BILL ANALYSIS Ó SENATE HEALTH COMMITTEE ANALYSIS Senator Ed Hernandez, O.D., Chair BILL NO: SB 922 S AUTHOR: Negrete McLeod B AMENDED: March 22, 2011 HEARING DATE: April 13, 2011 9 CONSULTANT: 2 Orr 2 SUBJECT Immunizations: disclosure of information: tuberculosis screening SUMMARY Adds tuberculosis (TB) screening results to the list of information that may be collected by local health departments and the California Department of Public Health (CDPH) for immunization information systems. CHANGES TO EXISTING LAW Existing law: Authorizes local health officers to operate immunization information systems in conjunction with the CDPH Immunization Branch. Information systems may be operated jointly among more than one health jurisdiction. Information contained within the systems may be shared with other health officers operating the systems. Allows health care providers and other agencies to disclose specified information from a patient's medical record, or from a client's record, to local health departments (LHD) operating county or regional immunization systems and to CDPH. Allows LHDs and CDPH to disclose this information to each other and to health care providers providing medical Continued--- STAFF ANALYSIS OF SENATE BILL 922 (Negrete McLeod) Page 2 care for the patient, upon request. This information includes: The names of the patient and his/her parent or guardian; The patient or client's date of birth, birthplace, and gender; Types and dates of immunizations received by the patient or client, including the manufacturers and lot numbers of the immunizations, as well as any adverse reactions to the immunizations received; Other nonmedical information necessary to establish identity; and The current address and phone number of the patient or client and the parents or guardians of the patient or client. Prior to disclosing patient or client information to an immunization system, requires the disclosing entity to inform the patient or client, or the parent or guardian, that the information may be shared with specified entities. Allows a patient or a patient's parent or guardian to refuse to allow records to be shared. Permits the patient or client, or parent or guardian, to examine the immunization record and correct errors. Allows LHDs and CDPH to disclose the information they receive, with the exception of the current address and phone number, to other specified entities upon request. Provides that the information may only be used for specified purposes including, but not limited to, compiling immunization population data and protecting the public health. Requires health care providers, LHDs, CDPH and other specified entities to maintain the confidentiality of this information. Allows CDPH to add any other disease to the list of required vaccinations for school entry that is consistent with the most current immunization recommendations of the federal Centers for Disease Control and Prevention (CDC) and the American Academy of Pediatrics. This bill: Adds TB screening results to the list of information that may be collected by LHDs and CDPH for the purpose of STAFF ANALYSIS OF SENATE BILL 922 (Negrete McLeod) Page 3 immunization information systems. FISCAL IMPACT The bill has not yet been analyzed by a fiscal committee. BACKGROUND AND DISCUSSION The author believes this bill represents a simple but important fix in the current immunization system. TB screening results are currently collected by physicians and provided to patients/parents on the same documents as immunization information (commonly known as yellow cards). The medical provider either has to re-enter (by hand) the TB screening results on the yellow card each time they print out a new yellow card from the registry, or have the parents keep the old yellow cards, so that they have a record of the TB screening results. The author states that health care providers throughout California who use the registry have consistently requested that the TB screening results be collected in the registry and printed on the yellow card for ease of maintaining this information and providing it to patients and parents. The author believes this information will also help schools to expedite the registration of students because TB screening results could be reviewed at the same time school personnel are reviewing immunization information in the registry. TB TB disease is a highly contagious bacterial infection that is passed from person to person through droplets in the air. The bacteria usually attack the lungs, but can also attack any part of the body such as the kidney, spine, lymph glands and brain. TB disease can be fatal if not treated properly, and was once the leading cause of death in the United States according to the CDC. TB germs are spread when a person with TB disease of the lungs or throat coughs, sneezes, speaks, or sings. These germs can stay in the air for several hours, depending on the environment. Persons who breathe in the air containing these TB germs can acquire a latent TB infection, which means the TB germs are in their bodies but lay dormant. STAFF ANALYSIS OF SENATE BILL 922 (Negrete McLeod) Page 4 Persons with latent TB infections do not show symptoms of TB and cannot spread TB to others, but may develop TB disease in the future. This latent infection can become active at any time and can then be spread to other individuals. When TB germs become active, they are multiplying and destroying tissue in the body. A person infected with TB disease could experience symptoms such as weakness, weight loss, fever, night sweats, coughing, chest pain, and coughing up blood, or other symptoms depending on the location of TB bacteria inside the body. TB can be curable with effective antibiotic drug treatment, which can last several months and must be taken exactly as prescribed in order to be effective. There are two tests that can be used to help detect TB infection: a skin test or a special TB blood test. The Mantoux tuberculin skin test is performed by injecting a small amount of fluid (called tuberculin) into the skin on the lower part of the arm. A person given the tuberculin skin test must return within 48 to 72 hours to have a trained health care worker look for a reaction on the arm. The special TB blood test measures how the patient's immune system reacts to the germs that cause TB. A vaccine for TB disease called Bacille Calmette-Gučrin (BCG) is used in many countries outside the United States where TB is still prevalent, but does not completely prevent people from getting TB and is not generally recommended in the U.S. For persons who were born outside