IC 16-38-5-1 Development of registry; purposes
Sec. 1. (a) The state department may develop and maintain an
immunization data registry to collect, store, analyze, release, and
report immunization data.
(b) Data in the immunization registry may be used only for the
following purposes:
(1) To assure that necessary immunizations are provided and
overimmunization is avoided.
(2) To assess immunization coverage rates.
(3) To determine areas of underimmunization and other
epidemiological research for disease control purposes.
(4) To document that required immunizations have been
provided as required for school or child care admission.
(5) To accomplish other public health purposes as determined
by 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's
designee may provide immunization data to the immunization data
registry in a manner prescribed by the state department and for the
purposes allowed under this chapter unless:
(1) the patient; or
(2) the patient's parent or guardian, if the patient is less than
eighteen (18) years of age;
has completed and filed with the provider, physician's designee, or
pharmacist's designee a written immunization data exemption form.
(b) The state department shall create and provide copies of
immunization data exemption forms to:
(1) providers who are:
(A) licensed under IC 25; and
(B) authorized within the provider's scope of practice to
administer immunizations; and
(2) individuals;
who request the form.
(c) The state department shall distribute to providers, upon
request, written information to be disseminated to patients that
describes the immunization data registry. The written information
must include the following:
(1) That the provider may report immunization data to the
immunization data registry.
(2) That the patient or the patient's parent or guardian, if the
patient is less than eighteen (18) years of age, has a right to
exempt disclosure of immunization data to the registry and may
prevent disclosure by signing an immunization data exemption
form.
(3) That the patient or the patient's parent or guardian, if the
patient is less than eighteen (18) years of age, may have the
individual's information removed from the immunization data
registry.
(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 data
registry are confidential.
(b) The state department may release an individual's confidential
information to the individual or to the individual's parent or guardian
if the individual is less than eighteen (18) years of age.
(c) Subject to subsection (d), the state department may release
information in the immunization data registry concerning an
individual 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 the
individual.
(5) A child care center that is licensed under IC 12-17.2-4 in
which the individual is enrolled.
(6) The office of Medicaid policy and planning or a contractor
of 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 is
attended by the individual.
(d) Before immunization data may be released to an entity, the
entity must enter into an agreement with the state department that
provides that information that identifies a patient will not be released
to any other person without the written consent of the patient.
(e) The state department may release summary statistics regarding
information in the immunization data registry if the summary
statistics do not reveal the identity of an individual.
(f) The state department shall convene a panel to discuss
expanding access to the immunization data registry. The panel must
include at least one (1) representative of an insurance organization
and at least one (1) member of a health maintenance organization.
The state department shall submit the recommendations of the panel
to the legislative council by October 1, 2009, in an electronic format
under 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, the
state department, or an agent of the state department who in good
faith provides or receives immunization information is immune from
civil and criminal liability for the following:
(1) Providing information to the immunization data registry.
(2) Using the immunization data registry information to verify
that a patient or child has received proper immunizations.
(3) Using the immunization data registry information to inform
a 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 recommended
immunization schedules.
(b) A person who knowingly, intentionally, or recklessly discloses
confidential information contained in the immunization data registry
in 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.
IC 16-38-5-1 Development of registry; purposes
Sec. 1. (a) The state department may develop and maintain an
immunization data registry to collect, store, analyze, release, and
report immunization data.
(b) Data in the immunization registry may be used only for the
following purposes:
(1) To assure that necessary immunizations are provided and
overimmunization is avoided.
(2) To assess immunization coverage rates.
(3) To determine areas of underimmunization and other
epidemiological research for disease control purposes.
(4) To document that required immunizations have been
provided as required for school or child care admission.
(5) To accomplish other public health purposes as determined
by 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's
designee may provide immunization data to the immunization data
registry in a manner prescribed by the state department and for the
purposes allowed under this chapter unless:
(1) the patient; or
(2) the patient's parent or guardian, if the patient is less than
eighteen (18) years of age;
has completed and filed with the provider, physician's designee, or
pharmacist's designee a written immunization data exemption form.
(b) The state department shall create and provide copies of
immunization data exemption forms to:
(1) providers who are:
(A) licensed under IC 25; and
(B) authorized within the provider's scope of practice to
administer immunizations; and
(2) individuals;
who request the form.
(c) The state department shall distribute to providers, upon
request, written information to be disseminated to patients that
describes the immunization data registry. The written information
must include the following:
(1) That the provider may report immunization data to the
immunization data registry.
(2) That the patient or the patient's parent or guardian, if the
patient is less than eighteen (18) years of age, has a right to
exempt disclosure of immunization data to the registry and may
prevent disclosure by signing an immunization data exemption
form.
