SF 2509

as introduced - 92nd Legislature (2021 - 2022) Posted on 11/09/2021 01:57pm

A bill for an act
relating to health; clarifying access to immunization data; amending Minnesota
Statutes 2020, section 144.3351.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 144.3351, is amended to read:

144.3351 IMMUNIZATION DATA.

new text begin (a) new text end Providers as defined in section 144.291, subdivision 2, group purchasers as defined
in section 62J.03, subdivision 6, elementary or secondary schools or child care facilities as
defined in section 121A.15, subdivision 9, public or private postsecondary educational
institutions as defined in section 135A.14, subdivision 1, paragraph (b), a community health
board as defined in section 145A.02, subdivision 5, community action agencies as defined
in section 256E.31, subdivision 1, and the commissioner of health may deleted text begin exchange
immunization data with one another, without the patient's consent, if the person requesting
access provides services on behalf of the patient deleted text end new text begin access a statewide immunization information
system to obtain immunization data of an individual, without the individual's consent, if
the person requesting the data has entered into an authorized user agreement with the
commissioner of health. The authorized user agreement must specify the privacy and security
terms for authorized users, including the loss of access if an authorized user violates the
terms of the agreement. An authorized user may only access the data for purposes related
to the health of the subject of the data new text end .

new text begin (b) Any provider administering a vaccine to a patient must inform the patient or the
patient's parent or legal guardian if the patient is a minor of the patient's participation in the
immunization system and of the patient's option to opt out of having the patient's
immunization data made available to authorized users through the immunization information
system. If a patient opts out, the patient's demographic record, including the patient's
immunization data, is not available and cannot be accessed by an authorized user. The
patient may elect to opt in at any time. The patient must not be penalized if the patient
chooses not to participate in the immunization system.
new text end

new text begin (c) Data maintained in the statewide immunization system is private data on individuals,
as defined in section 13.02, subdivision 12. The commissioner must maintain a data audit
trail of all queries and responses and all actions in which data are entered, updated, accessed,
or disseminated. Data contained in the audit trail are public to the extent that the data are
not otherwise classified by law. Upon request, the commissioner must provide an individual
with information from the data audit trail related to the individual's immunization records.
new text end

new text begin (d) The commissioner must immediately and permanently revoke the authorization of
any entity identified in paragraph (a), if any individual who is employed by or under contract
with the entity willfully enters, updates, accesses, shares, or disseminates data in violation
of state or federal law. If an individual willfully gains access to data without authorization
by law, the commissioner must forward the matter to the appropriate prosecuting authority
for prosecution.
new text end

new text begin (e) By January 15 of each odd-numbered year, within existing appropriations, the
commissioner must provide a copy of the data audit trail required under this section to the
commissioner of administration, the chairs and ranking members of the legislative committees
and divisions with jurisdiction over health and human services and data practices, and the
Legislative Commission on Data Practices and Personal Data Privacy or its successor
commission.
new text end

new text begin (f) new text end For purposes of this section immunization data includes:

(1) patient's name, address, date of birth, gender, parent or guardian's name; and

(2) date vaccine was received, vaccine type, lot number, and manufacturer of all
immunizations received by the patient, and whether there is a contraindication or an adverse
reaction indication.

new text begin (g) new text end This section applies to all immunization data, regardless of when the immunization
occurred.