Oregon Immunization ALERT Registry and Tracking Laws
Oregon Revised Statutes 433.090-433.102
Development of immunization registry and tracking and recall system
Authority to disclose registry information
Disclosure and confidentiality
Rulemaking and consent
Responsibility for immunzation
Use of registry for potential disease threat
Disease control in schools: Definitions
433.090 Definitions for ORS 433.090 to 433.102.
As used in 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 immunization tracking and recall system under ORS 433.090 to 433.102. "Authorized user" includes, but is not limited to, licensed health care providers, health care institutions, insurance carriers, the Oregon medical assistance program, parents, schools, children's facilities, local health departments, the Department of Human Services and agents of the department.
- "Children's facility" has the meaning given that term in ORS 433.235.
- "Client" means any person registered with any Oregon immunization tracking and recall system.
- "Immunization record" includes but is not limited to 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 any listing of clients and information relating to their immunization status, without regard to whether the registry is maintained in this state or elsewhere.
- "Immunization tracking and recall record" includes but is not limited to the client's name, address of the parent or guardian of the client, telephone number, insurance carrier, health care provider and other information needed to send reminder cards to, place telephone calls to or personally contact the client or the parent or the guardian of a client for the purposes of informing the client, parent or guardian that the client is late in receiving the recommended immunizations.
- "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.
- "Provider" means a physician or a health care professional who is acting within the scope of their licensure and 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 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 completion of the immunization series in a timely manner. [1993 c.297 1; 2003 c.573 1; 2003 c.593 1]
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 providers, the Department of Human Services and local health departments and their agents, parents or guardians, schools and children's facilities 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 all providers. [1993 c.297 2]
433.094 Development of immunization registry and tracking and recall system; standards.
The Department of Human Services, a local health department, or both, or their agents or other providers may develop an immunization registry and an associated tracking and recall system to include, but not be limited to, children and young adults. This system shall include, but not be limited to, the following:
433.096 Authority to disclose registry information
- Registering all clients born in, living in or receiving services in this state;
- Tracking and updating immunization histories of the registered clients and retaining in appropriate form information about clients who have attained 18 years of age for release only as provided in ORS 433.098 (2);
- Allowing a provider to provide information to and obtain information from the immunization and immunization tracking and recall records contained in an immunization registry without the consent of the client or the parent or guardian of the client;
- Allowing an immunization record of a client to be released to that client's parent, guardian, school, children's facility or provider;
- 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 and, if the client has not been immunized after two notifications, arranging to have the parent or guardian contacted personally;
- Integrating with any immunization registry and its associated tracking and recall systems; and
- Working with health care providers to develop easy information transfer systems. [1993 c.297 3; 2003 c.573 2; 2003 c.593 2]
Nothing in ORS 179.505, 192.410 to 192.505, 192.525, 192.530, 677.190 (5) or the client and provider privilege shall prevent:
- A provider, a local health department, the Department of Human Services, the parent or guardian of a client, a school or a children's facility from providing information to and receiving information from the immunization record of a client from the immunization registry; or
- The immunization registry from:
- Providing immunization information to or receiving immunization information from a client's immunization record from a provider, a local health department, the Department of Human Services or the parent or guardian of a client, a school or a children's facility;
- Notifying or personally contacting a client or the parent or guardian of that 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]
433.098 Nonliability for disclosure; confidential status of information; availability with consent client.
- A provider, or a local health department, the Department of Human Services or the agents of any of them, children's facilities and schools shall not be subject to an action or be liable for sharing information from the immunization record or using information from the immunization tracking and recall record for purposes of tracking immunizations of clients and for outreach to clients who have missed immunizations.
- Information in an immunization registry or in the immunization tracking and recall record or derived therefrom is confidential and shall not be disclosed to any person who is not specifically authorized to receive information under ORS 433.090 to 433.102. However, when a client attains 18 years of age, information in the registry shall be made available only with the written consent of the client unless the requester shows a public health need for the information. Upon the written request of a client who is at least 18 years of age, the registry shall purge that client's immunization record and tracking and recall record from the registry.
- Before sharing data with any immunization registry, an immunization registry maintained in Oregon must 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]
433.100 Rules; parental consent not required for enrollment in registry;fees.
- The Department of Human Services shall adopt rules pertaining to the development and implementation of the immunization registries and their associated tracking and recall systems. The rules shall include a process by which a custodial parent or guardian can control the transfer of information from the immunization record or the immunization tracking and recall record when such control is necessary to protect the health or safety of the family.
- 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 tracking and recall information to a custodial parent or guardian.
- Pursuant to rules adopted by the department, the department 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 department. Authorized users may make voluntary contributions to the department to help support the operation of an immunization registry established under ORS 433.094.
- Fees authorized under paragraph (a) of this subsection shall 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 department 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 department 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]
433.102 Parental responsibility for immunizations; medical or religious exemptions
- 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]
433.104 Use of immunization registry for potential catastrophic disease threat.
DISEASE CONTROL IN SCHOOLS
- 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]
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 657A.030 and 657A.250 to 657A.450, except as exempted by rule of the Department of Human Services;
- 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 department; 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 department.
- "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 Board of Medical Examiners for the State of Oregon or by the Board of Naturopathic Examiners 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 or parochial school offering kindergarten through grade 12 or any part thereof, except as exempted by rule of the Department of Human Services. [Formerly 433.263; 1991 c.255 1; 1995 c.278 55; 2001 c.900 156; 2003 c.14 246]