen (18) years of age;
has completed and filed with the provider, physician's designee, orpharmacist's designee a written immunization data exemption form.
    (b) The state department shall create and provide copies ofimmunization data exemption forms to:
        (1) providers who are:
            (A) licensed under IC 25; and
            (B) authorized within the provider's scope of practice toadminister immunizations; and
        (2) individuals;
who request the form.
    (c) The state department shall distribute to providers, uponrequest, written information to be disseminated to patients thatdescribes the immunization data registry. The written informationmust include the following:
        (1) That the provider may report immunization data to theimmunization data registry.
        (2) That the patient or the patient's parent or guardian, if thepatient is less than eighteen (18) years of age, has a right to

exempt disclosure of immunization data to the registry and mayprevent disclosure by signing an immunization data exemptionform.
        (3) That the patient or the patient's parent or guardian, if thepatient is less than eighteen (18) years of age, may have theindividual's information removed from the immunization dataregistry.
        (4) Instructions on how to have the information removed.
As added by P.L.231-1999, SEC.14. Amended by P.L.135-2003,SEC.2; P.L.161-2009, SEC.1.

IC 16-38-5-3
Confidentiality of information; release of information; statistics;panel on expanding access
    Sec. 3. (a) Records maintained as part of the immunization dataregistry are confidential.
    (b) The state department may release an individual's confidentialinformation to the individual or to the individual's parent or guardianif the individual is less than eighteen (18) years of age.
    (c) Subject to subsection (d), the state department may releaseinformation in the immunization data registry concerning anindividual to the following entities:
        (1) The immunization data registry of another state.
        (2) A provider or a provider's designee.
        (3) A local health department.
        (4) An elementary or secondary school that is attended by theindividual.
        (5) A child care center that is licensed under IC 12-17.2-4 inwhich the individual is enrolled.
        (6) The office of Medicaid policy and planning or a contractorof the office of Medicaid policy and planning.
        (7) A child placing agency licensed under IC 31-27.
        (8) A college or university (as defined in IC 21-7-13-10) that isattended by the individual.
    (d) Before immunization data may be released to an entity, theentity must enter into an agreement with the state department thatprovides that information that identifies a patient will not be releasedto any other person without the written consent of the patient.
    (e) The state department may release summary statistics regardinginformation in the immunization data registry if the summarystatistics do not reveal the identity of an individual.
    (f) The state department shall convene a panel to discussexpanding access to the immunization data registry. The panel mustinclude at least one (1) representative of an insurance organizationand at least one (1) member of a health maintenance organization.The state department shall submit the recommendations of the panelto the legislative council by October 1, 2009, in an electronic formatunder IC 5-14-6.
As added by P.L.231-1999, SEC.14. Amended by P.L.135-2003,SEC.3; P.L.161-2009, SEC.2.
IC 16-38-5-4
Immunity for providing data; penalty
    Sec. 4. (a) An entity described in section 3(c) of this chapter, thestate department, or an agent of the state department who in goodfaith provides or receives immunization information is immune fromcivil and criminal liability for the following:
        (1) Providing information to the immunization data registry.
        (2) Using the immunization data registry information to verifythat a patient or child has received proper immunizations.
        (3) Using the immunization data registry information to informa patient or the child's parent or guardian:
            (A) of the patient's or child's immunization status; or
            (B) that an immunization is due according to recommendedimmunization schedules.
    (b) A person who knowingly, intentionally, or recklessly disclosesconfidential information contained in the immunization data registryin violation of this chapter commits a Class A misdemeanor.
As added by P.L.135-2003, SEC.4. Amended by P.L.97-2004,SEC.66.