of the U.S. and received BCG, it may cause a false positive tuberculin skin test. Immunization information systems According to the CDC, over 20 percent of the children in the U.S. typically have seen more than one health care provider by two years of age, resulting in scattered paper medical records. An immunization information system (IIS) can help providers and families by consolidating immunization information into one reliable source. An IIS is a confidential, computerized, population-based system that collects and consolidates vaccination data from health care providers administering vaccines and provides tools for designing and sustaining effective immunization STAFF ANALYSIS OF SENATE BILL 922 (Negrete McLeod) Page 5 strategies at the provider and program levels. Among the capabilities of an IIS are the capacity to inform health care providers administering vaccines of upcoming patient vaccination needs; generate vaccination coverage reports, patient reminders, or recalls for past due vaccinations; and interoperate with electronic health record systems. They save money by ensuring that children get only the vaccines they need and improve office efficiency by reducing the time needed to gather and review immunization records. California's statewide immunization system is called the California Immunization Registry (CAIR). CAIR consists of 10 regional immunization registries (mostly covering multi-county regions). Each registry provides a computerized system designed to assist providers in tracking patient immunization records by using web-based registry software to enter immunization data on their patients. Regional registries work with the state to maintain accurate, complete, and up-to-date immunization histories of patients served by local providers, assist with reminder notices for immunizations due or recall notices for those overdue, and inform parents and guardians about record-sharing and their right to opt out. Relevant agencies, such as schools, child care centers, service providers for the California Special Supplemental Food Program for Women, Infants, and Children (WIC), health care plans, foster care agencies, and county welfare departments may access the immunization data in CAIR to verify a pupil or client's immunization status or assist in providing medical care or services for a client. CAIR may also be used to provide the state with the data to assess immunization coverage rates, identify pockets of need, and analyze how best to ensure full immunization coverage. Participation in CAIR is not mandatory for patients or health care providers, but certain immunizations are required for school entry, including Diphtheria, Haemophilus influenzae type b, Measles, Mumps, Pertussis, Poliomyelitis, Rubella, Tetanus, Hepatitis B, and Varicella. TB screening results are not currently mandated for school entry, but TB is included on the list of communicable diseases mandated to be reported by health providers to their LHDs. STAFF ANALYSIS OF SENATE BILL 922 (Negrete McLeod) Page 6 Related bills AB 186 (Williams) would permit CDPH to modify the list of communicable diseases and conditions for which clinical labs must submit specimens to the local public health laboratory to undergo further testing and allows CDPH to modify the list at any time in consultation with the California Conference of Local Health Officers and the California Association of Public Health Laboratory Directors. Pending on the Assembly Second Reading file. AB 1192 (Garrick) would require CDPH to create and distribute information for use by hospitals that includes specified information relating to pertussis. AB 1192 would also require hospitals to distribute that information to the parents of newborn children prior to release from the hospital. Pending hearing in the Assembly Health Committee. Prior legislation AB 354 (Arambula), Chapter 434, Statutes of 2010, permits CDPH to update vaccination requirements for children entering schools and child care facilities and adds the American Academy of Family Physicians to the list of entities whose recommendations CDPH must consider when updating the list of required vaccinations. AB 2786 (Committee on Health) of 2010 was nearly identical to AB 186. AB 2786 was vetoed by Governor Schwarzenegger, who stated in part: "The Department of Public Health, in a public health emergency, already has broad authority to request and receive laboratory data. I am also concerned that the Department, without such a public health emergency, could enact changes that affect both private and public laboratories without any regulatory oversight." AB 2658 (Horton), Chapter 449, Statutes of 2008, requires laboratories to submit all cases of reportable diseases and conditions electronically, within one year of the establishment of the new state electronic laboratory reporting system, with the exception of HIV reports. SB 533 (Yee)of 2007 would have added pneumococcus to the list of diseases that pupils are required to be immunized STAFF ANALYSIS OF SENATE BILL 922 (Negrete McLeod) Page 7 against before entry into any private or public elementary or secondary school, child care center, day nursery, nursery school, family day care home, or development center, except for children who are 24 months of age or older. Vetoed by the governor, who claimed that a mandate for this vaccination was not necessary. SB 1179 (Aanestad) of 2008 would have deleted CDPH's authority to add diseases to the list of those requiring immunizations prior to entry to any private or public elementary or secondary school, child care center, day nursery, nursery school, family day care home, or development center. Set for hearing in the Senate Health Committee, but was pulled at the author's request. AB 576 (Wolk), Chapter 329, Statutes of 2006 requires, among other things, CDPH to submit by January 31, 2008, a sustainability plan for full funding of a statewide immunization information system, as specified. Arguments in support The Health Officers Association of California believes that not being able to collect TB screening information in the immunization registry is an inconvenience for parents and time-consuming for providers. SB 922 will fix this by allowing the registry to record TB screening results, which they believe will have the added benefit of helping schools expedite student registration. COMMENTS 1. Suggested technical amendment. On page 4 line 2, strike (6) and insert (7). POSITIONS Support: Health Officers Association of California (sponsor) Oppose: None received. -- END -- STAFF ANALYSIS OF SENATE BILL 922 (Negrete McLeod) Page 8