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                                                        
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                                     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---



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          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 




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          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. 




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          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 




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          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. 




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          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 




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          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 --




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