Oregon Revised Statutes 433.090-433.102
Development of immunization registry and tracking and recall systemAuthority to disclose registry informationDisclosure and confidentialityRulemaking and consentResponsibility for immunizationUse of registry for potential disease threatDisease control in schools: Definitions
433.090 Definitions for ORS 433.090 to 433.102.
433.092 Purpose of ORS 433.090 to 433.102; waivers of consent to release certain medical information.
- “Authorized user” means a person or entity authorized to provide information to or to receive information from an immunization registry or tracking and recall system under ORS 433.090 to 433.102. “Authorized user” includes, but is not limited to:
- The Oregon Health Authority and its agents;
- Local health departments and their agents;
- Licensed health care providers and their agents;
- Health care institutions;
- Insurance carriers;
- State health plans as defined in ORS 192.556;
- Parents, guardians or legal custodians of children under 18 years of age;
- Clients 18 years of age or older;
- Post-secondary education institutions;
- Schools; and
- Children’s facilities.
- “Children’s facility” has the meaning given that term in ORS 433.235.
- “Client” means a person registered with any Oregon tracking and recall system.
- “Immunization record” includes but is not limited to records of the following:
- Any immunization received;
- Date immunization was received;
- Complication or side effect associated with immunization;
- Date and place of birth of a client;
- Hospital where a client was born;
- Client’s name; and
- Mother’s name.
- “Immunization registry” means a listing of clients and information relating to their immunization status, without regard to whether the registry is maintained in this state or elsewhere.
- “Local health department” has the meaning given that term in ORS 433.235.
- “Parent or guardian” has the meaning given the term “parent” in ORS 433.235.
- “Post-secondary education institution” means:
- A public university listed in ORS 352.002;
- A community college operated under ORS chapter 341;
- A school or division of Oregon Health and Science University; or
- An Oregon-based, generally accredited, private institution of higher education.
- “Provider” means a physician or a health care professional who is acting within the scope of the physician’s or professional’s licensure and is responsible for providing immunization services or for coordinating immunization services within a clinic, public health site, school or other immunization site.
- “School” has the meaning given that term in ORS 433.235.
- “Tracking and recall record” means information needed to send reminder cards to, place telephone calls to or personally contact the client or the parent or guardian of a client for the purposes of informing the client, parent or guardian that the client is late in receiving recommended immunizations, hearing or lead screenings, or other public health interventions, including but not limited to the client’s:
- Telephone number;
- Insurance carrier; and
- Health care provider.
- “Tracking and recall system” means a system attached to an immunization registry designed to contact clients listed in the immunization registry for the purposes of assisting in the timely completion of immunization series, hearing or lead screenings, or other public health interventions designated by rule of the authority. [1993 c.297 1; 2003 c.573 1; 2003 c.593 1; 2007 c.196 1; 2009 c.595 640; 2011 c.71 1; 2011 c.637 271]
The purpose of ORS 433.090 to 433.102 is to waive the requirement of consent for release of information from, or providing information to, the immunization record of a client of any immunization registry and to waive issues of confidentiality in regard to this information. The waiver allows authorized users to share information from the immunization record through or between immunization registries without violating confidentiality. The immunization registries and the associated tracking and recall systems are designed to increase the state’s immunization rates for clients and help prevent the spread of the diseases at which the immunizations are aimed. Immunizations are a proven benefit to individuals and society. An immunization registry reduces inappropriate immunizations and increases appropriate immunizations because clients’ records will be easily available to authorized users. [1993 c.297 2; 2007 c.196 2]433.094 Development of immunization registry and tracking and recall system; standards.
The Oregon Health Authority, a local health department, or both, or their agents or other providers may develop an immunization registry and an associated tracking and recall system.
The immunization registry and tracking and recall system shall include, but not be limited to, the following:
- Registering all clients born in, living in or receiving services in this state;
- Tracking and updating immunization histories of the registered clients;
- Allowing a provider, the authority or a local health department to provide information to and obtain information from the immunization records contained in the immunization registry, and the tracking and recall records contained in the tracking and recall system, without the consent of the client or the parent or guardian of the client;
- Allowing an immunization record of a client who is under the care of an authorized user or enrolled in an authorized user’s program to be released to the authorized user;
- Notifying in writing the parent or guardian of a client, at least through five years of age, when the tracking and recall system indicates that a client has missed a scheduled immunization;
- Integrating with any immunization registry and its associated tracking and recall systems; and
- Working with health care providers to develop information transfer systems.
The immunization registry and tracking and recall system may allow information to be released to an authorized user from an immunization record or a tracking and recall record for purposes including, but not limited to:
433.096 Authority to disclose registry information
- Outreach to clients under the care of the authorized user or enrolled in the authorized user’s program who have missed immunizations, hearing or lead screenings, or other public health interventions designated by rule of the authority; or
- Public health assessment and evaluation related to immunizations and vaccine-preventable diseases conducted by the authority or by a local health department for clients within the local health department’s jurisdiction. [1993 c.297 3; 2003 c.573 2; 2003 c.593 2; 2007 c.196 3; 2009 c.595 641; 2011 c.71 2]
Nothing in ORS 179.505, 192.410 to 192.505, 192.553 to 192.581 or 677.190 (5) or the client and provider privilege prevents:
433.098 Nonliability for disclosure; confidential status of information; availability with consent client.
- Authorized users from providing information to and receiving information from the immunization registry regarding a client’s immunization record or tracking and recall record; or
- The immunization registry from:
- Providing immunization information to or receiving immunization information from an authorized user regarding a client’s immunization record or tracking and recall record;
- Notifying or personally contacting a client or the custodial parent or guardian of a client about the client’s immunization status; or
- Providing or publishing information in aggregate form that does not identify a client. [1993 c.297 §4; 2003 c.86 §11; 2007 c.196 §4; 2011 c.71 §4]
433.100 Rules; parental consent not required for enrollment in registry; fees.
- An authorized user and the employees or agents of an authorized user are not liable for sharing or using information from the immunization registry regarding a client’s immunization record or tracking and recall record as provided in ORS 433.094.