(3) That the patient or the patient's parent or guardian, if the
patient is less than eighteen (18) years of age, may have the
individual's information removed from the immunization data
registry.
(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 data
registry are confidential.
(b) The state department may release an individual's confidential
information to the individual or to the individual's parent or guardian
if the individual is less than eighteen (18) years of age.
(c) Subject to subsection (d), the state department may release
information in the immunization data registry concerning an
individual 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 the
individual.
(5) A child care center that is licensed under IC 12-17.2-4 in
which the individual is enrolled.
(6) The office of Medicaid policy and planning or a contractor
of 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 is
attended by the individual.
(d) Before immunization data may be released to an entity, the
entity must enter into an agreement with the state department that
provides that information that identifies a patient will not be released
to any other person without the written consent of the patient.
(e) The state department may release summary statistics regarding
information in the immunization data registry if the summary
statistics do not reveal the identity of an individual.
(f) The state department shall convene a panel to discuss
expanding access to the immunization data registry. The panel must
include at least one (1) representative of an insurance organization
and at least one (1) member of a health maintenance organization.
The state department shall submit the recommendations of the panel
to the legislative council by October 1, 2009, in an electronic format
under 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, the
state department, or an agent of the state department who in good
faith provides or receives immunization information is immune from
civil and criminal liability for the following:
(1) Providing information to the immunization data registry.
(2) Using the immunization data registry information to verify
that a patient or child has received proper immunizations.
(3) Using the immunization data registry information to inform
a 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 recommended
immunization schedules.
(b) A person who knowingly, intentionally, or recklessly discloses
confidential information contained in the immunization data registry
in 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.
IC 16-38-5-1 Development of registry; purposes
Sec. 1. (a) The state department may develop and maintain an
immunization data registry to collect, store, analyze, release, and
report immunization data.
(b) Data in the immunization registry may be used only for the
following purposes:
(1) To assure that necessary immunizations are provided and
overimmunization is avoided.
(2) To assess immunization coverage rates.
(3) To determine areas of underimmunization and other
epidemiological research for disease control purposes.
(4) To document that required immunizations have been
provided as required for school or child care admission.
(5) To accomplish other public health purposes as determined
by 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's
designee may provide immunization data to the immunization data
registry in a manner prescribed by the state department and for the
purposes allowed under this chapter unless:
(1) the patient; or
(2) the patient's parent or guardian, if the patient is less than
eighteen (18) years of age;
has completed and filed with the provider, physician's designee, or
pharmacist's designee a written immunization data exemption form.
(b) The state department shall create and provide copies of
immunization data exemption forms to:
(1) providers who are:
(A) licensed under IC 25; and
(B) authorized within the provider's scope of practice to
administer immunizations; and
(2) individuals;
who request the form.
(c) The state department shall distribute to providers, upon
request, written information to be disseminated to patients that
describes the immunization data registry. The written information
must include the following:
(1) That the provider may report immunization data to the
immunization data registry.
(2) That the patient or the patient's parent or guardian, if the
patient is less than eighteen (18) years of age, has a right to
exempt disclosure of immunization data to the registry and may
prevent disclosure by signing an immunization data exemption
form.
(3) That the patient or the patient's parent or guardian, if the
patient is less than eighteen (18) years of age, may have the
individual's information removed from the immunization data
registry.
(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 data
registry are confidential.
(b) The state department may release an individual's confidential
information to the individual or to the individual's parent or guardian
if the individual is less than eighteen (18) years of age.
(c) Subject to subsection (d), the state department may release
information in the immunization data registry concerning an
individual 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 the
individual.
(5) A child care center that is licensed under IC 12-17.2-4 in
which the individual is enrolled.
(6) The office of Medicaid policy and planning or a contractor
of 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 is
attended by the individual.
(d) Before immunization data may be released to an entity, the
entity must enter into an agreement with the state department that
provides that information that identifies a patient will not be released
to any other person without the written consent of the patient.
(e) The state department may release summary statistics regarding
information in the immunization data registry if the summary
statistics do not reveal the identity of an individual.
(f) The state department shall convene a panel to discuss
expanding access to the immunization data registry. The panel must
include at least one (1) representative of an insurance organization
and at least one (1) member of a health maintenance organization.
The state department shall submit the recommendations of the panel
to the legislative council by October 1, 2009, in an electronic format
under 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, the
state department, or an agent of the state department who in good
faith provides or receives immunization information is immune from
civil and criminal liability for the following:
(1) Providing information to the immunization data registry.
(2) Using the immunization data registry information to verify
that a patient or child has received proper immunizations.
(3) Using the immunization data registry information to inform
a 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 recommended
immunization schedules.
(b) A person who knowingly, intentionally, or recklessly discloses
confidential information contained in the immunization data registry
in 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.