- Information in an immunization registry regarding a client’s immunization record or tracking and recall record, or derived from the registry or record, is confidential and may not be disclosed to any person who is not specifically authorized to receive information under ORS 433.090 to 433.102.
- When a client who is 18 years of age or older requests in writing that the client’s immunization record be removed from an immunization registry, the agency that maintains the registry shall purge the client’s immunization record from the registry as soon as is reasonably possible.
- Before sharing data with any immunization registry, an immunization registry maintained in Oregon shall ensure that the immunization registry receiving the data has confidentiality and security policies at least as stringent as the policies of the registry sharing the data. [1993 c.297 §8; 2003 c.573 §3; 2007 c.196 §5; 2011 c.71 §3]
433.102 Parental responsibility for immunizations; medical or religious exemptions
- The Oregon Health Authority shall adopt rules pertaining to the development and implementation of the immunization registries and associated tracking and recall systems. The rules must include a process that allows a client who is 18 years of age or older, a custodial parent or guardian to control the transfer of information from the client’s immunization record or tracking and recall record when such control is necessary to protect the health or safety of the family or the client.
- Nothing in this section requires the consent of a parent or guardian prior to enrolling the child in the registry or restricts the registry from providing information from a tracking and recall record to a custodial parent or guardian.
- Pursuant to rules adopted by the authority, the authority may charge fees to authorized users, except hospitals, schools and individual health care providers, for services requested from an immunization registry, including associated tracking and recall systems maintained by the authority. Authorized users may make voluntary contributions to the authority to help support the operation of an immunization registry established under ORS 433.094.
- Fees authorized under paragraph (a) of this subsection may be assessed only against managed care organizations, health maintenance organizations, physician organizations and insurance carriers that are using the information from the registries for quality improvement activities for their privately insured patients.
- All moneys received by the authority under this section shall be paid into the State Treasury and placed in the General Fund to the credit of the Public Health Account. Such moneys are continuously appropriated to the authority and shall be used only for the administration and enforcement of ORS 433.090 to 433.102. [1993 c.297 §5; 2003 c.593 §3; 2007 c.196 §6; 2009 c.595 §642; 2011 c.71 §5]
433.104 Use of immunization registry for potential catastrophic disease threat.
- Nothing in ORS 433.090 to 433.102 is intended to affect the responsibility of a parent or guardian to have a child of that parent or guardian properly immunized.
- Nothing in ORS 433.090 to 433.102 is intended to require immunization or tracking of any child otherwise exempt from immunization requirements under ORS 433.267 (1)(b) or (c). [1993 c.297 §§6,7]
- The immunization registry and associated tracking and recall systems established under ORS 433.094 may be used as a vaccination management and tracking system in preparation for a potential catastrophic disease threat, such as smallpox or pandemic influenza.
- When used as authorized by this section, the immunization registry may include persons of any age, and vaccination records may be shared with authorized users of the registry without obtaining the prior consent of the clients of the registry.
- As used in this section, “client” and “immunization registry” have the meanings given those terms in ORS 433.090. [2003 c.593 §4]
DISEASE CONTROL IN SCHOOLS
433.235 Definitions for ORS 433.235 to 433.284.
As used in ORS 433.235 to 433.284:
- “Administrator” means the principal or other person having general control and supervision of a school or children’s facility.
- “Children’s facility” or “facility” means:
- A certified child care facility as described in ORS 329A.030 and 329A.250 to 329A.450, except as exempted by rule of the Oregon Health Authority;
- A program operated by, or sharing the premises with, a certified child care facility, school or post-secondary institution where care is provided to children, six weeks of age to kindergarten entry, except as exempted by rule of the authority; or
- A program providing child care or educational services to children, six weeks of age to kindergarten entry, in a residential or nonresidential setting, except as exempted by rule of the authority.
- “Local health department” means the district or county board of health, public health officer, public health administrator or health department having jurisdiction within the area.
- “Parent” means a parent or guardian of a child or any adult responsible for the child.
- “Physician” means a physician licensed by the Oregon Medical Board or by the Oregon Board of Naturopathic Medicine or a physician similarly licensed by another state or country in which the physician practices or a commissioned medical officer of the Armed Forces or Public Health Service of the United States.
- “School” means a public, private, parochial, charter or alternative educational program offering kindergarten through grade 12 or any part thereof, except as exempted by rule of the authority. [Formerly 433.263; 1991 c.255 §1; 1995 c.278 §55; 2001 c.900 §156; 2003 c.14 §246; 2005 c.343 §1; 2009 c.43 §5; 2009 c.595 §647]